Essential Elements to Establish a Case of Wrongful Termination- A Comprehensive Guide

What do you need to prove wrongful termination?

Wrongful termination refers to the termination of an employee from their job that violates the terms of their employment contract or violates employment laws. If you believe you have been wrongfully terminated, it is important to understand what you need to prove in order to take legal action. This article will outline the key elements you must demonstrate to establish a case of wrongful termination.

First and foremost, you must prove that you were terminated. This may seem straightforward, but it is essential to have clear evidence of your termination, such as a written notice, email, or verbal communication from your employer. Without proof of termination, it will be difficult to establish a case.

Next, you need to show that your termination was illegal. There are several ways in which termination can be illegal, including:

1. Violation of employment contract: If you have an employment contract that outlines the terms of your employment, including the grounds for termination, your employer must follow these terms. If they terminate you for reasons not stated in the contract, it may be considered wrongful termination.

2. Discrimination: Termination based on race, gender, age, religion, disability, or other protected characteristics is illegal under federal and state laws. You must prove that your termination was due to discrimination, and not due to your performance or other non-discriminatory reasons.

3. Retaliation: If you were terminated in retaliation for engaging in a legally protected activity, such as reporting harassment or participating in an investigation, you may have a wrongful termination claim.

4. Breach of public policy: Termination that violates a public policy, such as terminating an employee for refusing to engage in illegal activities, may be considered wrongful termination.

In addition to proving that your termination was illegal, you must also demonstrate that your termination was the result of the illegal action. This means you need to show that there was a direct link between the illegal action and your termination. For example, if you were terminated for reporting discrimination, you must prove that your termination was a direct result of your report.

Lastly, you must prove that you suffered damages as a result of your wrongful termination. This could include lost wages, benefits, and emotional distress. It is important to document any damages you have suffered to support your claim.

In conclusion, to prove wrongful termination, you must establish that you were terminated, that the termination was illegal, that the illegal action was the cause of your termination, and that you suffered damages as a result. Consulting with an employment attorney can help you gather the necessary evidence and navigate the legal process to seek justice for your wrongful termination.