Ways to fight wrongful employment termination include the negotiation of a severance agreement that includes just compensation, filing a discrimination charge with the Equal Employment Opportunity Commission, or filing a lawsuit, according to Findlaw. The best remedy depends upon the reason the termination was wrongful.
Common reasons that a termination is wrongful from a legal perspective include terminations that violate federal or state discrimination laws, sexual harassment, violation of employment agreements, violation of labor or collective bargaining laws, and retaliatory discharge due to an employee's complaint about a company's unlawful practices, according to FindLaw. Penalties in wrongful termination claims are sometimes statutory and are other times determined by the actual damages suffered by the wronged employee, such as lost wages. Certain cases merit punitive damages.
In certain instances, it is advantageous for an employee who is facing the prospect of a wrongful termination to negotiate a severance agreement rather than pursue a wrongful termination claim, explains FindLaw. In these cases, it is advisable for the employee to stay on the payroll as long as possible, refuse to resign in lieu of termination and negotiate for the continuation of benefits for a period after termination. It is also unwise to accept a severance agreement contingent on new employment.
Wrongful terminations for illegal discrimination and retaliation for complaints of illegal discrimination are filed with the local EEOC office, Nolo notes. It is critical for victims of discrimination to file complaints within the allotted time limits.