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Tips for countering your employer’s termination justification

On Behalf of | Jan 7, 2022 | Employment Disputes

If you feel like you’ve been retaliated against for making a claim of sexual harassment or discrimination, or for pointing out illegality in your workplace, then you need to be prepared to take legal action. After all, retaliation in these instances constitutes a wrongful termination, and you should be able to recover the compensation that you’re owed not just for your lost wages, but also for any additional harm that has been caused to you.

Be prepared for your employer’s justification

That being said, if you pursue a wrongful termination claim then you need to be prepared for your employer to argue that its adverse employment decision was justified. This means that your employer may argue that you were fired due to poor performance or attendance issues rather than for some other illegal purpose.

To try to protect yourself and your claim from these kinds of arguments, you may want to consider taking the following steps:

  • Take notes of all discriminatory, harassing, or other illegal behavior to which you are subjected so that you can accurately recall them later on.
  • Speak to witnesses who can attest to your employer’s egregious behaviors.
  • Collect contact information for these witnesses.
  • Communicate with your employer through easily traceable means, such as email.
  • Retain all communications with your employer.
  • Gather and retain all indicators of strong work performance, such as complimentary emails and performance appraisals.

Protect your claim and your rights as a worker

By taking these steps you can better position yourself for a strong legal claim. Please recognize, though, that the process can be fraught with complications, which is why it may be best for you to discuss your case with a legal professional who is experienced in this area of the law. Hopefully by doing so you can build the strong case that you need to position yourself for success and can find some accountability for your losses.