Can You Sue Your Employer For Wrongful Termination If You Resign?

In case you have been fired from your job and you believe that it was a wrongful termination, you are free to file a lawsuit against the employer. The primary demand has to be seeking compensation for benefits, lack of wages, and any other damage. The legal path of obligations for wrongful termination is quite a complicated process since it involves proving a violation of law and wrong intentions of the employer. To have a firm stand in a lawsuit, you must contact Carey & Associates P.C. for trustable and experienced lawyers.

How can you file an unlawful termination lawsuit?

Wrongful termination occurs when the employee is fired from his job for illegal reasons, harassment, and discrimination. If you solely believe that you have been wrongfully terminated from your job, it is advised to take serious action against the company to protect your rights. Here are some steps to know before you could file a case. 

1.You must have every document related to your job. 

Firstly, In any case, to fight legally, you must have solid documents and evidence. Hence, you must have every document related to you and your job, which may include the files of termination, your job application, and the recruitment letters. Along with the paper documents, it is necessary to collect written documentation statements of evidence; these live pieces of evidence will be helpful throughout your case. Always remember to file the comment document along with a specific time, date, and place, including the people present at that moment in time. 

2.Find yourself an experienced lawyer.

Secondly, to file any case, you would need a lawyer; always be mindful while choosing your lawyer, and make sure he is experienced and trustworthy. Cases like these can be complex and challenging to prove the employer wrong, which is why choosing a lawyer who is skillful and experienced, who can ensure you no win, no fee, is the one you must trust. Share everything with your lawyer truthfully and without filters because he will be the one to make you win, even if your case takes a turn against you. 

3.Consider the fees of the lawyer.

In cases like these, where employment lawyers are involved, the fees are as high as the reclaiming money that you will be receiving from the company; at least 30 to 40 percent of that money needs to be awarded to your lawyer. You will also have to pay all of the official expenses of the court as well as the lawyer, such as service fees, court fees, reporter fees, and so on. Hence, it is essential to talk to you early before filing the case, as it must also fit into your budget. 

4.Registering a complaint.

To file the legal complaint, you need a lawyer since they know the correct place to register your file complaint. Your lawyer will help you to file the complaint, and your employer needs to be served prior notice. The work at court is complex and stressful, which is why appointing a knowledgeable and experienced attorney is essential to make the work go smoothly without any delay. 

After my resignation, can I file a case against the employer on account of wrongful termination?

If you resign from your post at work, it can be complex to sue your employer in terms of wrongful termination. However, if you succeed in proving that the resignation was forcible and constructive dismissal, you may have a chance to claim wrongful termination.

What are the situations that qualify as unbearable and forcible dismissal?

Some of the unbearable situations that legally qualify as constructive dismissal are discrimination, constant work pressure, stress, harassment, assault, or a toxic work environment. A significant decrease in salaries and benefits might also be some of the reasons for forcible dismissal.