3 Steps to Preserve a Wrongful Termination Claim
The best way for an employee to preserve his or her future claims is to make a complete record of it. Make a record everywhere. Record the events in your daily journal. Report the events to your supervisor. Report the events to human resources. I know, reporting things is scary. You might get fired. But, if you do not report the events that you believe are unlawful, then you cannot thereafter hold your employer accountable. In other words, an employer cannot fix what it does not know is wrong.
Check out this article published in the Small Business Trendsetter: 3 Steps To Preserve A Wrongful Termination Or Discrimination Claim
Here is the short version:
- Let Things Happen. Quitting your job because you don't think your employer will give you time off, doesn't cut it. You need to ask for time and be rejected. Afraid you won't get that promotion because you're a female? Fear is not sufficient for a discrimination claim. Apply for that promotion, interview for that promotion, and when you don't get it ask why you didn't get it over your male counter part. Don't let your fear of failure stop you. If you are being discriminated against because you are a female, that evidence will shine through.
- Report Problems. I cannot say this enough. Employers can't fix what they don't know is wrong. If the situation is bad enough to bring a lawsuit later, it is bad enough to report.
- Keep records. Regardless of the fact that most lawsuits settle, the crux of any lawsuit is that an individual has been damaged. The extent of that damage is determined by a jury. Even if a case never sees trial, its settlement value is largely based on the parties' best guess as to how a jury would decide. Put yourself in your jurors shoes: how do you decide who is right and who is wrong? A juror needs evidence. If you believe you are being unlawfully wronged, keep track of that evidence. Write everything down.
These three simple steps can greatly strengthen an employee’s chance of bringing a successful claim against his or her employer in the event of a wrongful termination or discrimination. Once you have actually been wrongfully terminated, preserve your statute of limitations immediately. This means obtaining a Right to Sue Letter, obtaining an attorney, and filing your claim.