Ways to Investigate a Wrongful Termination
Fear and fussiness are common reactions while a person encounters wrongful termination. Wrongful termination is where an employer terminates his employee for some reason which ruins the legal rights. Terminating the employee due to some reasons based on caste, creed, religion, sex or race will fall under the example of wrongful termination. If you have found that the employer has made wrongful termination, then never wait for a moment to investigate and inspect the termination
Here are some fundamental key traits that have to be taken care while investigating a wrongful termination:
Before getting ahead with the investigation process, you have to examine the employee’s employment status. This is the basic of how to investigate a wrongful termination. Make sure whether the employee has worked in an independent working relationship or contract services. This will help you to analyze the organization’s procedures and formalities for relieving the employee. Make a clear validation by examining the employee file including the contracts such as performance rating, disciplinary standards and many more. It would be an additional plus, if you have any copy of the termination document that indicates any specific reason for the firing made.
Have a clear investigation plan
Prior getting started with the investigation, you indeed have to make a basic outline on your investigative plan. Identify who all were involved in deciding the termination activity. If the termination is over a basic level one employee, then the team manager or supervisor will be involved. On the other hand, if it is any higher official termination then the CEO or other higher officials will be involved in the termination.
Become familiar with the labor laws
It is to become acquainted with the labor laws at the at-will employment and examine up to what degree employers hold the right to terminate the employee for no reason. You have to clearly investigate and be capable to separate the issues of at-will employment from the illegitimate dismissal. It is not just enough to know the state rules alone, while you have to become familiar with both federal and state rules and regulations. Many employers unknowingly breach the labor laws too.
Have a document preview
Your investigation will have a clear documentation, and going through the documentation enough number of times will help you to make the file even better. The employee’s profile, performance record, attendance and other concerning details should be reviewed while discussing wrongful termination. In case, if the employee has been terminated violating the legal rules like defalcation, harassment or any other conflicts then chart all those notes in the investigation preview.
Filing the case
At last, if you have confirmed it was a wrongful termination then file a case through U.S. Equal Employment Opportunity Commission. You can even consult your personal lawyer to file a case against the employer. Before moving through the wrongful termination investigation, you should go through the company’s rules and policies in order to lessen the risks. In case of suggestions, you can even consult your lawyer to get a detailed explanation in this regards.