What to Do After an Unfair Dismissal?

Aug 13, 2018

By Peter Friedmann

Before knowing whether you have legal options after getting fired for what you consider unfair reasons, you must understand what constitutes a wrongful termination.

What Can I Do After an Unfair Dismissal?

If you were fired in northeastern Ohio for an illegal reason, you can do four things that will help you hold your former employer accountable for a violation of your right to keep a job you were doing well. First you should leave without causing a scene. Calmly demand a letter stating the reason you got fired and gather as much evidence as you can to make your case for being fired unfairly. At some point, contact an unfair dismissal attorney in Cleveland.

Keep reading to learn why taking each of these steps is essential.

What Makes Dismissals Unfair When It Comes to Employment Law?

Under laws like Title VII of the Civil Rights Act of 1964 and the Ohio Civil Rights Act of 1959, no employer can fire a worker for a discriminatory reason. These and similar laws that protect employee rights prohibit discrimination on the basis of race, national origin, sex, gender, age, religion, pregnancy or military service.

Laws also make it illegal for employers to fire workers who report or participate in investigations into alleged discrimination, unequal pay practices, failure to pay minimum wages and earned overtime, safety violations, or sexual harassment and assault. Demoting and mistreating a worker until he or she decides to quit is against the law as well.

Firings for discriminatory or retaliatory reasons are called wrongful terminations. Forcing someone to quit to protect him or herself can also be deemed constructive discharge, depending on the circumstances. All three are against the law and give an affected worker grounds for filing a complaint with the Equal Employment Opportunity Commission and to file a civil lawsuit. Read this related article: Can You Sue for Wrongful Termination in Ohio?

Do Not Burn Bridges

Keeping your cool when unfair treatment culminates in an unfair firing can be tough, but resisting the urge to speak your mind — or worse — can benefit you in the long run.

To defend itself against a wrongful termination or constructive discharge claim, an employer must state a legally valid reason for ending the person’s employment. Hurling insults, damaging equipment, and threatening to sue on your way out the door will give your former employer evidence that you displayed a bad attitude or posed a threat to co-workers.

Document as Much Discrimination or Retaliation as You Can

If your employer does not provide one up front, you have the right to calmly request a written explanation for why you got fired. Such a letter will serve as a key piece of evidence in any formal wrongful termination complaint because the employer will need to substantiate its stated reason for the firing. Keep in mind, however, that the employer does not have to provide a written reason why you were terminated. You have no legal right to this.

You should also substantiate your own claims of discrimination or retaliation by saving emails, writing notes about personal conversation and abusive comments, and asking supportive co-workers to provide statements or testify on your behalf. The best time to start pulling together such evidence is before you lose your job, so meeting with a Cleveland, Ohio, unfair dismissal lawyer as soon as you suspect that you might be terminated can help you understand how to document mistreatment.

Consult With an Employment Lawyer

Before or after a firing, seeking advice from an unfair dismissal attorney in Cleveland will clarify your rights and give you an ally in proving that your former employer should not have forced you out of your job. In addition to making it clear that a business broke the law, succeeding with a wrongful termination or constructive discharge claim can result in the payment of back wages with interest, other monetary and punitive damages, and, if the worker requests it, reinstatement to his or her former job.

You can schedule a free and confidential with an employment attorney by calling The Friedmann Firm at 440.703.8550 or connecting with us online.

Tags

HELENA HAFEEZ-BEY

5 reviews

2 months ago

Rachel was absolutely amazing. As an attorney she really took the time to really listen to my concerns. She was honest and kept me informed every step of the way. The outcome was favorable on my behalf and I appreciate her efforts to achieve a good outcome. I would highly recommend her and the Friedmann firm to represent me if ever needed in future.

Khristina Harding

5 reviews

4 months ago

Working with Rachel Sabo from Friedmann Firm was absolutely amazing! She upholds integrity, honesty and without a doubt fights for what is right! Rachel was extremely transparent and real! Please don’t let wrong be right, Rachel will strive to advocate and put her whole heart in obtaining resolve in your situation! What an absolute blessing, she won my case in less than 1 week💪

Susan Gates

5 reviews

7 months ago

My experience with the Friedmann Firm is an absolute 5 stars. From my very first call with Karen, to all of my communication with Rachel, everything exceeded all of my expectations. Rachel and Karen were so caring and understanding in a very sensitive situation. They responded immediately to any questions or concerns I had. I would HIGHLY recommend the Friedmann Firm. They are caring, professional, understanding, and I would trust them with any issue I have in the future.

Alix Brett

5 reviews

7 months ago

Rachel and the Friedmann Firm were fantastic to work with. The thought of needing an employment lawyer was scary for me, it was confusing and complex. But Rachel listened, asked questions and took time to really understand me and my priorities. I felt calm, supported and excited for the first time in weeks after talking to her!! We worked together to review everything, set expectations and meet my priorities! Thanks Rachel and team for all your work!!!

Shawn Hendrix

5 reviews

2 months ago

Rachel Friedmann of the Friedman Firm was my attorney for a very recent legal matter. I would highly recommend Rachel based on her legal knowledge, her honest appraisal of the matter and expected outcomes, her open communication and timely responses to my questions and the matter itself, and her steadfastness in dealing with the opposing counsel until a final agreement was reached.

Mike Haskins

5 reviews

5 months ago

Rachel and her staff went over and above the call of duty to help me achieve fiscal resolution to my legal issue. She wasn’t always available to talk but was always responsive via text and email when in court out of the office and even on vacation. I feel she earned her percentage cut.

Richard Wiggins

5 reviews

5 months ago

Couldn’t be happier with the representation I received from Jamie Bailey on my civil litigation case. She worked tirelessly to resolve the case and in the end negotiated a fair settlement on my behalf. I would highly recommend her to anyone! Thanks for everything Friedman law firm.

Kent Stillion

5 reviews

8 months ago

Friedman Firm was a great help in a difficult time in my life. They went above and beyond to get me back on track. Rachel was so good to work with and is extremely knowledgeable about the law and employment rights. Can't thank them enough for all there hard work. Highly recommend them to anyone.

Shannon Heskett

5 reviews

8 months ago

The Friedmann Firm (specifically Pete Friedmann) represented me through what seemed like a never ending employment discrimination suit. The suit was filed just before Covid shut everything down in 2020. Add to that a former employer who refused to admit fault. In spite of all of that, Pete stood resolute in his representation of me and working for the best outcome for me. We ended up settling prior to trial and I was more than satisfied with the results. Pete was always available to answer questions and reassure me throughout this process.
I highly recommend The Friedmann Firm!

Laura McBroom

5 reviews

a year ago

Pete Friedmann and his firm are fantastic. He represented me for more than a year going through a suit with a previous employer. He walked me through every step of the process and was always quick to respond to any questions I had. My settlement came in and we parted ways with both sides being pleased with the outcome. I highly recommend the Friedmann firm and wouldn’t hesitate to use them again in the future if the need arose. Thank you, Pete!

Elliott Family

5 reviews

8 months ago

Rachel and the Friedmann Firm have been amazing to work with. Rachel was very helpful, listened to our concerns and took our case. She communicated well throughout and really worked for us. We were very well represented!

Destiny Coleman

5 reviews

a year ago

I loved working with The Friedmann Firm. Rachel and Jamie are exceptional lawyers and were diligent in reviewing my case and letting me know of my options. Jamie was extremely thorough and handled even the smallest details of my case with ease. The entire process was seamless and they were always quick to respond to emails and calls. I would definitely recommend working with The Friedmann Firm.

Kim L

5 reviews

11 months ago

I would recommend Rachel Sabo Friedmann and the Friedmann firm for severance negotiations. Rachel was always available and responsive and made an effort to ensure I was updated on every step of the process. Her diligent efforts produced a prompt resolution and we are very happy with the results!