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Questions to Ask Yourself When Suing for Wrongful Termination

— October 20, 2022

Wrongful termination is terrible, and suing your former employer can bring you justice.

Losing your job can be devastating. You lose your only source of money, but you may also have a hard time finding a new job. Sometimes, you may not even have the possibility of asking someone else for cash. 

When the pandemic began, about 1.28 jobs were lost in Florida. Luckily, these jobs have been regained, but there are still individuals who have lost their jobs for reasons unrelated to the pandemic. If you’re in this situation, you may be thinking of suing for wrongful termination with the help of a Florida employment lawyer. 

Should you be so quick to file this lawsuit, though? Here are a few questions you should ask yourself before suing:

  1. Was There a Warning Before the Termination?

Many times, an employer will defend themselves by saying that they already issued warnings to the employee before their job was terminated. So, if you were fired, you have to look back and ask yourself whether you’ve received any warnings before the job termination. 

Not only that, but you must look into the circumstances surrounding the warning. For instance, you will have to think about how this warning was given and whether it was a clear indication that your job will be terminated or not. Also, think about whether your employer gave you any information on what should be done so that you do not lose your job. 

  1. Am I on Time with My Wrongful Termination Claim?

When you are about to sue someone, you must make sure you do it before time runs out. Different claims have different statutes of limitations, so your case will influence how much time you have available for filing the claim. The same applies to wrongful termination. 

Your claim must be filed within 21 days after the job termination. Now, there are some exceptions, but you mustn’t rely on them. The limit can only be extended by the Fair Work Commission in very special situations. You should always do your best to file the lawsuit before the deadline – otherwise, you will not be able to get any compensation.

  1. Am I Willing to Spend My Money and Time on This Case?

It’s no rocket science that suing someone is not exactly the cheapest thing. You need to spend a lot of cash to take your lawsuit to trial and hire a good attorney. So, do you have the money for it, and are you willing to spend it pursuing the case? Furthermore, do you want to spend your time doing this? 

You should bear in mind that your employer will usually have a business attorney ready to help them on the defense. Unless you are willing to invest your money and time into this and you know for sure that you were wrongfully terminated, you shouldn’t pursue this case.

  1. Do I Qualify for Wrongful Termination Claims?

To be able to file a wrongful termination claim, you must be eligible for it. This aspect will be influenced by the duration of your employment, but also by factors like your income. 

Moreover, there may be different rules that apply when your employer is part of a community of small business employers. This is why you have to look into the matter before you decide to sue. 

  1. What Was My Loss?

    Image by Andrew Khoroshavin, courtesy of Pixabay.
    Image by Andrew Khoroshavin, courtesy of Pixabay.

Did you lose anything by having your job terminated? This is something that will come into play when suing your employer for wrongful termination. You will have to look into your losses, as the Commission will be the one deciding the right amount of compensation you will receive for damages. 

Basically, the Commission will start investigating your case, and if you haven’t suffered any losses, then your claim will bring you nothing. This is why you should ask yourself whether this job termination affected you and how it affected you. 

  1. Was I Discriminated Against?

Sometimes, job terminations are based on discrimination. If you have any reason to believe that you were discriminated against for any reason, then you have a case, as discrimination in the workplace is not allowed. You can file a charge of discrimination before filing a job discrimination lawsuit. 

Of course, there is a time limit for this too – you must file the claim within 180 days after the incident occurred. 

The Bottom Line

Wrongful termination is terrible, and suing your former employer can bring you justice. But before doing so, you must know whether you have a solid case or not. Ask yourself these questions to see if you can get compensation for your case.

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