Hundreds of thousands of EEOC wrongful termination claims are made annually to the EEOC alleging racial discrimination or age discrimination. More than 35,000 cases were brought against employees for racial discrimination at work in 2020. In the corporate world, wrongful termination has become a more common problem. If a person suspects that they may be the victim of wrongful termination, he/she may file a lawsuit against their former employer. Federal employees can file a lawsuit against the government through a different process, according to the EEOC. To learn the best way to file your lawsuit, consult a wrongful termination lawyer.
Filing an EEOC Wrongful Termination Lawsuit
It can be tedious to file a lawsuit with EEOC. The EEOC will require you to file a formal complaint that details the discrimination in your case. An experienced wrongful termination lawyer will help you to understand the laws and determine the causes of action. A claim for discrimination may be filed based on your sexual orientation, nationality, age, or race. An experienced wrongful termination lawyer can help you determine which claims to file with the EEOC.
Elements Of EEOC Wrongful Termination Claims
You will need to show different elements depending on the status of your employee when you file a wrongful termination case. You will need to prove specific elements depending on whether or not you are a contract employee, an employee at will, or a labor union employee. If you are a contractual worker, you will need evidence that you have suffered financial damages due to the breach of contract. In a wrongful termination case, you may be able also to show one of these causes:
- Right to Work Violations
- Exceptions to Employment-At-Will Laws
- Retaliation Claims
You can file a wrongful termination case with either the Nevada Equal Rights Commission or the federal Equal Employment Opportunity Commission (EEOC) if you believe that you were fired illegally. This is the first step in addressing workplace wrongdoing.
There is a legal concept called “exhaustion” that must be followed. This is one of the first steps in addressing the wrong that occurred to you in your job. Your claim will go through a process known as mediation in an endeavor to resolve the disagreement.
If you are unhappy with the outcome of mediation through NERC and the EEOC you can file a wrongful termination lawsuit against your employer. You could be eligible to receive back your pay and attorney’s fees. You may also be eligible for equitable relief such as reinstatement to your previous job.
One important thing to be aware of is that there is a statute of limitations that affects the amount of time you have to file a claim for wrongful termination. Your claim will be forever barred if you don’t take the appropriate action through the court or agency.
Contact an Attorney
Contact the Las Vegas Wrongful Termination Attorneys at Gabroy Law Offices if you feel you were fired unlawfully. To schedule a consultation, call (702) 259-7777. We can help you navigate the complex process of filing a wrongful termination case with the NERC and EEOC. To protect your rights, we are prepared to go to court.