Wrongful termination can turn your whole life upside down. It impacts both your finances and your future. Plus, it’s highly unjust, and this can leave a bad taste in your mouth for months or years. However, if you’re sure that your termination was wrongful, then a wrongful termination lawyer can help you receive justice. Take a look below to learn more about how to make a case to prove you were unlawfully fired.

How Can My Wrongful Termination Lawyer Make a Case for Wrongful Termination?

The best way to make a case for wrongful termination is by gathering as much evidence to support your claim as you can. Wrongful termination law firms in Kansas City can help you do this. Evidence that can work in your favor includes witness testimonies, statements from other wrongfully fired employees, and all written communications between you and your employer in the lead up to your termination.

What Other Kind of Written Evidence Can Help Me?

If your employer fired you through text or email, then this may serve as evidence if the message includes the reason for termination. For example, if your employer states they’re firing you because you refuse to perform an act that is illegal or violates public policy.

Other evidence that may help you is documentation proving you reported your workplace for wage/hour violations, abuse/neglect (if applicable), or something else. Evidence that you were serving jury duty during days your employer considered you “absent” or evidence that you cited a workers’ compensation claim in the lead up to your termination can also work in your favor.

How Can My Attorney Prove the Evidence Is Related to My Termination?

The attorney will investigate your company to see if they’ve terminated employees for similar reasons in the past. For example, let’s say a former employee reported your company for wage/hour violations to the Department of Labour. The department will have records of this. Your company will have records of this employee’s termination, too. If you and the other employee were terminated shortly after making a similar report, then this can help build your case.

Be aware that evidence can sometimes be hard to collect, but your attorney has many ways of doing so and making your case. Witnesses and other wrongfully terminated employees will be invaluable here. The investigation will also play a major role in building your case.

What Constitutes Wrongful Termination?

Due to Missouri following the at-will statute, technically your employer can fire you for “no reason.” This means they can even fire you simply because they dislike you, and this is not wrongful. However, there are certain unlawful reasons for firing an employee. It’s unlawful to fire someone because they:

  • Refused to do something illegal or that violates public policy
  • Reported or complained about safety violations in the workplace
  • Reported wage/hour violations
  • Reported neglect and abuse in a hospital/nursing home
  • Went to management and engaged in “whistleblowing”
  • Were absent due to serving jury duty
  • Joined a union
  • Exercised their rights under laws relating to workers’ compensation
  • Took medical or family leave
  • Refused to work on their designated days off

What If I’ve Been Fired Due to Discrimination?

It can be even harder to provide evidence that proves you’ve been fired due to your:

  • Race
  • Ethnicity
  • Gender
  • Age
  • Religion
  • Disability

However, it’s illegal to fire someone based on these reasons in Missouri, and your attorney can help you build a case if you believe the reason for your termination was discriminatory. The attorney may investigate the company to see if they have a history of firing people based on any of the criteria above.

How Do I Sue for Wrongful Termination?

If you have sufficient evidence to prove you were wrongfully terminated, then first you need to file a complaint with the state or federal agency. Your attorney can advise you further on who to file this complaint with. Generally, you’ll file with the Missouri DOL for non-discriminatory reasons for wrongful termination. If you believe you were terminated due to discrimination, then you’ll file with the MHRC or EEOC.

Each agency follows a different process when you’re suing for wrongful termination. Your attorney can support you throughout these. If you can’t come to a resolution with your company, then you can go through the civil court to better pursue a lawsuit to claim:

  • Reinstatement of employment
  • Punitive damages
  • Forward/back pay or both
  • Damages for emotional distress (common in discriminatory cases)

How Likely Am I To Win My Wrongful Termination Case?

It’s impossible to say how likely it is that you’ll win your wrongful termination case. If you have a lack of sufficient evidence to prove your termination was wrongful, then it may be difficult, but a highly experienced attorney will do everything they can to help you make your case.

Wrongful termination is incredibly stressful for you, but it’s always worth pursuing justice. It’s within your rights to pursue a lawsuit or file a complaint if necessary, and it would be advisable to act on that right.