Wrongful Termination

Wrongful termination can be a devastating experience that not only affects your career in the short term but can also affect your ability to get back on your feet and find a new job.

Firstly, your specific job and the employment contract that you signed and the local employment laws that govern where you live may largely determine whether or not you are a victim of wrongful termination.

For example, if you signed a confidentiality agreement and there is verifiable proof that you violated this aspect of your agreement, this would most likely be a legitimate example of being fired for cause ie. the company had the right to fire you.

Another example would be if you were caught stealing from your employer.

But what if the circumstances regarding your termination aren't as clear?

Often when an employee is fired, it might be on the basis of a perceived problem or disagreement of opinion such as your inability to do the job. Here are some other typical reasons that people get fired where a case of wrongful termination may exist:

These are just some of the reasons where a case of wrongful termination might exist. Certainly your specific situation and the employment laws that govern your area of employment may take precedence.

How Can You Minimize The Chances Of Wrongful Termination?

Wherever possible, always document your work and keep hard copies of any emails or other written documentation that positively comments on your work. For example, if you receive a positive employment review from your boss, bring a copy of it home and keep it on file.

If you receive written praise from peers regarding a project you worked on, keep a copy of it at home.

I'm not suggesting you remove work-related material and take it home with you if it violates your employment contract or if it's the property of the company but keeping a copy of personal materials that you should be entitled to such as a performance review is legitimate especially if your manager gives you a copy to keep.

If you are unsure, ask your manager if you can keep a copy of your performance review at the time it is given to you.

In this case, I suggest taking a copy home with you because in the case of a firing or downsizing, you might not be allowed to take anything out of the office or to access your computer.

As a recruiter, I've seen job searchers use recent performance reviews from their current employer to highlight certain skills or accomplishments they are proud of.

Having written documentation that positively highlights your work track record can come in handy down the line if you need to illustrate your past performance especially if comments being made about you by an ex-employer contradict positive comments that were written about you earlier on.

If you feel that you are a victim of wrongful termination, the first thing you should consider is getting legal advice to properly understand your situation from a legal perspective and whether or not you have a legitimate case.

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