Navigating Wrongful Termination as a Contracted Employee

When an employer terminates your contract for poor work performance, but no performance evaluations were conducted, it can be a confusing and frustrating situation. Here, we will explore the steps you can take if you believe your termination was wrongful, particularly if you were a contracted employee under a permanent contract.

Understanding Your Employment Status

First, it is crucial to understand the difference between being an employee and a contracted employee. If you signed a permanent contract, you were likely classified as a contracted employee. This means you have more rights and protections under labor laws than an at-will employee.

Being a contracted employee means that your employer cannot terminate your contract without having a legitimate reason and proper documentation. If no performance assessments were conducted, but your employer still claims poor performance as the reason for termination, you have a case for wrongful termination.

Legal Action for Wrongful Termination

The only recourse you have is legal action. You can sue your employer for wrongful termination based on the evidence of your permanent contract. It is essential to consult a contract attorney for legal advice as soon as possible. Time constraints are critical, and you risk losing your right to file a lawsuit if you do not act promptly.

Proving Your Case

To build a strong case for wrongful termination, you will need to gather evidence. Here are some key pieces of evidence you should consider:

Permanent Contract: Review your original contract and keep copies for reference. Performance Assessment Forms: If your employer maintains a system of performance assessments, document your consistent lack of write-ups or evaluations. Pay Stubs: Inspect your pay stubs and tax forms. W-2 forms indicate employment, while a different tax form might indicate your status as a contractor. Communication Records: Save any communications, emails, or messages where you discuss performance or the nature of your contract status.

Saving all these documents and records will help support your claim, providing tangible evidence that you were a contracted employee and not an at-will employee.

Legal and Financial Considerations

Beyond legal action, you have other options, but they may come at a cost. Here are a few steps you can take:

Find Legal Representation: Consult a specialized contract attorney who can help you build your case and guide you through the legal process. Opt for Legal Counsel: Some legal services may offer to take your case for a fee. For example, a lawyer might charge a per-case fee to file and pursue your wrongful termination claim. Alternative Solutions: You might consider seeking a settlement or a payment for breach of contract. This can be discussed with your attorney and might be cost-effective, especially if you do not want to spend time and resources in a full-blown lawsuit.

If you decide to pursue legal action, you will need to provide personal and financial details, such as an email address, bank account information, and login details. A professional will use this information to prepare your case and file it with the appropriate court.

Lifeline and Moving Forward

While legal action is important, it is also crucial to focus on moving forward. Being fired from a job is a common experience, and it is important to address your emotional well-being. Consider the following steps:

Seek Emotional Support: Allow yourself to grieve the loss of your job and the relationship with your employer. Once the emotional stage passes, it's time to move on. Update your CV: Start looking for new job opportunities and updating your professional profile. Many people find that a change of scenery helps them grow and find new opportunities. Take Advantage of Resources: Look for career development resources and courses that can help you skill up and find new employment.

Remember, while the situation you faced might seem challenging, it is a part of life. Many professionals face similar situations and find ways to adapt, grow, and thrive in their careers.

Conclusion

Wrongful termination as a contracted employee is a significant issue that requires proper documentation and legal action. It is essential to understand your rights and seek professional help to ensure you receive fair treatment. By consulting a contract attorney and gathering strong evidence, you can increase your chances of a positive outcome. Additionally, moving forward by finding a new job and focusing on personal growth can help you rebuild your life and succeed in your career.