If you feel you have been wrongfully terminated in Alaska, you may decide to pursue a claim with the former employer. Employees wrongfully terminated from jobs must learn the state and federal laws before filing a claim.
Wrongful termination in Alaska can cause financial and mental distress for workers. If you have experienced wrongful dismissal from your place of employment, you may have the right to seek financial compensation.
- Types of Illegal Termination in Alaska
- Types of Legal Termination in Alaska
- At-will Employment Exceptions in Alaska
- File a Discrimination Charge with the Equal Employment Opportunity Commission in Alaska
- File a Lawsuit Against Your Employer in Alaska
What is wrongful termination? Before assuming you have been wrongfully fired from jobs you previously held, it is important to determine what constitutes an illegal firing. An unlawful termination in AK is when an employer breaks a discriminatory or retaliatory employment law when letting a worker go.
Alaska Unemployment Resources
Types of Illegal Termination in Alaska
Many types of illegal termination of employment exist that are against the law, which a court of law can pursue. The types of illegal termination in Alaska include discriminatory firing based on nationality, ethnicity, and race.
Other types of unlawful terminations also include when an employer fires a worker based on age, sex, religion, disability or veteran status. If you have experienced one of these types of illegal firing in AK, you have the lawful right to file a claim against your former employer.
When examining the types of illegal dismissal of employment, you must pinpoint which one is your cause of action before you file a claim. If your employer exhibited any of the types of unlawful terminations from employment, documenting evidence to prove your case is important for the success of your claim.
Types of Legal Termination in Alaska
There are several types of legal termination of employment that may seem unfair but are not illegal. Fired employees should determine the legal reasons for terminating employees in Alaska before they start the process of pursuing a claim.
Some types of legal dismissal of employment include a layoff with appropriate notice and the closing of a business. While being let go for one of these reasons may feel unjust, the former employee has no legal claim due to these types of legal terminations.
Types of legal termination in Alaska may also be due to poor performance, or the ending of an employment contract. If an employer for termination used one of the types of legal firing, the employee does not have the ability to seek legal action.
At-Will Employment Exceptions in Alaska
Is Alaska an at will state? While there are exceptions to at-will employment that exist within the law, Alaska is an at-will state. The at-will exceptions in Alaska give employees more rights within the system if they have been wrongfully terminated from a job.
What is employment at will? At-will employment is a law followed by the state that allows employers to fire employees for any reason that is not discriminatory or retaliatory. Exceptions to at-will employment do exist and they include:
- Public policy exception: An employer cannot terminate an employee if it violates public policy
- Implied-contract exception: If an implied contract is in place, the employer cannot terminate the employee
- Covenant-of-good-faith exception: Employer must always treat employee fairly and in good faith
Note: At will employment exceptions in Alaska observed by the state include all three of the aforementioned exceptions.
File a Discrimination Charge With the Equal Employment Opportunity Commission in Alaska
Reviewing how to file a charge of employment discrimination is important if your employer has wrongfully terminated you and you want to take action. To file a wrongful termination discrimination charge, you will need to contact the Equal Employment Opportunity Commission (EEOC) to start the claim process.
You can initiate filing a charge of discrimination in Alaska immediately after your wrongfully firing from your job. You must file wrongful termination discrimination with the EEOC and make contact within 180 days from the date of the discrimination, or within 300 days if you have experienced age discrimination.
You may be wondering how to file an EEOC employment discrimination charge in AK if you are ready to take legal action against a former employer. You can submit your claim to the EEOC by mail, phone or fax. The San Francisco EEOC office handles all Alaska wrongful termination claims.
After filing a charge of discrimination in Alaska, the EEOC will decide whether to investigate your claim. The EEOC may recommend mediation to complete in approximately three months if you and your former employer agree to terms. A full investigation without mediation may take the EEOC around 10 months to complete.
After filing a charge of discrimination, the EEOC will grant you a Notice of Right to Sue your former employer if they cannot settle the claim.
File a Lawsuit Against Your Employer in Alaska
Can I file a lawsuit for wrongful termination? Filing a wrongful termination claim against an employer is available once the EEOC has attempted to settle the claim and given you the Notice of Right to Sue.
If you plan on suing for wrongful termination in Alaska after you have received permission from the EEOC, your case may be tried in federal or state court, depending on the conditions of the claim. When you file a lawsuit against your employer in Alaska, you will be responsible for providing evidence for your case including paycheck stubs, documentation, and testimonials.
If you are wondering how to file a wrongful termination lawsuit in AK, consider hiring a lawyer as a helpful way to navigate the local court system. Most wrongfully fired employees only file a lawsuit against employers for wrongful termination with the assistance of an attorney.