If you believe that you have been wrongfully terminated from your job, you should speak with an employment law attorney about your options.
With the help of a lawyer, you are much more likely to have a successful claim against your employer so you can recover compensation for the damages you suffered by being wrongfully terminated from your job.
What is Considered Wrongful Termination?
Wrongful termination occurs when you are fired for an illegal reason. Some examples of wrongful termination include:
- Firing violates a contract or agreement
- Firing as a whistleblower
- Firing for filing a claim against your employer
- Firing that violates any anti-discrimination laws
- Firing as a form of retaliation
Though these are just some examples, there are many ways your firing may be illegal. To understand if your firing is considered wrongful termination, you will need to determine if you were an “at-will” employee.
An “at-will” employee means that you can leave your job at any point without reason. Similarly, your employer can let you go at any point without stating a reason. This is why you termination must violate a law, contract or be a form of discrimination to be considered wrongful termination.
Damages In a Wrongful Termination Claim
Damages may include lost wages, mental anguish, lost benefits, and legal fees. In some situations, punitive damages may be awarded by the court to deter the employer from doing the same thing in the future.
Punitive damages are usually reserved for severe cases where the employer blatantly broke the law or if there is a pattern of such behavior, and other employees have fallen victim to wrongful termination.
Benefits Of Hiring a Wrongful Termination Attorney
If you have been the victim of wrongful termination, you could benefit greatly from hiring an employment law attorney. Here are some benefits of working with a wrongful termination lawyer:
- An attorney may be qualified for handling the matter and is familiar with the state and federal laws that apply to your situation.
- An employment law attorney may be able to review your case and determine the best way to proceed after you have been fired from your job wrongfully.
- Your attorney can help you gather supporting evidence, such as your employee handbook, employment contract, and termination paperwork.
- With the help of a lawyer, you can determine the best way to react to your situation and how to punish your employer for their illegal actions.
- An attorney may be able to determine what happened, if you were wrongfully terminated, and the total value of your damages suffered because of the wrongful termination.
- A lawyer can help write demand letters to your employer.
- A wrongful termination attorney can help file claims with the EEOC or with your state’s labor division.
When To Consider Talking To a Wrongful Termination Attorney
If you believe you were fired for discriminatory reasons, you may be the victim of wrongful termination.
If you have suffered previous discrimination or harassment in the workplace, that could be a sign that you were wrongfully terminated for discriminatory reasons.
If you believe you were fired for exercising a legal right, such as the Family and Medical Leave Act (FMLA), an attorney may be able to investigate and prove that your employer illegally terminated your working relationship. You cannot be fired while you are on FMLA.
Sometimes employers fire whistleblowers, which is illegal. A whistleblower is an employee who reports illegally activity or harmful actions such as financial waste by the employer.
A whistleblower is protected by federal law, so you cannot be fired for reporting your employer’s wrongdoing.
Sometimes wrongful termination is a result of gender discrimination or discrimination because of a disability, religion, national origin, or race.
You will need to gather evidence of discrimination and harassment to support your claim and to show that there was a problem.
You will need to be able to prove why you were terminated from your job and then show that kind of termination was against the law or company policy.
You must prove that you were the victim of wrongful termination, and that your employer intended to terminate you although they knew that it was not probable cause or although they knew it was wrong.
A lawyer can gather supporting evidence, review details about your employer to see if there is a pattern of such behavior and can determine the total damages that you suffered.
With the help and guidance of lawyer, your claim can get on the right track and may be underway in a timely manner.
Your claim may be filed before the statute of limitations expires, and your lawyer can help you build a strong case against your employer.
Fill Out A Free Evaluation
If you have been subjected to wrongful termination, fill out a Free Case Evaluation Form to find out about your options for pursuing a claim against your employer to recover compensation for your damages.
When you consult with a wrongful termination lawyer, you should discuss your payment options.
Some lawyers will require a retainer to be paid in advance while other lawyers will take cases on a contingency basis, which means that your lawyer would not be paid until you win your case and recover compensation for your damages.
A lawyer will be familiar with the state and federal laws that apply to your situation. With the help of a lawyer, you are much more likely to have a successful claim.
When you win your claim, it will help protect other employees of the company and will deter the employer from such activity in the future.