If you believe that your termination from your job was wrongful, you may be wondering if you need to enlist the help of a wrongful termination lawyer to get your claim on the right track. There are complex laws about wrongful termination. While many states and employers use an at-will approach, you can still be subjected to wrongful termination. To have a successful claim, you will need supporting evidence and documentation that shows you were treated wrong by your employer.
A wrongful termination lawyer who is licensed in your state is familiar with both the state and local laws as they apply to your specific situation. An attorney will know if you have a valid claim and the likelihood of your claim’s success. Your lawyer can help you gather supporting evidence and documentation and investigate your claim.
What is Considered Wrongful Termination?
While some states have laws regarding employment at-will where an employee can be fired for almost anything, there are still laws to protect you and to prohibit mistreatment and harassment. If you are fired because of your age – if you are older than 40, because of your gender, or for retaliation against you because you are a whistleblower, then you are the victim of wrongful termination. Those who have been wrongfully terminated may be able to file legal action against the employer.
While employers have the general discretion over who they employ, there are certain circumstances in which firing an employee could be considered wrongful termination. Wrongful termination is firing an employee in a way so that it is illegal. If an employee is fired because of his or her religious beliefs, the employer has violated federal law and it is a case of wrongful termination. If an employee who is competent is fired simply because he is 45 and the company wants younger employees, that is also wrongful termination.
There are laws that protect you from harassment, discrimination, and retaliation. While there are federal laws that come into play for many situations, many states have additional laws in place to protect its workers. You do have a time limit, or a statute of limitations, for pursuing a claim after being wrongfully terminated, so be sure to consult with a wrongful termination attorney right away.
When Should I Speak With An Attorney?
If you think that you have been mistreated by your employer and that they either discriminated against you or harassed you, or if you think you were wrongfully terminated by your employer, you should speak with a wrongful termination attorney who is licensed to practice in your state. With the help of a lawyer, you are much more likely to determine if the laws were broken and if you were wrongfully terminated. An attorney will be able to properly investigate your situation and determine if you have a claim. If you do have a claim, the lawyer will determine the best way to proceed with your claim against your employer.
Gather all the supporting evidence and documentation that you have surrounding your situation to take it with you to talk with the employment law attorney. You will want to be able to fully explain your situation and be able to detail what happened and how it happened. Your lawyer will review all the evidence and determine what to do and which step is the appropriate one for your case.
Consult With a Lawyer
If you have reason to believe that you were wrongfully terminated or that your employer has broken the laws in place to protect you and other employees, you may want to consult with a wrongful termination lawyer in your state. You have limited time – usually only 180 days – to pursue a claim for wrongful termination from the date that you were fired.
If you wait too long, you cannot take legal action and there is nothing that can be done to recover compensation for your damages at that time. Complete the Free Case Evaluation Form on this page so an attorney in your area can review the details of your wrongful termination case today.
