WHAT IS WRONGFUL TERMINATION?
Many people mistakenly believe that they have a legal claim against their employer any time their job is terminated against their will. However, this is a myth. In fact, a situation must fulfill specific definitions if it is to be considered an incident of wrongful termination. Your firing must have occurred for a illegal reason such as discrimination or a breach of contract. Legally valid examples of this type of termination include discrimination on the basis of age, sex, disability, race, ethnic background or religion or because you made a complaint against your employer or acted as a whistleblower.
WHY IT’S IMPORTANT TO HIRE THE RIGHT ATTORNEY FOR WRONGFUL TERMINATION
If your employer has let you go for what you believe to be unfair reasons, looking for a competent lawyer should be one of your first steps. Only an attorney skilled in employment law will know the ins and outs of state and federal law and can use that knowledge to determine if you have a case. Your lawyer can also enlist experts to strengthen your claim and can facilitate the process of gathering evidence and subpoenaing witnesses if necessary. Should your employer begin to make damaging allegations against you, your attorney can file legal motions, including summary judgments, to stop them and even to speed your case along. Clear and timely documentation sent by a legal professional commands attention and usually gets results. When you’re involved in an unfair termination case, that is exactly what you need. Finally, your employer will definitely have a legal team on their side, and you should, too.
HOW CAN AN ATTORNEY IN UNFAIR TERMINATION HELP ME AND PROTECT MY RIGHTS?
When you are terminated from your job, the consequences are wide-ranging. From financial strain to emotional strife, it affects your entire life and that of anyone who depends on you for support. A good employment attorney can bring all of their expertise to bear, quickly helping to determine if your case is valid, assisting you in gathering evidence and support and taking steps to make the process move faster. If warranted, they can file a wrongful discharge lawsuit that can be taken to a state or federal agency such as the Equal Employment Opportunity Commission (EEOC). The EEOC can help to address a variety of discrimination cases because it is responsible for enforcing federal laws. They may also be able to help you and your employer to reach a voluntary settlement through mediation, removing the need for a long and unpleasant court battle. In addition, the lawyer will work with you to determine what you have lost in terms of money and benefits as well as the right amount to seek for emotional distress and punitive damages, if applicable.
HOW DO I KNOW IF I HAVE A CASE OR CLAIM?
People are let go from their jobs for numerous reasons or no reason at all just as you are legally allowed to quit with or without an explanation. However, you cannot be forced to quit in a way that violates anti-discrimination laws, happens out of retaliation or is in breach of contract. If you believe you have been discriminated against as a member of a protected class, you may have a valid claim. By the same token, your case is worth pursuing if your employer has gone against the terms of a contract that both of you signed.
Wrongful discharge can be demoralizing, and you might be tempted to simply put the whole ugly experience behind you and move on without taking action. While this is certainly an option, you could lose out on a great deal if you don’t fight for the compensation and damages you deserve, including back and front pay, promotion, reinstatement, compensatory and punitive damages and attorneys’ fees.
Employment law is extremely complex. Wrongful discharge can happen in numerous ways, for various reasons and can command a wide spectrum of damages. Therefore, it is in your best interest to enlist the services of an expert legal team such as the Lee Legal Group. We can walk with you throughout every step of the process, helping you to get the results you deserve while protecting your rights and reputation. Call us today for a free, no obligation consultation with one of our caring and knowledgeable experts.