Wrongful Termination Lawyer
Whenever an employer dismisses an employee in breach of local, state, or federal laws or the conditions of an employment contract, this refers to wrongful termination. You may be qualified to submit the said claim against your employer if you feel you were fired unfairly. Below is a comprehensive guide on how you can file a case against your company for wrongful termination, provided by our friends at Abdi & Associates Inc.
Understanding Wrongful Termination
Wrongful termination is a dismissed employee’s claim that their firing violated a workplace agreement or certain applicable law. Where a contract of employment calls for dismissal solely for cause, the fired worker may bring suit for arbitrary discharge.
One of the most prevalent categories of workplace claims is wrongful termination. However, the majority fall into one of the subsequent groups, even if there are always variables that vary from case to case.
Breach of Contract
The company you work for cannot fire you in violation of a contract or employment agreement if one exists. Occasionally contracts place restrictions on an employer’s ability to terminate an employee, and breaking these conditions could end in legal action. Certain states also accept “implied contracts,” which are commitments that are inferred from the conduct of the employer or the letter of employment. As a result, regardless of whether you and your employer didn’t formally enter into a contract, you may still be entitled to sue for breach of your employment contract.
Harassment or Discrimination
Employers are prohibited from discriminating against their workforce personnel based on protected traits such as Age, Disability, Gender, Nationality, Race, and Religion.
The majority of states have additional legislation in place that prohibit employers from discriminating on the basis of other traits, such as Relationship status, Gender identity, and Sexual orientation. If you believe that any of the factors listed above contributed to an integral part of your termination, you should contact an employment lawyer right once.
Employees cannot be terminated by their employers in retribution for Being injured at work, Refusal to engage in illegal endeavors, Putting forward a case of harassment, and Emphasizing safety or health breaches
Workers cannot be dismissed for reporting infractions under a number of federal laws, including the Energy Reorganization Act, the Clean Air Act, and the Water Pollution Control Act. Several states have further regulations in effect that additionally defend against retaliatory firings of employees.
Failure to Provide Necessary Housing
As long as it isn’t causing an inconvenience for the company, the Americans with Disabilities Act also mandates that employers provide reasonable adjustments for a worker’s disabilities. As a result, your employer cannot fire you for asking for certain adjustments due to a handicap. You may be entitled to compensation if your employer refuses to provide them and you are compelled to resign as a result.
Neglecting Protected Leaves
Workers are protected by federal and state regulations from being dismissed while on approved leave. They may not be terminated by an employer with a staff of fifty or more for taking up to 12 weeks of annual leave due to specific family and/or health concerns. Moreover, a worker cannot be fired for taking a leave due to their impairment per the Americans with Disabilities Act.
In every state in the United States, with the exception of Montana, employment relationships are regarded as “at-will“. The United States is one of a select few nations where employment is primarily at-will. The majority of nations in the world only permit companies to fire workers for legitimate business reasons. We continue to uphold the at-will assumption for numerous reasons, including respect for contract freedom, employer deference, and the conviction that both employers and workers prefer an at-will employment arrangement over stable employment.
Under an at-will contract, an employer is free to fire an employee at any moment for any reason—aside from those that are illegal—or for absolutely nothing at all. Similarly, there are no negative legal repercussions if an employee quits their employment at any moment for whatever reason or for no reason at all.
At-will employment also indicates that an employer may modify the conditions of the working relationship at any time with no warning and no repercussions. An employer could change pay, stop providing benefits, or cut paid time off, for instance. In its purest form, the U.S. at-will law exposes workers to arbitrary and unexpected termination, a constrained or on-call timetable depending on the demands of the employer, and sudden reductions in wages and benefits.
Preparing for a Wrongful Termination Case
It’s essential to get ready for a prospective legal lawsuit if you feel that your employment was terminated unlawfully. Collecting proof that corroborates your claim is one of the crucial elements in this procedure. Documentation of the events leading up to your termination and a copy of any communication regarding your employment may be covered in these records.
A wrongful termination lawyer will tell you that the procedure of obtaining evidence for a claim involves documenting instances of it. This might involve noting the dates, timings, and specifics of any instances you feel had anything to do with why you were fired. It’s imperative to be as descriptive and thorough as you can, taking into account any potential witnesses who were there.
Another crucial aspect is maintaining a record of every correspondence. This may pertain to any sort of written correspondence concerning your work, including electronic mail, letters, and the like. These records can be used to create a sequence of events and serve as proof of any acts that your employer may have made that may have contributed to your dismissal.
If you’re trying to prepare for a wrongful termination lawsuit, speaking with witnesses might be beneficial. This might include employees who could have seen the events that resulted in your firing as well as anybody who may have knowledge of the actions of your employer.
Filing a Wrongful Termination Lawsuit
You can think about bringing a wrongful termination claim if you feel that your employment was terminated wrongfully. Here are some essential measures to follow during the legal procedure:
- Employing a skilled employment attorney is the first step in bringing a wrongful termination claim. An attorney can assist you in assessing your case, compiling evidence, and navigating the law.
- When you employ a lawyer, they will assist you in submitting a complaint to the proper court or government body. You will explain in the claim why you think your termination was unjustified.
- Answering the Employer’s Response: After submitting your claim, your company will have the opportunity to reply to the allegations. Your lawyer will assist you in refuting any legal contentions put forth by the employer and in gathering further proof to strengthen your case.
- Comprehending the Legal Procedure: It’s essential to be informed that the legal system may be difficult and time-consuming. Your lawyer will assist you throughout the legal procedure, which can involve settlement talks, investigation, and at times a trial.
- Potential Conclusions: If your claim is successful, you could receive compensation for your lost wages, and lost potential incomes, along with possible punitive penalties. Moreover, there is no clear assurance of succeeding, making it imperative to always prepare for the risks and expenses that might be involved in pursuing a case.
Proving Wrongful Termination
The employee must fulfill the burden of proof and present proof that their discharge was unlawful for them to establish wrongful termination. Employees have constitutional protections and may be able to collect damages if they are capable of demonstrating that their termination was unlawful, even if employers can resort to conventional defenses to refute these allegations.
Burden of Proof
The employee bears the burden of proving that their dismissal was unjust. This implies that the employee must demonstrate that the basis for their termination—such as discrimination, retribution, or a violation of contract—was unlawful.
Therefore, employers may contest a claim of wrongful termination using a range of arguments. In one example, an employer might suggest that the worker’s layoff was caused by the employee’s inability to fulfill performance standards or adhere to corporate guidelines. As an alternative, an employer may contend that the worker was considered an at-will employee, in which case their employment might be terminated at any moment and without cause.
Damages in a Wrongful Termination Lawsuit
An employee who has been unlawfully fired could possibly be eligible for damages as restitution for their losses. Some of the following forms of losses might be recovered in a claim for wrongful termination:
These are awards that make up for the employee’s loss of income as a result of the dismissal. Examples involve missed pay, bonuses, and income in future months.
These constitute the employee’s compensation for non-financial losses such as psychological anguish, physical discomfort, and reputational damage.
Subsequently, punitive damages can be accessible in lieu of economic and non-economic damages in specific circumstances. Punitive damages are meant to hold the employer liable for their infractions and discourage further instances of the same scenarios. Punitive damages, meanwhile, are often only awarded in situations where the employer’s actions were very severe, including cases of discrimination or retribution.
Settlement vs. Trial
One of the most significant decisions when pursuing a legal claim involves choosing to settle or go to court. Going to trial means providing evidence and making justifications in court, but settling entails coming to an arrangement with the other party in lieu of trial.
Settlements offer control, privacy, predictability, and time and cost reductions, but they may also underpay the victim, lack responsibility, restrict recovery alternatives, and harm the victim’s image. Trials can lead to complete restitution, responsibility, a legal precedent, and increased awareness, but they can also bring about uncertainty, expensive legal bills, loss of control, and a damaged reputation.
The strength of the case, probable restitution, the time and expense of going to trial, potential notoriety, and emotional cost should all be taken into account prior to selecting an option. In all cases, what is ideal for the victim and their situation needs to be taken into account.
Hire A Wrongful Termination Attorney Today
The legal procedure of taking on an employer for wrongful termination is challenging. Yet, you may raise your likelihood of success by being well-informed and prepared. To help you navigate the procedure and get legal counsel tailored to your circumstance, consider speaking with an experienced lawyer.
Skilled attorneys can offer you the counsel and assistance you need to get the best result available since they’ve earned a track record of success with wrongful termination lawsuits.
Don’t allow an unfair dismissal to go unopposed. Knowledgeable attorneys will put forth an endless effort to uphold your rights and get the justice you are due. Arrange a consultation and begin the process of settling your wrongful termination claim.