If you feel you’ve been fired for unjustified reasons there is a chance that you could have the right to claim this type of wrongful dismissal against the employer you left regardless of whether you were dismissed “for cause.” Since bringing a wrongful termination claim can be a challenge and require a complex legal process It could be in your best interest to speak with an attorney. We will go over the process of wrongful termination and how an attorney could assist you.
The majority of employees in the U.S. work at will. If you are in the case of an “at-will” employment scenario, the employer is able to dismiss an employee at any time regardless of legal grounds or for no reason. However, at-will employees cannot be fired for a bogus reason. Except for an agreement with their employer that states otherwise, employees in all states are considered to be employees at-will. Furthermore, many employers have stated in their employee handbooks that employees are employed at their own discretion.
While employers don’t need to give a reason for the firing of an employee who is at-will In many instances, employers will provide an explanation. In such cases, the termination will be a “for cause”.
Legal Reasons for Termination
Employers aren’t legally able to fire any employee for reasons that violates the terms of an employment contract, or is contrary to the law. Reasons for termination that are illegal include firing for violating the law against discrimination, firing as an act of harassment and firing for violating laws governing labor, or firing as a retaliation response to employees’ complaints against their employer.
Unfair Termination Cases
An attorney takes into consideration a range of factors when looking into an wrongful termination case. He is seeking evidence to show that, despite being dismissed for reasons or without cause the termination was not unlawful. Some common factors to consider include:
Employment Contract Infraction of Employment Contract
When you are employed by or under an agreement to work and your employer has to comply to the provisions of the contract. If your contract clearly contains reasons that you could be dismissed, your employer cannot terminate you for a reason that is not by the terms of the contract.
A majority of employees do not have employment contracts written in writing. However, if you have a contract which limits the grounds for termination, then any other reason to terminate is a violation of the contract. A lawyer can assist you to examine your contract and determine whether an explicit reason for termination is covered in the contract.
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Employer Policy Infraction
Most of the time the policies of an employer can include procedures for disciplining employees. A lawyer can assist you to determine whether your employer had a disciplining policy that it did not follow. In this case the employer could have violated an implied contract.
If you were fired for performance issues that were stated and your lawyer is keen to find out if any other employees were also terminated due to the same reasons. In the event that not, you lawyer will look for evidence to show that the employer discriminated against you in light of the basis of a legally protected situation like your race, gender or ethnicity, disability age, gender, and sexual preference.
Your lawyer will request evidence to prove that the claimed reasons for the termination are not true. The false motive for termination is referred to as”pretext “pretext” when the employer employs it as a excuse for the real illicit motive.
Whistleblowers and Retaliation
If you filed a workplace complaint or ” blew the whistle” regarding illegal activities within your work environment, you lawyer will assist you in determining the possibility of retaliation claims. If it is determined the incident was not unlawful The employee who reported the incident is protected for as long as the complaint was done in good sincere.
The Evidence For Your Case
When assessing your case, your lawyer will examine any documentation from your employer that’s accessible. This is typically your employee’s file and any other documentation that relates to the reason behind your dismissal. If you were fired for poor performance, your lawyer is likely to examine the documents that pertain to your performance throughout your time at work and until the time of your termination. Employee evaluations and performance reviews are crucial in determining if you received a different treatment than other employees.
If you were always being praised for your work but you were terminated for unsatisfactory performance, the employer could have covered for a bogus reason of dismissal.
Your lawyer is likely to request witnesses who have information regarding your performance or the reason for your termination. In addition both you along with your attorney will read the relevant documents, including employer policies and handbooks for employees.
The factors to consider in a Wrongful Termination Claim
In assessing your case the lawyer will look at the financial loss you have suffered. In a case of wrongful termination the damages an terminated employee could recover may include lost wages, benefits lost and possible emotional distress damages, as well as possible punitive damages. If you win against your employer, you may be eligible for attorney’s costs.
Do you require a Wrongful Termination Lawyer? Find one near you
If you think you’ve been wrongly terminated it is important to speak with an attorney. The legal process can be extremely complicated and your lawyer will offer you expert advice. If you think you’ve been denied a fair opportunity due to the protected status of your job and you’re interested in learning more about the process by speaking with an employment lawyer in your region today.