Wrongful termination can be a very challenging time for an employee, and sometimes, the majority of them do not do anything to save time and hassle. However, job loss is not something to be taken lightly but instead something to be fought for, especially when it’s wrong. When their employer terminates an employee’s employment contract in violation of one or more of the conditions of the contract of employment, or a statute provision or rule in employment law, this is referred to as wrongful dismissal in the legal world. Depending on the conditions of the employment contract and the laws and public policies of the jurisdiction, the rules governing wrongful dismissal may differ.
If you are fired, and perhaps you feel that it wasn’t your fault, you must determine whether or not the firing was an illegal termination before moving forward. It’s always good to know your rights and discern whether you are being violated or taken advantage of.
However, not all unfair terminations are illegal terminations that entitle you to compensation in a civil court of law. If your employment is terminated for unlawful reasons, you may be able to sue the company in court successfully. However, success is not guaranteed as the company you are against probably also hired an excellent wrongful termination lawyer.
For victims who believe you have been wrongly terminated and who think they’re powerless in the face of the actions of their employers, they have legal options available to them. You can always find a trusty wrongful termination lawyer that can help you with your case.
When Do You Need a Wrongful Termination Lawyer?
Although some people may be aware of how the law works in job spaces like a company, etc., several people are oblivious and vulnerable to these situations. Here are typical examples of what’s considered wrongful termination.
Breach of contract
Perhaps, you might have heard about this in typical films through some friends and conversations. When a firm breaks a written contract or operates inconsistently and against their given employee handbook, this is referred to as a breach of contract. For a more detailed look, an example of this would be if an employer terminates an employee after giving them a verbal warning. So if the employee handbook indicates that the next step after a verbal warning is the issuance of a written notice, the employer misses a step of the whole process. This might be intentional and, thus, the need for filing a case.
All employees must be treated equally and should be free to carry out their responsibilities without being subjected to discrimination or harassment. Discrimination is defined as the targeted firing of employees based on their age, color, gender, religion, handicap, or sexual preference. The grounds on which an act is considered discriminatory encompass both verbal and written discrimination. Prejudice can take the shape of communication from an employer, such as an email that contains insulting remarks about the employee’s age or gender, for example.
An employee rights lawyer can conduct a full investigation and in-depth examination of the facts. They can also assist you in filing the claim with the Equal Employment Opportunity Commission. Again, that filing is only the first of many steps in what will be a lengthy and complicated lawsuit process. You would be doing more things after filing, but surely, it would be worth it. It would be best if you didn’t take yourself for granted. Once you have decided to seek legal representation, it is crucial that you do so as soon as possible and that you engage with an attorney that specializes in discrimination claims. This way, you address the problem as quickly as possible and avoid unnecessary regulations involving time.
Discriminatory remarks about gender, ethnicity, religion, age, handicap, or sexual orientation are examples of workplace harassment. Harassment is often defined as creating a hostile work environment. It’s not worth staying with a company that perpetuates this behavior. Unwelcome advances, as well as punishment for declining advances, are also examples of forms of harassment inside work parameters. One example of harassment is when employees create an uncomfortable working atmosphere through their words or behaviors, regardless of whether the acts or words are discriminatory. Specifically, there is a law that protects against sexual harassment. Harassment is wrong, but it is also unlawful and prohibited everywhere. So, whether you would like to think that it isn’t a big deal, it probably is, and you need to fight for justice.
A successful lawsuit may result in compensation for back pay from the termination date until the settlement or verdict or reinstatement to your position. This includes all the salary and benefits. This also contains front pay instead of reinstatement and the possibility of receiving further compensatory damages.
When an employee is fired due to reporting illegal behavior or discrimination, collaborating with investigations, or exercising legal rights, this is referred to as retaliation. Retaliation can take the form of any adverse job action, such as a demotion, termination, salary reduction, discipline, or job or shift reassignment, among other things. However, retaliation can also take on a more subtle form. As an example of retaliation, consider the case of an employee fired after cooperating with investigators who are looking into the possibility of unethical activity within the organization.
It is not acceptable for an employer to request or expect an employee to engage or commit crimes. Engaging in discriminatory behavior falls under this category. An example of this would be an employer urging an employee to participate in unethical accounting procedures, such as manipulating ledgers, without explaining.
When you are dealing with a case like this, documentation is essential. Documentation will ensure that you can conduct an objective analysis of the events. In any case, you need to gather evidence. Record any conversations, written exchanges, or other pieces of evidence that you believe would support your allegation. On the other hand, be private about the matter as much as possible. Whether or if you are still working, you should avoid discussing your circumstances at work or with coworkers at all costs. It’s critical to educate yourself as much as possible about wrongful terminations and the circumstances surrounding your situation before filing a claim. Lastly, consultation with a good wrongful termination lawyer may also be beneficial in some cases. Look for someone that will provide you with a free consultation to determine whether your circumstance meets the legal definition of wrongful termination or not. The wrongful termination lawyer will explain your legal options if the case meets the definition.