Do You Need a Wrongful Termination Lawyer?

Are you looking for a wrongful terminal lawyer? Many people end up losing their jobs for unlawful reasons. It can be very stressful, especially when you have a family to take care of. 

Many employees believe that wrongful termination is the same as being fired unfairly, prompting individuals to look for a good wrongful termination lawyer. However, the number of actual wrongful terminations may be higher, as a lot of cases settle out of the courtroom. 

How do you know whether you need a wrongful termination lawyer yourself, though? If you have been fired and think that there was no lawful reason for the employment termination, check out this post to learn when you may need a lawyer. 

What Is an “At-Will” Employment

“At-Will” employment refers to the fact that employers are allowed to fire their workers for no reason. But they cannot fire their employees for unlawful reasons, at least not unless the contract of the employee states otherwise. 

Employers are not obligated to offer a reason for firing an at-will worker, but in some cases, they decide to give a reason. This is when the termination becomes a “for cause” one. 

Know the Unlawful Reasons for Termination

To find out if you need a wrongful termination lawyer, you must first know more about the unlawful termination reasons. After all, you cannot sue your employer for firing you for lawful and good reasons. So, what is classified as an unlawful reason?

Well, no employer is legally allowed to fire anyone for reasons that violate the law or breach the employment contract. That being said, you cannot be hired as a sexual harassment form or fired in violation of the anti-discrimination law. Also, you cannot be fired in retaliation for a complaint made against the employer or in violation of labour laws. 

Employer Defaming an Employee

Did your employer defame you? You can file a lawsuit claiming defamation in this case. Since defamation can ruin your reputation and create doubts about your ability to work, as well as your integrity, it is a very serious issue. A lot of employees who become victims of defamation deal with consequences in the long term. 

Proving defamation involves demonstrating that the employer made false statements about the employee knowing they were not true. 

Employer Retaliating Against Employee

As mentioned, employers are not allowed to retaliate against employees who have been involved in specific activities that the employment law protects. For instance, if an employee files a complaint against the employer with a federal or state agency talking about discrimination, harassment, or toxicity at work, the employer cannot retaliate against the worker. 

Employer Discriminating Against Employee

Sadly, discrimination is something that still happens in many workplaces. Employees may be discriminated against for their gender, race, religion, age, color, disability, sexual orientation, national origin, or pregnancy. When someone is fired for discriminatory reasons, it qualifies as wrongful termination. 

For example, you may be a 50-year-old senior in your field – advanced in age, but not exactly the age for retirement. The employer may have terminated your contract so that they can have someone younger come in your stead. This is something they cannot legally get away with. Discrimination is illegal in a lot of states, so you can file a wrongful termination lawsuit if you were a victim. 

Violations of Public Policies

When it comes to employment laws, public policies represent a very important aspect for you to adhere to. If you get fired in a manner that contradicts the public policy, then you have a wrongful termination on your hands.

For instance, let’s say that you just got pregnant – and during your maternity leave, you got fired. Or maybe you got sick, and during the time you spent in the hospital on medical leave, you got fired. Public policies state that during these types of situations, your employer cannot fire you – and as a result, you can sue them for wrongful termination.

Promises Were Broken

Sometimes, a workplace can be rather intimidating. When employers first start working, they will likely receive multiple promises from the employer, such as timely payments or certain working conditions. However, things may not always go based on the plan, at which point you may want to contact your attorney.

A common situation is getting fired simply because you asked your employer to give your paycheck on a certain day of the month – after repeatedly being given your pay late. Or you may ask for a holiday bonus that was promised to you but was never actually given. If you are fired simply because you asked for your rights, then this is deemed wrongful termination and you can have an attorney represent you.

Why a Wrongful Termination Lawyer Is Necessary

A wrongful termination attorney can help when an employee is fired illegally. These lawyers know the laws surrounding the matter and can protect any employee when their employer terminates their contract unlawfully. 

It can be very difficult to be successful in a wrongful termination lawsuit without a lawyer, so you need one to give you advice and help you make the right steps. 

The attorney will know what information is needed so you can win the case but will also know how you can obtain that information. They will also have experience in presenting documents and witnesses to the jury and the court. 

You should think about hiring a wrongful termination lawyer immediately if you:

• Are thinking about quitting a job because the employer is treating you unfairly
• Are worried about the way you are treated in the workplace and started wondering whether the layoff or termination was legal or not
• Cannot negotiate your severance pay with the employer
• Know other employees want to make the same type of claim against the employer
• Are pressured into signing a long and complex release of claim that is hard to understand
• Have enough evidence that the termination was not lawful and fair

Final Thoughts

Collaborating with a wrongful termination lawyer can work in your favor, and it will increase your chances of success. So, if you think your employer fired you unlawfully, you should file a claim against them and search for a reputable and experienced attorney.