How A Wrongful Termination Lawyer Protects Your Employment Rights
by Abdul Aziz Mondal Legal Published on: 24 November 2023 Last Updated on: 25 September 2024
Losing your job can be devastating, especially when the approach is wrong. If you believe your termination was wrongful, a wrongful termination lawyer can help. An employment rights attorney protects employees from unlawful firing.
What Is Wrongful Termination?
Wrongful termination means getting fired illegally. There are laws to prevent unfair dismissal in America. Meanwhile, breaking these laws can cause a wrongful termination.
Some common illegal reasons for firing include:
- Discrimination – Getting fired for your race, gender, religion, etc.
- Retaliation – Losing your job for reporting illegal activity.
- Breach of contract – When the firing violates an employment contract.
- Whistleblowing – Getting terminated for disclosing violations to authorities.
Wrongful termination infringes upon your legal rights as an employee. An employment rights attorney can assess the legality of your termination and identify the relevant laws.
The following chart from the EEOC shows the number of wrongful termination claims filed from 1997-2021 based on discrimination against protected classes:
How A Lawyer Can Protect You From Wrongful Termination
A wrongful termination lawyer is your shield against unlawful firing. They have several ways to defend your rights, including:
Reviewing the facts:
A lawyer will examine why you got fired. They’ll look for discriminatory motives or other illegal reasons.
Interpreting the law:
Secondly, attorneys have to understand complex employment laws. They’ll determine if your termination violated any statutes.
Gathering evidence:
Lawyers will collect documents, emails, recordings, etc. Evidence can prove wrongful intent behind your firing.
Sending demand letters:
To avoid a lawsuit, attorneys send letters demanding compensation for illegal termination.
Filing A Claim:
If necessary, a lawyer can file a wrongful termination claim with the EEOC or labor board.
Taking Legal Action:
When necessary, they can file a wrongful termination lawsuit on your behalf.
A qualified wrongful termination lawyer offers valuable support in navigating employment challenges. Employers may choose to reconsider terminations or settle cases outside of court when legal counsel is involved. The attorney’s role signifies a serious approach.
For instance, in Los Angeles, a wrongful termination lawyer specializes in employment law, assisting individuals facing illegal dismissal. They offer guidance on rights, termination assessment, and the pursuit of justice. A Los Angeles wrongful termination lawyer can help local clients understand their options and legal protections when faced with potentially unlawful termination.
Do You Need A Wrongful Termination Lawyer? Signs Your Firing Was Illegal
How can you tell if your termination was unlawful? Here are five signs to look for:
- Discrimination – Were you treated worse than coworkers of a different race, gender, age, or religion? This is a red flag for discrimination.
- Retaliation – Have you recently reported wrongdoing or taken protected leave? Retaliatory motives are illegal.
- Breach of contract – Was your firing against an employment contract or union agreement? If so, it may be wrongful.
- Public policy violations – Did your termination result from refusing to break the law or professional ethics? This can make it wrongful.
- Whistleblowing – Were you fired after disclosing illegal activities to authorities? This is protected in many states.
If any of these apply, a wrongful termination lawyer can evaluate your case. They will determine if suing your employer is justified.
Wrongful Termination Claims – Your Legal Options
A wrongful termination attorney has several legal avenues to pursue compensation for your firing. Possible claims include:
- Discrimination:
Suing under Title VII or state laws prohibiting discrimination, such as race, sex, age, or disability discrimination.
- Retaliation:
A retaliation claim alleges you were fired for exercising protected rights, like filing a complaint or taking sick leave.
- Breach of contract:
This sues the employer for violating an employment contract through your firing.
- Whistleblower:
A whistleblower claim alleges you were fired for reporting illegal acts.
- Wrongful termination in violation of public policy:
This is when your firing goes against an important public interest, like refusing to break the law.
An experienced lawyer can determine which claims to pursue in court or through arbitration. The choice of approach depends on the laws in your state and the circumstances of your termination.
How Much Money Can You Get For Wrongful Termination?
There are a few forms of compensation available in wrongful termination cases. These include:
- Lost wages – This covers the salary and benefits you lost due to being fired. It’s usually the key damages sought.
- Front pay – If reinstatement isn’t feasible, front pay provides earnings expected from your old job into the future.
- Emotional damages – Money can compensate for stress, anxiety, and harm to your career prospects.
- Punitive damages – These penalize and deter egregious violations of the law, like malicious firings.
- Attorney’s fees – If you win, the employer often must pay your legal fees.
Most cases are resolved outside of court. The settlement amount depends on the evidence, financial losses, and relevant laws. With an attorney’s assistance, settlements often exceed six figures.
Why Hire A Wrongful Termination Lawyer Near You?
Pursuing a wrongful termination claim has risks without an experienced lawyer. Moreover, missed deadlines, legal mistakes, and lack of leverage can tank your case.
A local employment attorney provides key benefits:
- They know the laws and processes in your state for claims.
- Attorneys have strategic negotiation skills to reach favorable settlements.
- Lawyers can file claims correctly and handle legal proceedings.
- Their involvement shows you have power behind your demand for compensation.
- You avoid stress handling complex laws and negotiations yourself.
Don’t navigate wrongful termination on your own. A knowledgeable local attorney can safeguard your rights.
Finding The Best Wrongful Termination Lawyer
Not all attorneys are equal. To find the best one for your case, look for:
- Employment law expertise – Seek someone well-versed in wrongful termination and employment rights laws.
- Local experience – Hire a lawyer licensed as well as familiar with the courts in your state.
- Resources to handle your case – Ensure they can conduct depositions, hire experts, go to trial, etc.
- A proven track record – Look for lawyers with a history of prevailing in these cases.
- Compatible communication style – Pick an attorney you trust and can speak openly with.
- Reasonable fee options – Find lawyers who offer fixed fees or contingency options.
- Willingness to go to trial – Make sure they won’t pressure you to accept an unsatisfactory settlement.
Do your research before choosing. Read reviews and ask the right questions during a consultation. A quality local lawyer is the best ally for your wrongful termination fight.
FAQs
Can I sue for wrongful termination without a lawyer?
It is possible to file a claim pro se (without a lawyer), but not recommended. Employment laws are complex, so having an experienced attorney greatly improves success chances. They know how to build the strongest case, negotiate the highest settlements, and win jury verdicts if necessary.
What clues point to wrongful termination?
Signs may include firing based on protected class status, close timing to exercising workplace rights, damage to reputation, refusal to follow an illegal order, or violations of policy. Witnessing accounts, documentation, texts, as well as emails can help prove unlawful motives.
What damages should I seek in a wrongful discharge case?
Document all direct financial losses like lost wages. Seek additional compensation for emotional distress, pain, and suffering. Punitive damages punish and deter egregious actions. Further, discuss a full damages demand with your lawyer.
Is it possible to regain my job after wrongful termination?
Reinstatement is possible but uncommon. It typically depends on the presence of an employment contract, a labor agreement mandating justifiable cause for termination, or compelling evidence of discrimination. More frequently, the resolution involves financial compensation.
Take Legal Action If You Face Wrongful Termination
Losing your job unfairly is painful. But the law gives you power against unlawful termination. With a proactive wrongful termination lawyer, you can hold employers accountable.
Carefully select a knowledgeable local attorney you trust. Protect your rights and career by pursuing justified compensation for your firing. Begin your legal battle today by arranging a consultation with an employment rights lawyer. They can assess your case at no charge. Thus, with an attorney’s guidance, you can challenge wrongful termination.
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