Being terminated can be a traumatic experience, regardless of the circumstances. But when your termination is illegal, it can really hurt your career and finances.
With one in five US workers facing wrongful termination, your job security may be more fragile than you thought. Understanding your rights and seeking legal assistance can safeguard you in case of wrongful termination.
Knowing Your Employment Status
Most private sector employees in the US have “at-will” jobs. This means you or your employer can end things at any time, for any reason that’s not illegal. But some written or implied contracts give extra protections beyond at-will.
Knowing whether you have protections beyond at-will employment is crucial. Look at any written agreements closely for termination procedures. Things like years at your job, reviews, and discipline policies can also imply certain protocols must be followed before firing you.
Be vigilant for red flags indicating that your termination may have violated regulations, such as abrupt dismissal without the promised prior warnings.
Rights of an Employee in the Case of an Unfair Termination in the UAE
How a Wrongful Termination Lawyer Helps
Challenging your termination the right way is essential but complicated. This is where a wrongful termination lawyer’s expertise becomes critical.
A wrongful termination attorney in Los Angeles, New York, Washington or any other major city will often have to face large corporations. Moreover, several of these companies often have large legal firms backing them up. While based on your circumstances, getting a settlement can be easy, lawyers can ensure you don’t get taken advantage of.
A lawyer will thoroughly check if your case merits wrongful termination claims. They’ll review relevant documents and details to identify any laws or agreements that may have been violated. For example, they’ll analyze contracts, handbooks, records, and communications.
If your lawyer finds valid wrongful termination grounds, they’ll pursue the best legal strategies to protect your rights. This can mean settlement talks with your past employer or filing complaints/lawsuits for you. Having an advocate familiar with employment law makes the process much smoother.
What Are A Wrongful Termination Lawyer And Why Do I Need One?
Written and Implied Promises Matter
When you’re unlawfully fired, written or implied promises offer protection by spelling out your employment terms.
Written agreements like an employment contract clearly define what reasons are required to terminate you. Your lawyer can use these to prove firing you for other reasons breaches binding terms.
Even without a formal contract, actions like positive reviews and progressive discipline policies may imply “just cause” rules must be followed before termination. Violating these unwritten but understood rules can constitute wrongful termination.
Breaches of Good Faith
All jobs include an unsaid promise of good faith from employer and staff. Going against this is wrongful firing, but finding breaches can be hard.
Look for misconduct like firing you to skip a bonus, refusing fair leave, pushing you to quit, misusing rules, or made-up poor work. Documenting such acts of bad faith can serve as evidence that your termination was unlawful.
Successful good faith violation cases have gotten back lost pay, health plan, and even retirement funds from wrongful firing.
Public Policy Violations and Discrimination
Some reasons for termination clearly break public policy or anti-discrimination laws. Your lawyer can use these to prove your employer had illegal motivations.
For example, firing someone for refusing to break the law, taking sick leave, reporting safety violations, or whistleblowing violates public policy protections. These wrongful terminations can be fought through claims filed under relevant laws.
Meanwhile, dismissal based on your age, race, gender, religion or other protected traits is illegal discrimination. Here too, specialized statutes offer ways to address wrongful termination through lawsuits. An experienced lawyer will know which laws apply in your specific situation.
Retaliation and Whistleblower Protection
Losing your job for exercising your legal rights should never happen. If your firing seems tied to actions like filing a bias complaint, asking for fair accommodation, reporting corporate fraud, or other legally protected acts, you likely have a retaliation claim.
Various state and federal laws also protect private sector whistleblowers from being fired after revealing certain employer wrongdoing. A lawyer can advise if public policy shields your disclosure. They can then represent you in getting damages from the retaliation.
Fraud, Defamation, and After Being Let Go
Some wrongful firing cases also allow claims of fraud or defamation against dishonest employers. For example, making up reasons to fire you could be fraud. Spreading damaging lies about your work after firing you may be defamation.
Skilled lawyers know when wrongful firing crosses into other offenses. Adding charges of fraud or defamation grows the potential liability faced by your past employer for the unfair firing.
Taking Action: Filing a Claim
The process of formally disputing your firing starts by contacting a lawyer right away. Timing is key, as time limits restrict delayed filings. Your lawyer will often take wrongful firing cases without upfront payment, letting you wait on fees until the case is resolved.
After reviewing your work history and firing details, your lawyer will weigh the merits of your potential claims and gather relevant evidence. They will then send a demand letter to your employer seeking a settlement. If this fails, filing an official complaint or lawsuit comes next.
Throughout this process, your lawyer manages communications, documentation, court submissions, and negotiations to construct the strongest possible case. While each case differs, most job-related legal disputes get resolved within a year. Your lawyer’s expertise makes navigating each step much less scary.
The Impact of Wrongful Termination on Your Career
Unfairly losing your job can have immediate detrimental effects. You may feel sad or angry. You may worry about money. However, it can also negatively impact your career in the long run. Having an unfair firing on your record can make employers not want to hire you. It also leaves a gap in your resume that needs explaining.
That’s why achieving a favorable outcome in your case is the optimal solution. It removes the unfair firing from your record. If you settle, your lawyer may get the details of the firing removed. Either way, your lawyer can help you rebuild your career.
Key Takeaway: The Power of Legal Advocacy
As you see, an unfair firing can harm your money, name, and job chances before you can react. But with a good wrongful termination lawyer, you can fight back. Their legal expertise provides you with protection.
Your legal representation defends your rights through advocacy, negotiation, and, if necessary, lawsuits. Call on this help if your firing broke the law. It can make the difference in overcoming an unfair firing and getting your career back.
Frequently Asked Questions
What constitutes wrongful termination, and how can I establish a case for it?
Wrongful termination means getting fired illegally or against agreements. Proving it requires evidence the firing broke a contract, public policy, anti-bias laws, whistleblower protections, or good faith duty. Written agreements, messages, job records, and timelines help prove claims.
Can I afford a wrongful termination lawyer without income?
Yes – most lawyers offer contingency fees for wrongful termination cases. You only pay if you get a settlement. Many also provide free first consultations to assess your situation before needing commitment.
What should I do right after I’m wrongfully terminated?
Initially, reach out to a qualified local employment lawyer and begin documenting the details while they are still fresh in your memory. Save any termination notices, past reviews, handbooks, or related messages. Note your job search efforts and how the termination impacts you financially and emotionally. This evidence strengthens your case.
