Losing your job is already stressful. But what happens when that dismissal feels unfair or illegal to you. The frustration is bound to multiply. If you suspect you have been let go for reasons that violate the law (discrimination, retaliation, or breach of contract) you may have a strong case for wrongful termination.
A wrongful termination lawyer can help you fight back and get the justice you deserve. They can also educate you on your rights and get you compensation if needed. Let us break down exactly how a legal expert can support you and help you reclaim what’s rightfully yours.
What Exactly Is Wrongful Termination?
Contrary to popular belief, every “unfair” dismissal cannot be classified as “illegal.” Employers often fire their workers for unjust reasons. However, they are seldom taken to court. This is because those reasons don’t necessarily break the law.
Yet, wrongful termination does occur, and it is often when an employer violates workplace rights or employment laws. Let’s go through a couple of situations to illustrate when firing an employee would actually be illegal;
- Discrimination: If you believe your employer has fired you on the basis of race, gender, age, disability, sexual orientation, religion, or national origin, this is a violation of anti-discrimination laws. For instance, if your employer fires you due to a disability you may be eligible for wrongful termination due to disability settlements.
- Retaliation: Employers have no right to fire you for reporting an illegal activity (often known as whistleblowing). Illegal activities that take place within the premise of the building or through and in relation to the business, when reported, cannot be used as reasons to fire an employee. These activities include but are not limited to workplace safety violations, harassment, discrimination, or financial fraud.
- Breach of contract: If you are in possession of a written or implied contract which states your job security or specific conditions for your termination, you can take that to the court if the conditions stated in the document are violated.
- Violating Labor Laws: Being fired for taking a legally protected leave, including maternity leaves, family medical leaves, or military leave, could form grounds for a wrongful termination lawsuit.
Do any of these scenarios sound familiar? If yes, you might have a case against your employer. A lawyer would be able to best assess your situation and determine if your rights have been violated.
How Can a Lawyer Help You Build a Strong Case?
Having an experienced lawyer by your side can make a world of difference when you go to prove your claim. Legal professionals are well versed in wrongful termination cases and can help you gather all the evidence you require.
1. Collection of Evidence
Let’s start with the very first step in the process; the collection of evidence. If you are hoping to prove wrongful termination you are going to need solid documentation. A reliable lawyer can help you collect and organize the following;
- Employment Contracts and Policies: For a lawyer to be able to determine whether your termination has violated your contract, they need access to your company policies, workplace agreements, or your employment contract. This is something a lawyer can help you collect and organize.
- Workplace Communications: Emails, performance reviews, or any internal messages can also be used to indicate discrimination, retaliation, or unfair treatment. A lawyer can help you figure out the best way to procure and present this.
- Performance Records: If you were performing well and were suddenly dismissed, this might suggest that your firing was not related to your performance at work.
- Witness Testimonies: If you have colleagues on your side, you can essentially gather witness statements which can serve as a verification of your employer’s misconduct.
- Pay Stubs and Benefits Information: Evidence of any lost wages or benefits would also be required for your lawyer to calculate the compensation you deserve.
By working with a lawyer who specializes in wrongful termination cases, you can ensure that no valuable piece of evidence is overlooked.
2. Breaking Down the Legal Process
One of the major advantages of having an expert wrongful termination lawyer by your side is their legal expertise. They recognize and understand various laws, deadlines and procedures and can help you make sense of employment laws that apply to your case.
Moreover, these lawyers can keep you in line with certain deadlines for filing claims, represent you in negotiations, mediations, and court hearings, advise you on whether you should accept certain settlements, and guide you if you want to push for further legal action.
No one deserves to feel alone when attempting to file a wrongful termination claim. Dealing with legal issues can be stressful and a lawyer by your side can cut that stress in half.
3. To Negotiate or Not to Negotiate?
One of the most important decisions in a wrongful termination case would have to be whether you want to settle or go to trial. A lawyer will be by your side, helping you weigh all your options, and guiding you towards the best outcome.
You can choose to negotiate with your employer for a fair payout which includes receiving your lost wages, getting emotional distress damages, or additional compensation. Your lawyer could also help you secure a positive reference that prevents your employer from giving negative job references.
4. The Final Straw: Filing a Lawsuit
If the settlement doesn’t sit well with you, your lawyer might end up advising you to file a lawsuit. This way, you end up getting a higher compensation payout if your case is strong. You could also hold the employer accountable so that they avoid similar misconduct in the future. In certain cases, a lawyer can also help you reinstate your job.
What Does Compensation Include?
A successful wrongful termination claim can lead to various types of compensation including;
- Back Pay: These are the wages you could have earned if you hadn’t been fired.
- Front Pay: These are future earnings you’d be given in case reinstatement isn’t possible.
- Lost Benefits: These include health insurance, retirement contributions, or stock options missed.
- Emotional Distress Damages: This would account for stress, anxiety, or reputational damage.
- Punitive Damages: These are additional penalties against the employer for severe misconduct.
Your lawyer can help you understand what you can fight for and the best possible outcome.
Want to Take Action Today?
Do you think you have been wrongfully terminated? Do not stay silent! The law is on your side, but you also need the right legal representative if you want to fight back effectively. A wrongful termination lawyer can help you take the first step towards justice and compensation.