Wrongful Termination Lawyer:- Despite the fact that many people who lose their jobs believe it was "wrongful," particularly if it happened without cause, the legal definition of wrongful termination is very narrow. Being dismissed for an unlawful reason, such as breaking federal anti-discrimination legislation or a contract, is referred to as being unlawfully terminated.
An employee, for instance, cannot be let go because of her race, gender, ethnicity, religion, or disability. Additionally, it is unlawful to discharge a worker for making a legal claim against the employer or for coming forward as a whistleblower to expose misconduct by the employer. Such unfavourable actions are “retaliation” and are forbidden.
What is Wrongful Termination? (Wrongful Termination Lawyer)
The decision to hire and fire employees is frequently left up to the employer. However, it may be considered wrongful termination if an employer fires an employee under specific prohibited conditions. The discharge must have violated both a written employment contract and state or federal law for it to be considered unlawful.
Although hiring and dismissing employees is generally done with broad latitude by companies, there are several instances where firing an employee may constitute wrongful termination.
A dismissal must be both a breach of an employment agreement and a violation of federal and/or state laws in order to qualify as wrongful termination. For instance, it would be illegal to fire someone due to their religious convictions under federal civil rights law.
Discriminatory Firings
Terminating an employee on the basis of discrimination is one of the most well-known examples of wrongful termination. Employees are protected by federal law from being dismissed or punished for specific forms of discrimination. It is obvious that wrongful termination occurs when an employee is fired due to their race, colour, national origin, sex, religion, handicap, pregnancy, or age. Employment discrimination based on sexual orientation and/or gender identity is also illegal in several states and regions.
Employees who have been terminated or penalised for a discriminatory basis may submit a claim of discrimination with the U.S. Department of Labour Equal Employment Opportunity Commission or a state or local anti-discrimination body.
Retaliation
Employees who participate in certain protected activities cannot be fired or otherwise penalised by their employers. A worker cannot be fired for certain actions, such as reporting harassment or discrimination to their employer, filing a claim with the EEOC, using their allotted time off for medical reasons, or taking part in a wage and hour investigation.
Numerous “whistleblower” statutes provide protection to employees who disclose unlawful or harmful behaviour. When exposing infractions of labour laws, environmental rules, safety laws (such as reporting harmful work settings), or other laws, whistleblower laws provide safeguards. Employees are better protected against reprisal from their company thanks to whistleblower protections.
Do I Need a Lawyer for Wrongful Termination?
Even if you were fired “for cause,” you might be able to sue your former employer for wrongful termination if you think you lost your job for an illegal reason. You might find it helpful to speak with a lawyer because initiating a wrongful termination claim can be difficult and require complex legal processes. The topic of wrongful termination and how a lawyer might assist you are covered below.
Illegal Justifications for Termination
An employer can’t legitimately fire anybody for a cause that breaches an employment contract or violates the law. Among the unlawful grounds for termination include those that violate anti-discrimination laws, constitute sexual harassment, violate labour regulations, or are used as retaliation against an employee who has complained to the employer.
Cases of Wrongful Termination
When analysing a wrongful termination case, an attorney takes into account a number of circumstances and looks for evidence to support the contention that, regardless of whether the employee was fired for cause or without cause, the termination was illegal. Typical factors include the following:
- Breach of the employment contract
Your employer had to abide by the terms of the employment contract if you were employed by it. Your employer cannot terminate you for a reason not included in the contract if your contract expressly states the grounds for termination.
The majority of workers lack formal employment contracts. Any other reason for termination, however, constitutes a breach of the employment contract in the event that your contract does restrict the grounds for termination. You can evaluate your contract with an attorney to see if it contains provisions for the claimed reason for termination.
- Employer Policy Breach
Discipline procedures can typically be found in an employer’s policies. If your employer has a disciplinary procedure that it disregarded, an attorney can assist you in figuring that out. In this case, your employer might have broken an implied contract.
- Treatment Disparity
Your attorney would want to know if other employees were fired for the same reported performance issues if you were let go for them if you had any, if you had any. In the event that this doesn’t happen, your lawyer will look for evidence that might show your employer treated you differently due to a legally protected status, such as your gender, race, disability, ethnicity, age, or sexual orientation. Your lawyer will look for proof showing that the purported justification for termination is untrue.
Your Case’s Evidence
Any employment documentation that is available will be examined by your lawyer as they assess your case. This normally comprises the information in your personnel file and any supporting documents for the reasons for your termination. Your attorney will want to look over any records pertaining to your performance during your job and right up until your termination if you were fired for bad performance. Finding out whether you were treated differently from other employees depends on your performance reports and employee assessments.
The reason for your termination may not have been legal if you were frequently given great ratings while working for your employer yet were let go for bad performance.
If there are witnesses who can provide details about your performance and termination, your lawyer will probably ask them.
Considerations for Wrongful Termination Claims
Your lawyer will look at your monetary losses when assessing your case. An employee who has been fired wrongfully may be entitled to compensation for lost wages, lost benefits, potential emotional distress damages, and potential punitive penalties. You can also be entitled to attorney’s costs if you succeed in your case against your employer.