Understanding What a Wrongful Termination Lawyer Can Do For You

Wrongful termination is the legal term describing a situation where an employer terminates the working contract of the employee by breaching of at least one or more terms of the employment contract. Lucky enough, there is a law in place to protect against a wrongful discharge.

A wrongful termination lawyer helps you to understand the rights of an employee, provisioned under the employment law. Upon cessation of employment, get an attorney to go through your contract and assess if there has been any violations. The experienced lawyer will then conduct a thorough scrutiny of the reasons of your dismissal from employment and advise you accordingly.

Below are the some of the scenarios that require an attorney after cessation of employment.

Covenant of Good Faith: Termination of employment when there is a covenant of good faith between you and your employer brings forth cause for a wrongful termination case. The covenant of good faith exists so that an employee undertaking the duties of his/her job properly, expects to receive the agreed upon benefits of the agreement without the employer unfairly taking them away.

Discrimination: This is a typical scenario for wrongful discharge lawsuits. If your termination was because of your sex, race, religion, age, or disability, you can file a lawsuit.

Insufficient Cause / Retaliation: There are instances where the dismissal of an employee is out of exercising their employee rights. When an employer terminates the contract of an employee in retaliation for reasonable exercising on an employee’s rights, it is a case of wrongful termination. Different states have different laws, but some laws are universal such as whistleblowing, legitimately taking leave under the Family and Medical Leave Act, exercising union rights, serving in the military, and a host of other violations.

Constructive Dismissal / Hostile Work Environment: There are cases where the employer has committed conduct referred to as “repudiatory breach” that has forced an employee to resign, or the working conditions are so bad that an employee could no longer feel comfortable working there and resigns. In either situation, an employee has resigned due to hostile work environment and can seek a wrongful termination attorney.

Proving a Wrongful Termination Case: As with any lawsuit, you must be able to prove your termination was illegal. Secure an explanation from your employer preferably in writing. You will also need to acquire a copy of all the documents in your personal file at work. Your attorney can help get the copies because the law does not require your employer to give you the copies. With these, you can build a strong case.

Compensation: The compensation for wrongful termination of employment includes reinstatement, back pay, front pay, compensatory damages, punitive damages, injunctive relief, and others. An experienced wrongful termination lawyer can help to sort out the issues between employer and employee and obtain justice for employees who have been wrongfully discharged. Generally, employment lawyers will represent you on a contingency basis, meaning that unless they recover you money, they will not be paid.

Get in touch with an employment lawyer to get a clearer understanding of labor laws and the process of filing a wrongful termination case in court against an employer.