fbpx

Wrongful Termination

Wrongful termination refers to the illegal dismissal of an employee from their job. In general, an employee can be considered to have been wrongfully terminated if their dismissal was based on discrimination, retaliation, breach of contract, violation of public policy, or other illegal reasons.

Some examples of wrongful termination include:

  • Terminating an employee for reporting illegal or unethical conduct by the employer or another employee.
  • Terminating an employee because of their race, gender, religion, age, sexual orientation, or other protected characteristic.
  • Terminating an employee in retaliation for taking leave under the Family and Medical Leave Act (FMLA) or similar laws.
  • Terminating an employee because they refused to engage in illegal or unethical conduct.
  • Terminating an employee in violation of an employment contract or company policy.

It’s worth noting that in most cases, employment is considered “at-will” meaning that an employer or an employee can terminate the employment relationship at any time, with or without cause or notice. However, in some cases, the employer’s conduct may be illegal or in violation of the contract.

What to Do If You Believe You Have Been Wrongfully Terminated

If you believe you have been wrongfully terminated, you should first review your employment contract and company handbook to see if they provide any guidance on the process for appealing a termination. You should also gather any documentation or evidence that supports your claim that the termination was unjust. Then, you can consider speaking with a human resources representative or a supervisor to try to resolve the issue internally. If this does not work, you may want to consult with an attorney who specializes in employment law. Depending on the circumstances, you may have a legal claim for wrongful termination and may be able to take legal action against your employer.

 

Can I Handle a Wrongful Termination Case Without an Attorney?

It is possible to handle a wrongful termination case without an attorney, but it is generally not recommended. Employment law can be complex, and it can be challenging to navigate the legal process and present a strong case without the help of an experienced attorney.

An attorney can provide you with valuable guidance and advice on how to proceed with your case, and can help you understand your rights and the legal options available to you. They can also help you gather and present evidence, file the necessary paperwork, and represent you in court or during mediation or arbitration.

Additionally, an attorney can help you determine the strength of your case, the likelihood of winning, and the potential damages that you may be able to recover. They can also advise you on the best course of action, including whether to pursue a legal claim, settle out of court, or take other action.

Keep in mind that if you decide to pursue a wrongful termination case, the statute of limitations for filing a claim may be short, and it’s important to act quickly. Therefore, it’s advisable to consult with an attorney as soon as possible after the termination.

en_USEnglish
Call Jonny Law