Find the Right Wrongful Termination Attorneys

Being terminated from a job can be frustrating and challenging. On top of this, there is always the possibility that the termination was wrongful. Wrongful termination is prohibited by state and federal laws. An employee who is able to prove wrongful termination may be able to regain their job title or obtain compensation such as back pay.

To determine if you have a claim for wrongful termination, it helps to know some of the basics for when employers are allowed to fire their employers. The first thing you should do is to figure out whether your employment is considered to be "at-will". At-will employment means that the employer may fire their employee at any time, for any lawful reason, without notice.

If your work arrangement is based on an at-will arrangement, you would need to prove that your employer fired you for an illegal reason. An example of an illegal motive would be a termination that is based on discrimination, such as when an employee is fired because of their age or sex. Wrongful termination may also exist if the employer fired an employee for refusing to comply with a request that is illegal in nature (like lying on a tax report).

LegalMatch Law Library Managing Editor, , Attorney at Law

Finding the Right Wrongful Termination Attorney

Another example of wrongful termination is when the employer fires an employee who reported a company violation to an outside authority. This is known as "retaliatory discharge", and is prohibited by employment laws. Also, employers cannot fire workers simply in order to avoid paying them workman's compensation or disability benefits. Read more

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If you were hired through the use of an employment contract, then it is likely that your employment is not considered to be at-will. Instead, the termination procedures will usually be listed in the contract between you and your employer. If your employer violates the termination guidelines in your contract, you might be able to file a wrongful termination lawsuit. They can also be held liable if they violate their own firing policies that are contained in a company handbook.

Wrongful termination claims are typically heard by a government agency like the EEOC. Once the claim has been filed, the agency will investigate to determine if any remedies should be instituted. For a wrongful termination claim, proper remedies include returning the employee to the position and paying them any back wages they may have lost.

If the agency is unable to provide a suitable remedy, the victim can file a civil lawsuit against the employer. Since wrongful termination claims can be quite detailed, it is useful to consult an employment lawyer regarding your claim. You may need to submit various forms and documents, which your attorney can help you organize. Also, your lawyer can help you obtain a damages award in court if necessary.


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