If you think that you ended up losing your job for any unlawful reason then you can be able to file a claim on unlawful termination against your employer even if there is a cause why you go fired. Carrying out wrongful termination also involves legal proceedings that are complicated and it can also be challenging for the victim for as well so it is in the best interest of the victim to consult with an attorney. Our contingency lawyers for wrongful termination article shows you the importance of working with a lawyer and how the lawyer can help you.
There are thousands of employees today who work at will and when it comes to an at will situation or employment, it is common for any employer to fire an employee whether there is a legal reason or there isn’t any. What employees do not know or always forget is that workers who work at will still can’t be fired just for any unlawful reason but this can only happen if the employer and the employee has a contract which states otherwise. There are employees in most states who we understand to be at will employees.
In addition to this, lots of employers have stated in their handbooks that many employees are at will workers and even though it can be very difficult to get an employer to provide a reason why he fired an employee who works at will, there are also several cases where the employer still gives a reason why he fired an at will employee. In cases where there is an explanation behind firing an at will employee, the termination of employment is one that is done for a cause.
Contingency Lawyers For Wrongful Termination
There are several reasons why employers terminate an employee’s employment unlawfully. It is wrong for an employer to fire an employee in a way that tends to violate or breaches the employment contract between the two parties and some of the unlawful reasons for firing an employee includes; firing in terms of sexual harassment, firing in terms of violating anti-discrimination laws, firing an employee as a form of retaliation for making a complaint against an employer and also firing an employee in terms of violating labor laws.
When trying to analyze a wrongful termination case, it is the duty of an attorney to consider a lot of facts and he also seeks to gather more information that would help in proving that even though the employee got fired for a cause or for no cause, the termination of employment was just unlawful and wrong. Some considerations in this case includes;
Employment Contract
If you have an employment contract that contract provisions have already been compiled by your employer where reasons have already been listed that could lead to you getting fired then your employer cannot be able to fire you for a reason that wasn’t included in the list in the first place. Any other reason not included in the list for terminating your employment is seen as a breach of contract.
Employer Policy
There are cases where the policies of the employer would contain discipline procedures. An attorney can help you figure out if an employee has listed a discipline procedure which he didn’t list in his policy. In this case too, the employer has gone ahead to breach the contract you two have if he fires you for something that isn’t in his employers policy.
Differential Treatment
If performance problems was the reason why your employment got terminated then your attorney would be eager and interested to find out if there were other employees or if other employees have been fired for the same reason. If no one has been fired or got fired for the same reason then your attorney will get to seek more evidence that would point the case in the direction of you getting treated differently in an unlawful manner. The reason for the differential treatment could be as a result of disability, gender, race, sexual orientation, age.
Retaliation
If you made a complaint in your place of work or at some point you blew the whistle on someone or something that was illegal regarding work and you got fired for it then your attorney would provide you with advice regarding filing for a potential retaliation claim. If the activity you blew the whistle on isn’t illegal then the employer can claim that he fired you in good faith.
In conclusion, if you think that you got fired unlawfully then the first step that you need to take is consult with an attorney. It could result into a very challenging legal process but be rst assured that your attorney would provide you with the best expert advice.
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