It can be overwhelming and disheartening to navigate the complexities of wrongful termination. If you are in such a situation and you feel that you have been terminated from your job without cause, you must realize that you need to get in touch with legal representation.
An unlawful termination attorney is well-versed in labor laws and can help you understand the framework of your case. Their resources and experience will significantly strengthen your chances if you were released based on discrimination, retaliation, or in breach of your employment contract.
Do not be overwhelmed by the legal intricacies of an unlawful termination lawsuit. Instead, learn how a skilled unlawful termination attorney can help you secure your rights and ensure you are compensated.
Defining Unlawful Termination
Wrongful termination refers to a situation whereby an employee is discharged from work in breach of the law. Although the general employment relationship in most jurisdictions is considered “at-will,” an employer has the right to dismiss employees for any reason. However, there are important exceptions to that rule.
Unlawful termination can take the form of discrimination, retaliation, and breach of contract. Discrimination-based terminations refer to a scenario where an employee is dismissed based on grounds such as race, gender, age, religion, disability, and other such attributes of a person that are protected by the law. Termination as a form of retaliation refers to a circumstance where an employee is dismissed for taking some action that is well within his or her rights, such as the reporting of harassment or discrimination.
Common Types of Unlawful Termination
Unsanctioned termination manifests in several forms. Terminations taking place because of discriminatory reasons are unfortunately common, with employees experiencing unfair dismissal due to their race, gender, age, or other factors.
For instance, a female employee might be dismissed from work because she is pregnant, hence a case of sex-based discrimination. Another example is when an older employee is terminated to accommodate younger, less-experienced employees, which is a case of age discrimination.
Retaliation-based terminations occur when an employee is fired as a form of punishment for exercising his or her rights under the law. The employee may have reported unsafe or unhealthy workplace conditions, filed a complaint against the boss, or participated in an investigation, among others. Retaliation comes in all sorts of forms, and one very popular way that an employee is penalized is through termination.
A breach of contract termination occurs when an employer breaches an employment contract, consequently forcing an employee to resign. In general, employment contracts are either written or understood and typically both parties have certain rights and obligations towards each other. If an employer terminates his employee against the contract, the employee may have sufficient reasons to pursue the case in court.
First Steps to Take If You Believe You Have Been Unlawfully Terminated
If you feel that you have been terminated in a manner that is a violation of the law, you need to act as fast as possible. The following steps may help you in this situation:
- Make Notes: You must first make notes about the details of your case and how you were terminated. Jot down the dates, times, conversations, or anything relevant to your support case. This is a very important documentation of which you shall be required to avail to your unlawful termination lawyer.
- Talk to an Unlawful Termination Lawyer: The first step involves reaching out to a disadvantaged lawyer having apt coverage in employment and unlawful termination. The lawyer must first capture case details for analysis to establish potential legal violations and further advise on the way forward.
- Preserve Evidence: Bring forth any evidence that bruises issues of your termination in an illegal manner. This may be emails, text messages, performance reviews, witness statements, or other documentation. Your lawyer will use this evidence to be the pinnacle of your case before a judge.
- File a Complaint with the Appropriate Agency: Depending on what caused your termination, you may need to file a complaint with an appropriate government agency. For example, in the case of a termination based on discrimination, a complaint would be filed with the Equal Employment Opportunity Commission (EEOC) or a similar state-based agency. Necessary steps will be coordinated between an unlawful termination attorney and the appropriate agency.
How an Unlawful Termination Lawyer Can Help Gather Evidence
Local legal firms have the experience, skills, and monetary backing to carry out full investigations and prepare evidence that you may not have access to. They will guide you in identifying the possible witnesses, taking statements from the witnesses, and gathering supporting documents that may be of help. They may also use professional investigators to dig up further evidence for the case.
Pursuing a Trial for Unlawful Termination
Suppose your case does not settle to your liking due to the agency’s investigation of your case and/or mediation process. In that case, you may be advised to litigate by your unlawful termination attorney. In simple terms, he or she would represent you during a trial.
The entire litigation process in cases of wrongful termination is a very long-drawn-out one. The attorney will file suit, conduct discovery to get more information, and wrap up the preparation for the trial. In the meantime, your attorney will protect your rights, negotiate with the other attorney, and present your arguments in court.
The Role of an Unlawful Termination Lawyer in Negotiation and Settlement
Although a trial is always an option for resolving a case of unlawful termination, most instances of unlawful termination are settled through negotiation. Your competent unlawful termination attorney will be the key to the negotiations and have one goal in mind: to maximize the settlement amount to benefit the victim. Negotiations will be between your attorney and your former employer or your employer’s attorney. Your attorney will protect your interests, explain and present all evidence favoring the case, and offer demands for just compensation.
The Potential Outcomes of an Unlawful Termination Lawsuit
The potential results of an illegal discharge claim will depend upon your particular case. If your case goes to trial, potential results include a judgment in your favor in which your former employer must compensate you for lost wages, benefits, emotional distress, and other damages.
In some cases, the court may also order reinstatement. If your case is settled via negotiation and agreement, the outcome depends upon the terms agreed to between the parties. This can include financial compensation, reinstatement, a change in company policies, or other forms of redress intended to make right the wrong you have suffered.
Find a Local Unlawful Termination Lawyer
An unlawful termination attorney can help you by outlining the confusing legal process, and your rights, and collecting evidence. Do not think that the legalities of such a case would bog you down in any way. For your rights, justice, and compensation that you deserve, the knowledge and resources of an unlawful termination lawyer will be essential.
Remember, you do not have to face this challenging situation alone—there are skilled professionals ready to fight for your rights. Empower yourself with the legal expertise and support you need today. Complete this form or call (866) 345-6784 for a referral today!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
