How to Find Justice with a Wrongful Firing Attorney

Have you been terminated from your job without any reason or justification behind your termination? Don’t let the employer get away with this, but make a stance. Wrongful termination has a very negative impact on the livelihood of a person and their professional image.

However, you don’t have to go through this hard situation all by yourself. Think of hiring an experienced wrongful termination attorney who could help you get the justice you are looking for and penalize the wrongdoer. We support employees who have not been treated properly by referring them to local legal help.

Understanding Wrongful Termination

It is a horrible thing to be wrongfully fired from a job. The first step towards justice starts when you understand what exactly amounts to wrongful dismissal. When an employer fires an employee for illegal reasons or in violation of the employee’s employment contract, it is termed as wrongful termination.

Wrongful terminations usually happen when an employee is discharged for reasons such as revenge for reporting a violation of the law, discrimination due to a person’s race, gender, or age, or when a person is terminated in violation of any written agreement.

It is important to consider every unfair or unpleasant termination as not wrongful. Employment is usually at will, which means that the employer can terminate the employee for whatever reason, as long as the reason is not illegal or in violation of a contract. But in case you feel you have an illegal dismissal, you should consult a lawyer who has specialized in wrongful firing to assess the specific details of your situation.

The Importance of Seeking Legal Representation

When dealing with wrongful termination, an attorney will be there to help ensure you protect all of your rights and have the best possibility of presenting a winning outcome. An employment law attorney understands the challenge that one goes through in attempting to comprehend the maze of these laws and processes.

A wrongful firing attorney will look at your case’s specifics, letting you know your rights and any other legal options that you could have at your disposal. They will gather evidence, interview witnesses, and build a strong case on your account. A lawyer will negotiate with your former employer or their legal counsel to come to a settlement besides evidence safeguard and witness interviews on your behalf. In case they cannot secure such a settlement, they will take the matter to court. Your former employer will, undoubtedly, have a lawyer or lawyers, so you must level the playing field for your competent advocate.

Signs of Wrongful Termination

This is the first step to knowing all the signs and finding out if you lost your job wrongfully. Every case is different, but here are the most common signs that your employer may have done something wrong. All of the following are usually some signs of wrongful termination:

• Retaliation: If you were discharged after reporting illegal activities or making a complaint against your employer, that is revenge and illegal.
• Discrimination: If the basis of your termination were because of your race, gender, age, religion, or other protected classes, chances are that is discrimination and is illegal.
• Contract violation: By terminating your employment with a contract—such as firing you without just cause or before the agreed-upon time—it’s presumably wrongful termination if such terms were breached.
• Whistleblowing: If you were terminated for exposing illegal activities or unethical behavior within your company, you may have valid grounds for wrongful termination.
• Lack of due process: If they did not extend due process to you or a fair chance to speak about any issue or concern before they terminated you.

Steps to Take After Being Wrongfully Fired

There may be things you should do even if you think you were not wrongfully fired. They include:

• Document the firing: Keep a continuing journal of events leading up to your firing. Write down all the conversations, emails, and documents, and keep that documentation to help you prove your case.
• Seek a consultation with a wrongful firing attorney: An appointment with a wrongful termination attorney will help discuss the ins and outs of your termination to see what steps should be followed in determining if you have a cause. They’ll walk you through the process and make sure you know all of your choices.
• Carefully read the terms of employment: Make sure to review your employment contract and terms of employment so you can ensure your termination won’t violate any clauses or contract legalities spelled out under the contract. This can give your attorney valuable information to evaluate your case.
• File a complaint with the right agency: You may have to file a complaint with the Equal Employment Opportunity Commission (EEOC) or a like state agency in our country, based on the reason you were terminated. Your attorney can walk you through this process and ensure you follow all necessary steps.
• Adhere to your attorney’s best advice: It is the best route to follow the advice and recommendations of your attorney per the specifics of your case. Do what the attorney says.

How to Choose a Wrongful Firing Attorney

Choosing the appropriate wrongful firing attorney is of paramount importance. Here are some important considerations when choosing a lawyer:

• Experience: A lawyer conversant in employment law and with vast experience in the resolution of cases on wrongful termination will be better placed to handle your case. Look for an experienced attorney to handle your case’s complexities.
• Reputation: Research the reputation and track record of the attorney. You can read client reviews and testimonials, and consider their rate of success in similar cases. A good reputation is a positive sign of the competencies of the attorney, especially when it is based on a history of winning cases for their clients.
• Communication: Check their levels of communication with their clients. A good attorney responds to your needs, pays attention to your concerns, clarifies any myths you may have regarding the process of the case, and informs you about the progress of your case.
• Fee structure: Discuss the fee structure ahead of time at your free initial consultation. Some work on a contingency basis, meaning that they will only charge after winning your case. Others might require an upfront payment, or the lawyer may work at an hourly rate. Make sure you understand the financial implications before making a decision.
• Gut feeling: Trust your instincts and select the lawyer you feel comfortable around. Building a strong working relationship, based on trust and open communication, is necessary for a good partnership.

Gathering Evidence for Your Case

You will need evidence to present in your case of wrongful termination. Below are some vital types of evidence you can use to move your position to the next level:

• Employment records: Request copies of your paper or written contract of employment, performance appraisals or reviews, files on disciplinary actions, or any other records contained in your employment record. Such records may be used to prove a pattern of unfair treatment or a breach of contract.
• Correspondence: Keep copies of correspondence, for example, emails or any other, related to your claim. This shall comprise letters, emails, or any other way that you have been communicating with your employer or workmates about your termination or any other behavior that may be termed as discrimination or retaliation.
• Witness statements: Gather statements from colleagues or other employees who witnessed the events leading to your termination or have relevant information. Their statements can provide additional support for your claims.
• Documentation of discriminatory or retaliatory actions: Include evidence such as derogatory comments from your employer, unfair treatment, or sudden changes in your working environment. This evidence can help establish a pattern of behavior and demonstrate the motive behind your termination.
• Expert opinions: In some cases, your allegations may need expert opinions. This process entails calling for expert testimony from professionals or specialists who can provide insights into the nature of your job and the reasons behind your termination.

The Legal Process of a Wrongful Termination Lawsuit

Only if a settlement is not reached through negotiation or any other ADR method may a wrongful termination happen. Here is the process in detail of what is involved in a wrongful termination lawsuit:

• Filing the complaint: Your wrongful firing attorney will prepare and file your complaint with the court. This document will outline your case and the legal grounds for your claims. The document is then served to your former employer, who has the opportunity to respond.
• Discovery: Both parties are subject to the discovery process, which involves the exchange of information and evidence relevant to the case. This may involve interrogatories, depositions, and requests for documents.
• Pretrial motions: Either party may file pretrial motions to resolve specific issues before the trial begins. These can include motions to dismiss, motions for summary judgment, or motions to compel discovery.
• Settlement negotiations: Throughout the process, settlement negotiations may continue. Your attorney will represent your best interests and work towards a fair settlement. If an agreement is reached, the case will be resolved without going to trial.
• Trial: If a settlement cannot be reached, the case proceeds to trial. Both parties present their arguments and evidence before a judge or jury, who will determine the outcome.
• Verdict and appeal: Once the trial concludes, a verdict is reached. If either party is dissatisfied with the outcome, they may file an appeal to a higher court.

Common Outcomes and Settlements in Wrongful Firing Cases

Cases of wrongful firing may be resolved in a multitude of ways, based on the circumstances of different cases and the evidence availed. Here are some of the most common outcomes and settlements that could be reached:

• Reinstatement: The court may consider ordering the reinstatement of the employee to the same position they were in before the wrongful termination occurred.
• Monetary damages: When reinstatement is not possible, a court can award damages in monetary form to compensate the employee for lost wages, lost benefits, and emotional harm caused by the wrongful termination. The amount would be strictly dependent on the degree of injury sustained.
• Settlement agreement: Upon or after filing a lawsuit, settlement is typically one of the options. This would normally be done by a negotiated resolution, in which the employer would pay off the employee in return for dropping the action. Settlements may vary widely in amount.

Alternative Dispute Resolution Methods

In some situations, alternative dispute resolution may be pursued as a method of resolving a wrongful discharge dispute without taking it to trial. ADR may be less formal, less time-consuming, and less expensive than a traditional lawsuit. Some of the most common ADR methods are the following:

• Mediation: In mediation, a neutral person – that is, the mediator – helps the employee and the employer to try to reach a mutually acceptable agreement. The mediator does not decide on any issue but helps the parties to communicate better and to outline areas upon which agreement may be reached.
• Arbitration: Arbitration is a more formal process in which a neutral arbitrator hears the arguments and evidence that the two disputing sides present and makes a ruling. This is like a trial; only the process of the trial is swifter and less formal.

The method in your case will depend on the specific circumstances, and the willingness of the parties to use it. Your lawyer will assess whether ADR is a good suggestion and will represent you in case it is chosen.

Hire a Wrongful Firing Attorney Today!

Getting fired without due cause can be very detrimental, both on a personal and professional level. Nevertheless, one doesn’t have to fight this through in isolation. By seeking the help of a good lawyer for wrongful firing, you can use the legal system to fight for what is rightfully yours.

We have representatives available to refer you to legal help 24/7. Call (866) 345-6784 or submit this easy online form to get the assistance you deserve 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.