Wrongful Termination in Tuscaloosa, AL
Losing your job comes as a blow to anyone. It can make us feel a little less than. But losing your job due to wrongful termination should never be tolerated. If you have been the victim of wrongful termination, your best course of action may be to fight back. And the best way to fight back is to enlist the expertise of an experienced attorney in Tuscaloosa.
What Is Wrongful Termination?
Any employer has discretion over the hiring and firing of employees. Still, there are certain circumstances where a worker can file for wrongful termination. Termination becomes wrongful when it violates Alabama law, federal law, or an employment agreement. Being fired from a job is never easy. A dedicated wrongful termination lawyer understands your rights as an employee and will fight to protect them.
Unfortunately, the Alabama Department of Labor states that there is no state body in Alabama for Tuscaloosa residents to go to in terms of wrongful termination. As such, Tuscaloosa employees are dependent upon federal legislation that prevents discriminatory firings. No employee can lose their job due to categories such as age, race, sex, or religion.
Types Of Wrongful Termination
In Tuscaloosa, there are many different instances where wrongful termination can take place. In some cases, an employer is ignorant of labor laws and may not even realize they have erred. This is why big corporations rely on human resources experts. You should always turn to an attorney if you suspect you have been wrongfully terminated. In the following paragraphs are some of the red flags that you should watch out for.
Limitations of At-Will Employment
Because one of the most common forms of employment is at-will, there are limitations to this. At-will employment doesn’t allow an employer to fire a person for any discriminatory reason. State, federal, or local Tuscaloosa laws prohibit these reasons.
Residents of Tuscaloosa are subject to “at-will” employment. Simply stated, an employer can terminate your job at any time, for any reason, so long as that reason is non-discriminatory, and does not violate a contract or collective bargaining agreement.
However, the National Right to Work Legal Defense Foundation lists Alabama as a right to work state. This means that those living and working in Tuscaloosa may not have a collective bargaining agreement to operate from.
An employer also can’t fire an employee as a form of retaliation for reporting any illegal activities within the company. Were you fired for any of these reasons? If so, you may be able to file a wrongful termination lawsuit against your employer.
Discrimination
Discrimination is one of the most common forms of wrongful termination. When an employee is fired because of their race, religion, sex, national origin, ethnicity, pregnancy, age, or disability, it violates established laws meant to protect specific personal characteristics. There are also some states that prohibit employers from discriminating based on the gender identity or the sexual orientation of their employees.
If you believe that you have been penalized or fired in Tuscaloosa for one of these discriminatory reasons listed above, you may be able to file a claim with the United States Equal Employment Opportunity Commission. An experienced Tuscaloosa, AL attorney can walk you through the process to help ensure the best possible outcome.
Retaliation
Your employer can’t fire you for certain protected activities. For example, your employer can’t fire you for taking medical leave, or for participating in an investigation of job violations and wage violations. Additionally, filing a complaint with the EEOC, or informing your employer about discrimination or harassment, are not fireable offenses.
According to the Alabama Whistleblower Protection Act, private or government employees are protected from retaliation by an employer when they report illegal activities or malfeasance. Any Tuscaloosa employee who files a claim in good faith by reporting illegal or unsafe activities through the proper channels, is never to be harassed, threatened, or terminated by an employer.
There are some states that also prevent employee termination for taking time off to vote, perform jury duties, or serve in the military. You also have some protection if your employer has fired you for reporting a violation of safety laws or environmental regulations.
What To Do If You’ve Been Wrongfully Terminated In Tuscaloosa, Alabama
Have you been wrongfully terminated? You may be entitled to compensatory damages, reinstatement, back pay, and other forms of relief. However, the exact definition of wrongful termination will depend on where you live. To find out, contact a dedicated and qualified wrongful termination lawyer. Discuss your circumstances and the laws that your employer has to follow in your area.
Remember that there are usually time constraints on how long you can wait to file your claim, so don’t delay. This could cause evidence to slip through your fingers or you may miss the deadline altogether. You want a favorable outcome and so will your lawyer, so try to approach your case as proactively as possible, even before you are certain you have one.
According to the Federal Equal Employment Opportunity Commission, Tuscaloosa residents have 180 days to file their claim. However, a claim of age discrimination does not require an EEOC filing. For age discrimination you will file directly with the court.
Step One: Gather Evidence
It’s important to start gathering all the evidence you can, no matter how small. Ideally, you had reason to suspect that your employer might terminate you wrongfully and started the process some time before. If you need to return to the office to clear out your desk or still have access to the work email, use the opportunity wisely. However, be mindful of any employment agreements or confidentiality issues.
Step Two: Find an Attorney
Hiring an experienced Tuscaloosa, AL wrongful termination lawyer will help you take the first steps so that you make a strong case to get the outcome you seek. Tuscaloosa employment laws are intricate and are constantly changing. Therefore, you should always work with an attorney who focuses on this specific area.
Step Three: File a Complaint
If you have not yet had your case reviewed by an attorney, the EEOC built a self-evaluation tool to help you decide if filing a claim with them is an appropriate way to handle your case. An attorney simplifies this part of the process by helping you to write the complaint. You serve your employer notice. Then, the resolution process starts there. Note that not all cases make it to a courtroom as some employers prefer to settle.
According to Workplace Fairness, there are no specific offices in Tuscaloosa to file a discrimination claim. Employees in Tuscaloosa that are experiencing discrimination should file a complaint with their EEOC branch. The claim must contain your name, the offender’s name, the date the event took place, and why you believe you were the victim of discrimination.
Why You Should Hire A Wrongful Termination Lawyer in Tuscaloosa, Alabama
Filing a wrongful termination lawsuit in Alabama can be overwhelming, especially if you’ve been treated unfairly by your employer. Speaking to an experienced lawyer can help you to understand what legal rights you have as a victim and if your case is applicable for wrongful termination. For some people, the opportunity to finally be heard also helps to ease the burden they’ve been carrying.
We understand that finding the right attorney can be hard. This is why we created our service to connect clients in need with experienced attorneys. To match with the right lawyer, you simply provide your location, category, and some other additional information. We then send you your options as soon as they are available.
Our company charges no fees to connect you with the legal services you need. Some Tuscaloosa attorneys or practice areas may require legal fees upfront, but there are many that do not. Some professionals may not charge a single penny at all until they win your case.
Are you ready to find a qualified Tuscaloosa attorney who can help you fight for your job or get justice for the wrongful termination you suffered?
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
