Do I Need to Retain an Unlawful Termination Attorney for Wrongful Termination?
If you believe that you were terminated from your job illegally, you may be able to successfully file a wrongful termination suit against your former employer. This may be true even if you were fired “for cause.” An attorney may be a good idea as wrongful termination proceedings can be complicated and involve complex legal proceedings. So what constitutes wrongful termination and how can an Unlawful Termination Attorney help?
“At-Will” Employment
Nevada employees work at their own will. In an at-will employment situation, an employer can fire an employee for any legal reason or no reason. At-will employees cannot be fired for any illegal reason. Most employees in the United States are considered at-will unless they have signed a written contract with their employer. Many employers also state that employees can work at their own discretion in their employee handbooks.
Employers don’t have to provide a reason to fire an employee at will, but they can choose to provide a reason if they want. If this is the case, the termination is “for cause”.
Unlawful Reasons for Termination
An employer cannot legally fire an employee if the reason is a violation of an employment contract or law. Unlawful reasons for termination include firing an individual for reasons that violate the anti-discrimination law, firing someone as a type of sexual harassment, firing a person in a manner that violates labor laws, and firing a person in retaliation for an employee filing a complaint against the employer.
False Termination Cases
An Unlawful Termination Attorney will consider a variety of facts in analyzing a case regarding wrongful termination. He or she will seek information that tends to show that the employee was fired without cause or for no reason. These are some common considerations:
- Employment Agreement
If you were employed under an employment contract, your employer must comply with the provisions of the contract. Your employer cannot fire you if your contract does not list the reasons for which you may be fired.
Many employees do not have written employment contracts. However, a contract that restricts the reasons for the termination will be considered a breach of your employment contract if they are not followed. A lawyer can help you review your contract to determine if the contract allows for a reason for termination.
- Employer policy
Sometimes, an employer’s policies may include discipline procedures. An attorney can help you determine whether your employer has a discipline policy that it didn’t follow. Your employer could have violated an implied contract in such a case.
- Differential Treatment
Your attorney will ask you if other employees were fired for having the same performance issues as you. If not, your attorney will search for evidence that indicates that your employer has treated you differently than other employees based on a legally protected status, such as your gender, race, disability, ethnicity, age, or sexual orientation.
Then your attorney will ask for evidence to prove that the reason for termination stated is false. An employer may use a false reason to terminate a worker as a cover for a true, illegal reason.
- Retaliation
If you made a workplace complaint or “blew the whistle” on illegal activity at work while you were employed with them, your Unlawful Termination Attorney will advise you regarding a potential retaliation claim. Even if the activity reported is not illegal, the employee reporting it is still protected so long as they made the report in good faith.
- Evidence
Your Unlawful Termination Attorney will review all employer documentation available when assessing your case. This will include your employee file, as well as any documentation that relates to your termination. These are all examples of the type of documents that will be reviewed. Your attorney will review all documents relating to your performance throughout your employment, and up to the termination. You should review your performance and evaluate other employees to determine if you were treated differently.
It is possible that your employer could have covered for a reason for termination if you were consistently rated highly in your job but were terminated for poor performance.
Your attorney will ask you if there are witnesses who have information about your termination and performance. He/She will also review any relevant documents, including employer policies and employee handbooks.
Some Things to Consider
Your Unlawful Termination Attorney will evaluate your case and consider your financial losses. An employee who is terminated for wrongful termination may be entitled to recover damages such as lost pay, lost benefits, and possibly punitive damages. You may also be able to recover the attorney fees you have paid if you win the suit.
Are You in Need of an Unlawful Termination Attorney?
It is important to speak with an Unlawful Termination Attorney if you feel you have been wrongfully terminated. Your attorney can help you navigate the complicated legal system. If you believe you were treated unfairly because of a protected status, you will want to contact our office right away to find out how you can proceed. Talk with an employment lawyer today.
