Losing a job can have devastating and lasting effects on a person’s life, and wrongful termination lawyers can help. Lawsuits can be brought against an employer for wrongful termination, even if they listed a reason for the firing. This kind of case can be challenging to prove and can involve longer and more complicated legal proceedings. In these kinds of situations, it is always best to contact an attorney.
An employer cannot fire a worker for just any arbitrary reason to cover up for wrongful termination. They need to follow the rules established by employment law. A lawyer can review the case for wrongful termination and determine if there is a legitimate case to file against the employer.
Standard U.S. Employment Contracts and At-Will Employment
Many people employed in the United States are hired as at-will employees. With these types of work arrangements, employers can choose to fire an employee for a legal reason or no reason at all, which leaves room for a case of wrongful termination. There is an exception to this as employees cannot be fired for an illegal reason. Unless the employer and employee have agreed to a written contract that states otherwise, they would adhere to the rule of at-will employees.
Unlawful Employee Termination
Employers are not allowed to fire anyone for the reason that goes against the contract of employment or that is unlawful, which can be considered to be a wrongful termination. Reasons for firing that would be considered illegal include termination in the form of sexual harassment, violations of anti-discrimination laws, violation of labor laws, and retaliation for when an employee files an employer complaint. It is best to consult with a lawyer with this type of case.
Wrongful termination lawyers can review the facts when evaluating a wrongful employment termination case and seek to prove them when an employee is fired.
When an employee is wrongfully terminated, the employee has the responsibility of being compliant with the employment contract. Contracts usually include reasons for employment termination, and if the reason is not written in the agreement, there may be a just cause to file a lawsuit.
When wrongful termination lawyers evaluate cases, they will consider the financial losses suffered by the employee and seek to recover damages that include lost pay and benefits, punitive damages, and damages due to emotional distress. If the employee wins the case, they may also be eligible to receive reimbursement for legal fees.