What Are The Options If You’ve Been Wrongfully Dismissed From Your job?
Have you been Wrongfully Dismissed from your job? This is also called Wrongful Termination. That is where you believe that you were fired for a protected reason under the law. If so, there is a good chance that you were Wrongfully Dismissed From Your job and there are legal remedies that are available to you. The first step is to try and negotiate with your former employer. Going directly to court can be costly. But having an attorney contact your former employer can go a long way in getting results. Court fees and the court process is costly, so your former employer may decide it is a better option to settle out of court.
You will want to consult with a Wrongful Dismissal attorney to learn about your legal rights before you attempt to negotiate with your ex-employer. You may be entitled to severance pay or additional pay, even if you were given notice or were paid for the time instead of giving you notice. It is in your best interests to consult with an attorney if you plan to proceed with a Wrongful Dismissal lawsuit. You will want an attorney whose specialty is employment law.
How To Know You Were Wrongfully Dismissed From Your Job
The main four “at-will-employment” exceptions in Nevada are as follows:
- The termination violates an active employment contract;
- The termination is a result of discriminating against an employee because of their race, their nationality, their sex, their religion, their age, their disability, their gender identity/expression, their sexual orientation;
- The termination is a retaliatory measure against the employee for exercising a legally protected behavior such as whistleblowing;
- The termination violates Public Policy.
One caveat to this is that the employer must have at least 15 employees.
What Is Breach of Contract?
Sometimes, there is a written, or even implied, contract between the employee and the employer. These can also be oral or can be in the form of an employee handbook. This could also be from a collective bargaining agreement. This contract will specify the terms of the agreement, including how the agreement can be voided. If the employer fires an employee without complying with all the terms of the agreement, they are in violation and it is considered a Wrongful Termination and the employer can be sued for violating the terms of the agreement.
In addition to being able to sue to get back their job, employees can sue for the following:
- Their lost pay with interest
- Amounts for pain and suffering
- Possible punitive damages
- Court costs and attorney fees
Contacting a Wrongful Dismissal Attorney
If you have been Wrongfully Dismissed From Your job due to any of the above reasons, your next step is to contact a Wrongful Termination Attorney. Our office is available to review your case to determine what can be done to make you whole again.