Did you just lose your job owing to an unlawful reason? If yes, then you may have a claim for wrongful termination against your former employer. You can have this claim even if you were fired “for a specific cause.”
Since the task of bringing a wrongful termination action may be challenging due to involvement of complicated legal proceedings, hiring a professional lawyer is in your best interests.
An attorney takes several factors into consideration when assessing a wrongful termination case. He/she also seeks information that may prove that, despite the employee being fired for a cause or no reason at all, the termination was unlawful.
Here are some ways in which a wrongful termination lawyer can help you:
- Employment Contract
Wrongful termination lawyers are experienced in reading and evaluating employment contracts. Whenever an individual is employed under an employment contract, the employer must abide by the provisions of contract. In case, our contract clearly lists reasons for which you may be fired, the employer cannot fire you for a reason not incorporated within the contract.
Most employees don’t have written employment contracts. But if you do have a contract that limits the reasons for termination, any other reason for termination is a breach of the employment contract. An attorney can work with you to review your contract and determine if a stated reason for termination is contemplated by the contract.
- Policy of Employer
In some cases, policies of employer may provide discipline measures. Wrongful termination lawyers may work with their clients to see if the employer had a discipline policy it failed to follow. The employer can be sued under such situations for breaching an implied contract.
- Biased Treatment
Your wrongful termination attorney can help you if you were terminated due to specified performance issues. He will see if other employees at workplace were terminated for the similar issues. If not, then it is the job of your attorney to gather evidence suggesting your employer showed a biased attitude towards you based on a legally protected status, such as your race, age, gender, disability, sexual orientation, or ethnicity. Having a professional legal advisor by your side will help you seek solid evidence proving that the stated reason for job termination is deceitful.
In case, you “blew the whistle” on any unlawful activity in office, wrongful termination lawyer will help you with retaliation claim. Even if the reported activity was seen as legal, you would be protected. The lawyer just has to prove that the report was made in good faith.
- Evidence for Wrongful Termination
The wrongful termination attorney will review available documentation of an employee. These include file of employee and any documentation related to termination. For instance, if you were terminated for poor performance, the attorney would review any documents related to performance during employment. These reviews are extremely important for determining any discrimination against you. He may find some unlawful reason of termination to file a claim. The lawyer will find witnesses for the case while carefully reviewing all relevant documents.
- Crucial Considerations
Damages incurred by a terminated employee under a wrongful termination case can be recovered. Some of these damages include all lost pay, punitive damage, lost benefits, and possible emotional distress. A thorough evaluation of case is important for this. An experienced attorney will consider your financial loss to know the damages you can recover.
If you wish to file a wrongful termination claim, hiring one of the experienced and skilled wrongful termination lawyers will help you win the case.