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Posted by: Rawa Law Group on 07/18/2017

Suing For Wrongful Termination

Suing For Wrongful Termination As you may already know, employment is typically considered to be “at-will.” This means that an employee can be fired at any time and for any reason, as long as that reason isn’t illegal. However, there are exceptions to this rule and ways in which you would have a claim if an employer fired you. What are some of these examples?

Written Promise: Was there a written contract put in place by your employer that says that you will always have job security? If so, then it will be difficult for an employer to legally fire you from your job. Enforcing the promises of your boss in court may not be as difficult as you may think when a contract is in place.

Implied Promise: An implied contract is one that your employer agrees to out loud. However, this may be extremely difficult to prove because an employer could either deny it or be careful not to make a promise in the first place. The courts may give you the benefit of the doubt and decide if an implied employment contract exists by looking at the duration of your employment, regularity of job promotions, history of positive performance reviews, and many other factors.

Good Faith Breach: Did your employer act unfairly in a specific way? Did they fire or transfer employees to prevent them from collecting sales commissions? Did they mislead employees about their chances for promotions and wage increases? Did they repeatedly transfer an employee to remote or dangerous assignments? Then you may have a claim.

Violations of Public Policy: Were you fired for reasons that society recognizes as “illegitimate grounds”? Some examples of this include disclosing a company practice of refusing to pay employees their earned commissions, taking time off work to serve on a jury, taking time off work to vote, or notifying authorities of wrongful or harmful doings in the workplace.

Discrimination: Discrimination in the workplace is considered to be illegal. This means that, if you are fired because of your race, color, national origin, religion, age, or any other reasons you should speak with an attorney. You must file a complaint of discrimination before you are permitted to sue your employer in court.

Retaliation: Employers are not permitted to retaliate against employees. Were you engaged in a legally protective activity and this activity prompted your employer to take retaliating action against you, such as firing you or denying you a promotion? Then you may have a case.

Of course, there are many other grounds for ‘wrongful termination’ such as fraud, defamation, and whistle-blowing violations. Every single one of these reasons is another reason to bring a case in courtagainst your employer and get the rights that you deserve.

When You File Suit

When you believe that you have been terminated wrongfully, there are some steps that you should take. You must first be able to present as much evidence as you can in your favor. Forms of this include documentation like pay stubs and records of hiring or termination, statements and testimony from the people who were responsible for your termination, witness accounts, and your own written account of the events involved with the termination. If you believe that discrimination was at play in your case, for instance, you will have to be able to show proof of your employer’s discriminatory conduct. 

If discrimination was a part of your case, you may be able to file an EEOC complaint without ever having to see the inside of the courtroom; however, this is not often the case. This is why it is a good idea to have a trustworthy workers compensation attorney on your side who can help you fight for the rights you deserve every step of the way. The EEOC is sometimes known for hesitating to accept wrongful termination cases without a history behind it, so telling your story as clearly as possible to an attorney may help you in the long run.

Call us today for the guidance you need. At The RAWA Law Group, we will stand by you in your time of need.