What Does a Wrongful Termination Lawyer Do?
At-will employment is the norm in the U.S. when it comes to employees and employers. It means both parties may terminate a job without giving reason or notice. However, employment laws prohibit termination in several different situations as long as the employee can prove wrongful termination.
The sorts of situations when wrongful termination takes place are based on characteristics of employees that are protected by law from discrimination such as their color, gender, dress, age, disability, religion, gender, gender identity, sexual orientation, pregnancy, for being a whistleblower and for breach of contract by the employer. Workers are legally protected so that they can work in an environment where they feel “safe”.
It’s important for workers to be aware of their rights, how there are laws in place that protect them from wrongful termination, and how wrongful termination lawyers assist workers who have been wrongfully terminated to seek justice and compensation. Wrongful termination lawyers help employees who have been fired from a job in breach of the law
Wrongful termination lawyers can be invaluable resources for people struggling with legal issues at work such as wrongful termination. This article/guide covers what you need to know about protecting yourself if you have been a victim of wrongful termination.
What is Wrongful Termination?
It is considered to be wrongful termination if an employee is fired because of any of the following characteristics:
- sexual orientation;
- retaliation for engaging in other legally-protected behaviors, such as seeking leave under the Family Medical Leave Act (FMLA);
- reporting of an illegal activity called whistle blowing;
- religious beliefs;
- race or color;
- physical or mental disability;
- national origin or ancestry;
- gender;
- gender identity;
- breach of contract by the employer;
- filing of a worker’s compensation claim against an employer;
- being pregnant, or may become pregnant;
- age, if 40 or older.
If an employee is fired for one of these reasons, a “wrongful termination” may have taken place.
What Does a Wrongful Termination Lawyer Do?
When representing a client in a case of wrongful termination, a wrongful termination lawyer first establishes how the employee was wrongfully terminated. The attorney can interview other employees to discover if they know anything about the wrongful termination. It can also find out if the employer was biased towards a certain group of workers who had particular characteristics. The attorney may demand that electronic documents (such as emails) be accessed so that discussions between managers about employees can be viewed. The attorney can help the employee file his or her complaint with the EEOC and work on an employee’s behalf if the EEOC gives the plaintiff the opportunity to file a lawsuit against an employer. The attorney may help gather evidence that proves the employee has been a victim of discrimination.
Examples of Wrongful Termination Employees May Face At Work
- Breach of contract or employment policies which the employer set up with an employee but decided to terminate for no reason.
- Taking an extended period off work which is allowed under the Family and Medical Leave Act (FMLA) which permits employees to take up to 12 weeks, but the employer wrongfully terminates in retaliation.
- Discrimination is another major cause of wrongful termination even though state and federal laws prohibit discrimination against employees based on a variety of categories which include race, color, ethnicity, religion, gender, sexual orientation, marital status, national origin, disability, age, pregnancy status or genetic information.
- Retaliation against an employee who has acted as a whistleblower, e.g., exposed an illegal activity in their workplace.
- Retaliation against an employee who has filed a harassment or workers’ compensation claim.
State & Federal Laws That Prohibit Wrongful Termination
There are both federal and state laws that prohibit wrongful termination and an employee who has been a victim of wrongful termination may file a complaint with either the Equal Employment Opportunities Commission (EEOC) or their state’s agency that covers the state laws on wrongful termination.
- Title VII of the Civil Rights Act of 1964 states that it is unlawful for an employer to terminate an employee based upon factors such as the employee's race, religion, national origin, sex, disability, medical condition, pregnancy, or age (over 40).
- The Americans with Disabilities Act of 1990 is a civil rights law that prohibits discrimination based on an employee’s disability.
- Rehabilitation Act of 1973. Sections 501 503 and 505 of the Rehabilitation Act, as amended, protect job applicants and employees from disability-based employment discrimination. This law covers qualified job applicants and employees with disabilities. It also requires that federal agencies make reasonable accommodation for any disabilities that are known—so long as such an accommodation would not cause undue hardship.
- The Age Discrimination in Employment Act of 1967 prohibits employment discrimination against anyone who is at least 40 years old.
- Equal Pay Act of 1963. The Equal Pay Act of 1963 protects women and men who perform work in the same establishment that is substantially equal from wage discrimination that is sex-based in the payment of wages or benefits.
Many states also have civil rights laws that protect workers from discrimination. For example, those forms of discrimination are prohibited by California’s Fair Employment and Housing Act (FEHA).
How Can a Wrongful Termination Attorney Help Me With My Case?
Dealing with a case of wrongful termination on your own can be difficult but discussing your case with a wrongful termination lawyer can make it easier for you to win your claim of wrongful termination by your employer and get back to normal life.
A wrongful termination lawyer can help with filing a complaint of wrongful termination at work. The lawyer may start with approaching your employer stating that the wrongful termination is illegal. If the employer does nothing like reinstate you the attorney can help you file a complaint with the EEOC or your state’s agency.
Your lawyer must be able to prove wrongful termination took place. He or she can help you gather evidence and get witness accounts from coworkers who can provide proof you have been wrongfully terminated. Once the proof has been gathered together it can be attached to your complaint letter to the EEOC. If this agency believes you have sufficient evidence, it will give you and your attorney the opportunity to file a lawsuit in court.
What Can I Recover By Winning My Case?
Depending on the outcome of your case and the help you have received from a wrongful termination lawyer you may be able to recover the following:
- Reinstatement to your job;
- Back pay from the date you were wrongfully terminated;
- Expenses such as wrongful termination attorney’s fees.
- Compensatory damages which compensate you for the pain and suffering you have endured due to the wrongful termination.
How Are Wrongful Termination Lawyers Paid?
Under what is referred to as a contingency fee arrangement, your wrongful termination attorney receives a fee only if he or she wins your claim, and you receive monetary compensation which could be through an out-of-court settlement or an award decided after a trial. The contingency fee is calculated based on a percentage of the total compensation you will receive. If aren’t awarded any compensation your attorney will not get paid.
Conclusion
Termination is illegal in many employment situations which are covered by federal laws. This includes wrongful termination based on discrimination because the employee is a member of a protected group and retaliation because of an act by an employee such as whistle-blowing because of an illegal act performed by the employer. Any form of workplace discrimination can take a toll on an employee particularly if the employee has been wrongfully terminated because of a feature they possess such as ethnicity or being pregnant.
Working with a wrongful termination lawyer is an invaluable resource for anyone who has to deal with being wrongfully terminated from work. The attorney may be able to guide you through the process of dealing with a case of wrongful termination and get you reinstated or a compensation package for the illegal way you have been treated.
Request a Free Case Evaluation Today.
Complete the Free Case Evaluation form now to get connected and speak with a wrongful termination lawyer who can help you today.
