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Wrongful Termination

Getting fired is always difficult, and most people feel it's undeserved and unjustified. If you got fired, and you feel that it happened for the wrong reason, it may be classified as wrongful termination. There are many forms of wrongful termination such as when employers violate discrimination laws or when they breach an employment contract. The complexity of wrongful termination requires the review and assistance of an experienced employment law attorney.

Most employment has an "at-will" termination. This means that employers have the right to fire you at any time and without a good reason. In most of these situations, there is no wrongful action because employers have wide latitude in the hiring and firing of staff. However, if an employer fires someone based on discrimination then that is illegal. Local, state and federal laws prohibit discriminatory termination based on an employee's age, race, color, religion, gender, disability, pregnancy, or national origin. Some states also prohibit discrimination based on sexual orientation or gender identity. If you believe you were fired because of your race, age, or other discriminatory basis, then you can file a complaint with the EEOC, other state or federal agency, or file a civil lawsuit.

Wrongful terminations can also happen in violation of written agreements, or company policies. It's considered wrongful termination if an employer violates the terms and conditions of your employment contract. For example, if your contract states "for cause" termination only, then it's wrongful termination, if you're not given a good reason for being fired. In some cases, an employee can be wrongfully terminated if an oral promise is disregarded. If the company handbook states that an employee has to have three written warnings before termination, and you only received two warnings before being fired, you might have a case for wrongful termination. It's also illegal to fire an employee as retaliation for filing a complaint against the company for discrimination, wage violations or other valid reason. If you're fired for being a whistleblower, this is also unlawful.

If you were fired and feel you have a wrongful termination case because of discrimination, retaliation, contract or company policy breach, you need to talk with an employment law attorney. Proving wrongful termination is a complicated matter and there are many requirements for filing a complaint. Having an experienced employment law Attorney working on your behalf would assure that you get the best possible outcome for your particular situation.

With proper legal guidance you can choose the best course of action for your particular situation. Call us today to set up a free consultation appointment to discuss your rights and options.

 

 



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