Being terminated can have devastating consequences. Your income, health insurance, retirement savings, and overall way of life may be at risk. But what if your termination were illegal? This guide will explain what constitutes wrongful termination, when you might have a case, and, most importantly, how a wrongful termination attorney can turn this challenging situation into a triumph.
Understanding Wrongful Termination
Let’s start by clearly defining wrongful termination. While at-will employment allows you to quit or be fired at any time, there are exceptions where terminations are illegal. These include:
- Violation of public policy (ex. getting fired for reporting an employer’s unlawful actions)
- Discrimination based on protected characteristics
- Retaliation for protected activities like filing a complaint
- Fraud or defamation related to the termination
Understanding whether you were wrongfully terminated is crucial for creating a successful case. If you are unsure, contact a Los Angeles wrongful termination attorney and tell them your experience.
When You Need a Wrongful Termination Attorney
Navigating relevant case law and proving wrongful intent requires experienced legal guidance. Top wrongful termination attorneys possess expertise in areas such as:
- Employment law, especially wrongful discharge precedents
- Rules around retaliation, discrimination, whistleblowing, etc.
- Strategies to uncover direct evidence of employer misconduct
They can analyze the circumstances of your termination to construct a strong argument concerning illegal activity. With wise counsel, even employees in at-will states can prevail in some cases.
Challenging At-Will Employment
Although at-will employment allows employers to terminate employees for almost any reason, there are exceptions where such terminations are illegal under state or federal laws. Skilled wrongful termination lawyers leverage these exceptions to make their case.
For example, if your employer violated public policy or discriminated against a protected characteristic like disability, this likely constitutes wrongful termination. Attorneys can even challenge company policies that conflict with these protections. Precedents also exist concerning ‘implied contracts’ for continued employment.
Ultimately, navigating this complex legal framework requires the expertise that attorneys provide. They determine how exceptions to at-will employment may apply in your specific case.
Written and Implied Promises Matter
Even in at-will arrangements, written or implied promises may be enforceable. For example:
- Written contracts explicitly stating you can only be fired for “just cause”
- Employee manuals outlining dismissal procedures
- Verbal assurances of continued employment from supervisors
Wrongful termination lawyers comprehend these nuances. They can analyze company documents alongside your specific situation to support breach of contract claims. While challenging to prove, their expertise gives your case the best shot.
Good Faith and Fair Dealing
Legal precedents in some states also protect employees from terminations that breach “good faith and fair dealing” in the workplace. Examples include:
- Firing someone to prevent commission payments or bonuses
- Pressuring staff to quit to block severance eligibility
- Misrepresenting reasons for dismissal to mask discrimination
These “unfair dealings” by employers can constitute a breach of an implied covenant. Wrongful termination attorneys know how to build a careful case regarding bad faith, gathering hard evidence to prove ill intent. Success often depends on their counsel.
Public Policy and Discrimination Protections
There is also a broad set of laws protecting employees from termination for reasons that violate public policy or constitute discrimination. These include federal, state, and even local regulations covering areas like:
- Whistleblower laws – Protecting staff who report suspected legal/ethical violations
- Health and safety laws – Barring retaliation for complaint filing
- Discrimination laws – Preventing biased firings based on race, gender, disability, etc.
Wrongful termination lawyers specialize in cases involving these protections. They identify violations while gathering solid documentation to prove unlawful motives. Knowledge of all relevant regulations is key to winning.
Building Your Case Brick By Brick
On average, it takes an attorney over 200 hours to fully develop an argument for wrongful termination. Their expertise makes all the difference by:
- Identifying legal hooks like implied contracts or whistleblower status
- Submitting targeted document requests to uncover incriminating details
- Securing witness statements alleging misconduct or discrimination
- Developing an authoritative narrative demonstrating unlawful activity
This meticulous work lays the foundation for either a favorable settlement or a winning verdict at trial. Don’t go it alone against a savvy HR department – protect yourself with experienced counsel.
Battling Retaliation
Seeking workplace protections – or even just complaining internally about potential legal violations – is a protected right. Employers cannot legally fire staff for whistleblowing or requesting accommodations without facing consequences.
Once again, complex laws around retaliation put employees at a disadvantage without subject-matter experts on their team. Wrongful termination attorneys leverage their know-how to force employers into monetary settlements, or if needed, win big jury verdicts at trial. They turn the tables on companies that disregard the law.
Fraud and Defamation: Egregious Examples
While less frequent, some termination cases involve extreme employer misconduct amounting to fraud or defamation. For example:
- Falsely accusing the employee of unlawful activity as a pretense for firing. This can count as premeditated when proven.
- Spreading damaging misinformation about the employee to prevent rehire. Employers found to be spreading misinformation can be sued for damages and fraud in addition to wrongful dismissal. Not only that, employers who partake in retaliatory revenge often lose the trust of employees and customers alike.
Wrongful termination lawyers have experienced confronting even the most brazen employer misbehavior. By casting employer actions as fraudulent or defamatory, Greater legal consequences can extend beyond wrongful discharge claims alone.
Turning Termination Into Triumph
Wrongful termination attorneys guide employees through a challenging, high-stakes process fraught with legal complexity. Their subject matter expertise makes all the difference by:
- Determining which legal hooks apply based on the specifics of your case
- Meticulously gathering hard evidence to build an authoritative argument
- Developing a step-by-step narrative demonstrating employer misconduct
- Leveraging intimating tactics like fraud or defamation claims when warranted
- Forcing lucrative settlements or securing favorable verdicts at trial
With an attorney as your advocate, even taking on the most financially powerful corporation gives justice a fighting chance. If you believe your termination was unlawful, do not hesitate to reach out to experienced legal counsel immediately. With their help, you can transform an illegally terminated employee into a victor.
Frequently Asked Questions (FAQs)
What evidence is most crucial in a wrongful termination lawsuit?
Written documentation like emails, texts, or formal complaints carry the most weight. Eyewitness accounts can also be impactful. Experienced wrongful termination attorneys will leave no stone unturned in gathering relevant proof.
Can an employee sue for wrongful termination in an at-will state?
Yes, exceptions like whistleblower laws, discrimination, breach of contract, or other violations still apply. A skilled wrongful termination lawyer leverages these exceptions to build a case even within at-will jurisdiction.
How does an attorney determine if a case is viable?
They thoroughly analyze applicable laws and precedents with the documented facts of a case. If clear legal hooks exist and solid evidence is available, an experienced wrongful termination attorney will likely pursue the case aggressively.
Call a Wrongful Termination Attorney Today
Don’t face this fight alone. Wrongful termination lawyers can evaluate your situation free of charge during an initial consultation. With expert counsel, justice is within reach. Call today to discuss your options.
