Knowing your rights and understanding if your termination from a job is wrongful or not is crucial for making a wrongful termination claim. It could be that you are looking to file a wrongful termination claim, or you might be looking to sue your employer for a wage and hour violation.
If such is the case for you, you will need the assistance of a lawyer to help you understand your situation and your potential options. You can seek guidance from your lawyer to make the best out of a bad situation.
- Understanding the Concept
You can get fired from your job for a number of reasons. In order for your termination to be termed as wrongful, it has to meet specific criteria. For example, you can be fired from your job after repeated warnings for not meeting a performance requirement; such a termination will not be wrongful.
On the other hand, you can be fired from your job for unfair reasons, but such a termination will not constitute a wrongful termination. In order for your termination to be wrongful, it has to be in contrast with state or federal law. Similarly, if your employer is withholding wages you have a right to sue.
Your particular state provides specific guidelines for protected areas. If you have been fired from your position and you fall within such a protected area, you might be a victim of wrongful termination.
- Types of Wrongful Termination
There are a number of scenarios that can qualify your termination as wrongful. If you have been fired from your job due to your sex, race, or religion, it can be termed as discriminatory termination. Similarly, if you have made a complaint against your employer and they fire you, it will be retaliatory termination.
Your employment contract can also define your position when it comes to your termination. If it provides guidelines for employer and employee conduct around the subject of employment termination, they have to be followed strictly. A termination, in contrast with public policy, will also be wrongful.
If you are able to identify the motive of your employer behind your termination, you will have a much easier time constituting a wrongful termination claim against them.
- State-Specific Laws and Requirements
Depending on your state and your particular area of employment, certain rules are put in place. States have mandated laws surrounding the subject of employment for the protection of employers and employees alike.
You have to make sure that you understand your specific state laws and requirements. For example, you can get in touch with an Employment Lawyer in Las Vegas to discuss the merits of your case if you reside or work in Las Vegas.
An attorney who is local to you will be able to fill you in on all the legal requirements for a wrongful termination claim or a suit for wage and hour violations.
- The Identifying Characteristics
It can be challenging to identify a wrongful termination. No employer is going to admit if they are firing you for a wrongful reason. They will always try to cover their tracks and make sure that you cannot sue them for wrongful termination.
However, if you get fired suddenly or if you have made a complaint against your employer and you end up getting fired afterward, it can be construed as a wrongful termination. Similarly, if you are getting fired for unsatisfactory performance but your performance figures are acceptable, it could be a sign.
Similarly, if you feel like you are being treated differently than others and you end up getting fired from your position, it can be a clear sign of wrongful termination.
- Take Advice from a Legal Expert
If you suspect that you have been wrongfully terminated and you need clarity on the matter, consulting a lawyer can be the best thing you can do. A lawyer who deals with wrongful termination cases is an expert in the field.
The legal expertise of a lawyer will help you to understand where you stand and what your options are. Once you are able to determine if your termination was wrongful or not, you will be able to move forward and take action accordingly.
You can consult a legal expert for advice and guidance. You should do some research and prepare questions that you must ask your legal expert.
- Familiarize Yourself with the Process
Consulting a lawyer will enable you to not only identify if your termination was wrongful but also understand what your options are. You can ask questions to get clarity on the matter. Your goal should be to understand the process and your options.
Once you have an understanding of the process, you will be able to set a goal for yourself. If you want to sue your employer for wrongful termination, you can start working towards it. You will need to know what documentation you have to provide to your lawyer.
In addition to that, you need to ask your lawyer what could be helpful for your case and what records you have to procure for them.
- Gather the Required Evidence
In order to make a strong case against your employer, you will need damning evidence. This evidence can consist of your employment contract; in addition to that, you have to make sure that you include any emails or correspondence that took place between you and your employer.
If your termination has been sudden, you have to make sure that you provide all the details surrounding the incident. If you are a member of a union, you have to procure evidence of your membership and your employer’s opposition to that union.
You have to acquire a copy of your termination letter or notice in addition to your performance evaluations. Your lawyer can help you get your hands on all of these documents.
- What Your Lawyer Can Do
Your lawyer can be your best asset when it comes to a wrongful compensation claim. There are a number of things that need to be done for a wrongful compensation claim to be successful. Your lawyer can take care of these things for you.
For example, your lawyer can investigate if your termination was wrongful or not. They can also help you gather evidence. They can negotiate on your behalf to get you the best deal possible. If the matter goes to court, they can represent you.
