Definition of Wrongful Termination
Wrongful termination is a term used to describe an employee being involuntarily terminated from their job without the necessary legal justification. The types of conduct that could constitute wrongful termination vary depending on the jurisdiction and the circumstances surrounding the case. Generally speaking, however, it includes situations where the employee was fired due to discrimination based on race, gender, religion, national origin or disability; retaliated against for engaging in legally protected activities like filing a complaint or whistleblowing; or wrongfully deprived of wages owed to them by law such as overtime pay or vacation time.
In addition, if an employer terminates an employee in violation of their employment contract – such as failing to provide proper notice period before terminating – this could also be considered wrongful termination.
Also, employers may also be held liable for wrongfully terminating employees if the firing was based on any kind of personal vendetta or unfair treatment. For example, stemming from things like personality conflicts and favoritism.
Thus, employers must adhere to their own internal policies with regards to employee dismissals and make sure that they are consistent in their decisions so as not to open up themselves up to potential lawsuits.
Differences Between Unfair Dismissal and Wrongful Termination
Unfair dismissal and wrongful termination are two distinct concepts, but they’re often confused.
Unfair dismissal is present when an employer dismisses an employee for reasons that aren’t related to their role and performance, such as a change in company policy or the closure of a department. This doesn’t always have to be illegal; it just means that the employer didn’t follow the proper procedure in dismissing the employee.
Wrongful termination, on the other hand, is illegal and occurs when an employer terminates someone due to discrimination, breach of contract or violation of public policy. Examples of wrongful termination may include firing someone because of their race, gender or religion; firing them because they reported illegal activity within the organization; or retaliating against someone for filing a complaint against the organization.
When it comes to legal remedies available to employees who have been wrongfully terminated, they can file a lawsuit against the employer seeking monetary compensation. Those who have been unfairly dismissed will not necessarily have access to legal remedies since being dismissed unfairly isn’t necessarily illegal from a legal standpoint. In some circumstances however, employees may be able to challenge unfair dismissal through industrial tribunals.
How to Find a Wrongful Termination Lawyer
Finding a qualified wrongful termination lawyer to help you with your case can be daunting. However, by taking the time to conduct thorough research and ask the right questions, you can ensure that you’re getting an experienced and knowledgeable lawyer who will fight for your rights and work hard to get you the best possible outcome.
The first step in finding a good wrongful termination lawyer is to get referrals from people you trust. Ask family, friends, and colleagues if they know of any lawyers they would recommend. If those referrals don’t pan out, search online for lawyers who specialize in wrongful termination cases in your area. Look at their websites, read reviews from other clients, and contact them directly with any questions or concerns. You should also check that they are registered with the state bar association and have no pending disciplinary actions against them.
Once you’ve narrowed down your choices, it’s important to interview each prospective lawyer before making a final decision. During this meeting, ask about their experience dealing with cases similar to yours as well as what strategies they might employ to help win your case. It’s also important that you feel comfortable communicating openly with your prospective lawyer since this relationship could last months or even years depending on the complexity of your case. Make sure to inquire about their fees upfront so that there are no surprises later on down the line.
How a Wrongful Termination Attorney Can Help You with Your Case
Your lawyer will work to prove that your firing was illegal or in breach of your contract, and may be able to negotiate a settlement with the employer on your behalf.
The attorney can also advise you on relevant laws and regulations, helping you understand the legal implications of being wrongfully dismissed.
In addition, he/she will assist you in understanding your rights as an employee, including the right to sue for back wages and other damages resulting from the dismissal.
Should you wish to sue, they will also guide you through filing a complaint with the Equal Employment Opportunities Commission (EEOC). Furthermore, a wrongful termination attorney can provide valuable insight on what options are available to you during your job search such as unemployment benefits or filing for bankruptcy protection if needed.
Your lawyer can also help ensure that any agreements made are fair and just for both parties involved.
Lastly, they may even be able to negotiate a severance package on your behalf so that you receive some compensation for leaving the company.
Knowing the Right Questions to Ask Potential Lawyers Before Making Your Decision
When looking for a wrongful termination lawyer, it is important to know the right questions to ask potential lawyers before making your decision. The most important question to ask is whether the lawyer has experience and expertise in wrongful termination cases. Ask how many cases they have handled in the past, if they are experienced in handling similar cases, and if they have ever argued a case in court before. In addition, inquire about the length of time that the lawyer has been practicing law, as this can be an indicator of their overall experience level.
It is also important to ask what kind of approach the attorney takes when defending clients in wrongful termination cases. Find out if they prefer to settle out of court or take a more aggressive approach with regard to litigation. Knowing this beforehand can help you make an informed decision when choosing an attorney.
Additionally, ask potential lawyers what resources and support they provide during the course of your case. Many attorneys provide resources like legal advice and help filing documents with the relevant courts, but some may go beyond those services and offer additional resources such as access to researchers or paralegals who can assist in collecting evidence for your case.
Finally, find out what fees will be charged for their services. Some lawyers may charge by the hour while others offer flat fees or general payment plans which allow clients to pay over time. Be sure to clarify with your chosen attorney any upfront costs that may be applicable as well as any additional fees that could arise throughout the course of your case so that there are no surprises later on down the line.
Conclusion
Wrongful termination is a serious issue and one which requires the assistance of an experienced and knowledgeable lawyer. A good wrongful termination attorney can work with you to understand the details of the case and determine whether or not a legal basis for wrongful termination exists.
With this knowledge, the lawyer can then prepare for litigation and advise you on your best course of action. When looking for an attorney, it’s important to find someone who has experience in wrongful termination law, as well as an understanding of any applicable state laws.
Most importantly, if you’re a wrongly terminated employee, you should also be sure to ask potential lawyers questions about their fees, processes for filing a claim, and success rate with similar cases.
With the right lawyer by your side, you can be confident that your case will be handled with competence and skill.
