Saturday, January 5, 2013

Ask a Wrongful Termination Lawyer Do I Have a Case

Ask a Wrongful Termination Lawyer Do I Have a Case

If you believe that you have been fired illegally, you should visit a wrongful termination lawyer. He or she has the knowledge and experience to help you determine if you have a solid case against your employer. You will also be in a better position to claim the maximum compensation because a lawyer knows how to present the case successfully.

The most common reasons that people sue for wrongful termination are: discrimination on the basis of race, gender, age, religion, or disability; being fired following filing a complaint about harassment; violation of contract; whistleblowing; and union organizing. Even if your situation is not one of these, you might have a case. However, many people believe that their termination was illegal when, in fact, it wasn't. Only a lawyer can make the determination.


There is a statute of limitations covering wrongful termination, after which you can no longer sue. For this reason, it's important that you contact a lawyer right away when you are fired. The attorney will review all the information relating to the situation and will then be able to determine if you have a valid claim or not.

California is an "at-will" state, meaning that you may be fired or you may choose to quit your job at any time without having to provide a reason. Wrongful termination is a statutory exception which is intended to protect employees from discriminatory practices, harassment, and being forced to engage in activities which are illegal.

Employers naturally will attempt to explain away the termination as being completely legal. For example, they will say that you weren't working up to standards, as a way to cut costs, or due to some disciplinary action taken against you. An experienced attorney, if you have a valid case, will be able to use strategies like comparing other terminations and evaluating the company's behavior before and after your termination to elucidate the truth.

If a judge rules in your favor in a wrongful termination suit, you may receive back pay, reinstatement, damages (compensatory and/or punitive), and your attorney's fees may also be covered in the settlement. Many companies choose to settle rather than going to court. This is especially true of large companies who must be concerned about their reputation in the community.

Wrongful termination does occur. Even employers who may think that they are following all the laws may not be. After all, employment law is quite complex, varies from state to state, and can change over time. An attorney has the understanding of the law, is up to date on all legislation, and has the experience to comprehend whether a given situation is a violation.

A wrongful termination lawyer is essential if you think you have a case. He or she will be able to go over the relevant laws and determine if your case is valid. Your attorney will then work with the company to reach a settlement or pursue a lawsuit if it comes to that.

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