Filing Termination Suits: Worthy or not?

By: Jean Kuda
Submitted: 2008-07-18 15:09:20
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Have you been wrongfully terminated at work? If you are then you need a termination laws attorney.

Never entertain the idea of having to settle your case with your employer without someone knowledgeable with termination law to accompany you. Remember, you are no match to your employers financial and staff resources.

Having someone to assist you is advantageous to you. In this way, you may be enlightened of the various options available to you. You may also weigh such options and choose the one which best suit you.

Naturally, laws on wrongful termination vary on every state. What may be wrongful termination to other states may not be unlawful for other states. Moreover, the appreciation of the facts and circumstances of each case also differ.

Wrongful Termination

Before a deeper discussion with wrongful termination, it is advisable to know what is it and what are the acts that are considered as such. A wrongful termination is defined as one in which an employee has been discharged in violation of his/her legal right.

It is not enough for the employee to simply show that he/she was treated unlawfully but he/she must show that the termination was “wrongful” meaning one or more legal rights were violated.

Almost every state has embraced the legal concept of “employment at will” which means that it is presumed that the employer has the right to terminate someone with or without a reason and likewise the employee has the right to quit at any time with or without a reason. 

Acts Constituting Wrongful Termination

If you have been wrongfully terminated, the next question would be to ask your self if you have a case. Well, the determination of whether you have a cause of action against your employer would depend upon the circumstances surrounding your dismissal.

Filing a wrongful termination suit is a major undertaking. Before filing one, you must be very sure. Otherwise, you will just be wasting your time, effort and money.

The following acts usually make up wrongful termination:

•    you have been a victim of discrimination because of your age, race, sex, disability, nationality or religious beliefs

•    you were terminated after complaining about harassment or some other form of discrimination

•    you were terminated in violation of a contract or explicit promise regarding the period of your employment or the circumstance under which you could be terminated

•    your employer is retaliating against you for filing a complaint against him for violating local laws

•    you were terminated for refusing to perform an illegal or unsafe act for your employer

•    your employer fired you for taking time off to fulfill your military service, voting, the illness of a child or your own long-term illness

•    you were fired for being in involved in organizing a union

If the courts give a favorable judgment, you may be entitled to the following:

•    back pay

•    reinstatement

•    compensatory damages

•    punitive damages

•    attorney’s fees

Indeed, being fired from your job is hard, especially if you have been fired illegally. However, you may pursue legal action to vindicate your right. In doing so, you may want to hire termination laws attorney.

Article source: Expert Articles