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When to get Legal Help for your Wrongful Termination Case

Dec. 18, 2017

If you think you were terminated for an unlawful reason, you have the right to file a wrongful termination case against your employer. However, proving and receiving damages against a wrongful termination action is challenging, involves complex legal proceedings, and requires producing solid pieces of evidence to support your claim. To make things easier and increase your chances at winning the case, it is best that you get legal assistance of a wrongful termination attorney.

When a Termination is Considered Wrongful?

Wrongful termination refers to situations where an employer has laid off a worker for illegal reasons. They include firing:

  • As a form of sexual harassment

  • In retaliation to the employee’s action of filing a complaint against the employer

  • In violation of state and federal anti-discrimination laws

  • In violation of labor laws

  • In violation of written and oral employment agreements

Some of these violations will result in employer paying for damages based on lost wages and other expenses, while others carry statutory penalties. There is also a possibility that the court may order the employer to pay punitive damages to the worker.

When Should You Seek Legal Help?

Determining whether your termination was illegal can be difficult for you, which is why you should consult your case with a wrongful termination attorney. They will review the facts and let you know if you can file a case against your employer and about potential legal claims. They will guide you through the entire procedure for filing a claim and help you decide the best course of action.

The following are some situations where having a wrongful termination attorney can be very helpful:

  • You filed a complaint for harassment or discrimination just before getting fired.

  • Employer actions indicating that you were laid off for discriminatory reasons.

  • You filed a complaint against some illegal actions of your employer or any other workplace wrongdoing, like shoddy accounting practices or overlooked workplace hazards, and got fired.

  • You have a protected characteristic, such as pregnancy or disability, and were laid off after you disclosed it.

  • You signed an employment contract and the employer breached its terms and conditions by firing you.

  • The demographics of the workplace changed after firing you. For example, you were the only black or Asian manager or the single female employee in the company.

  • You were fired for exercising a legal right such as taking Family and Medical Leave, voting, or anything else.

Your attorney will thoroughly study your case, help you gather evidence, and create a legal strategy. After winning the case, you may receive severance pay, unemployment compensation, or simply a calculated amount for your damages.

Talk to an experienced wrongful termination attorney to discuss your case and plan your way forward to get your career back on track. Contact the Law Office of Michael T. Smith today for a consultation.