To avoid liability for wrongful termination, most employers have to provide a legitimate reason when firing an employee. They may say that you are being fired for misconduct, to cut costs, poor performance, or because the company is reorganizing its hierarchal structure. This is known as termination or firing for cause.
Understanding Termination for Cause
When an employer fires an employee for a specific cause, it is stated in the termination letter, which is handed over to the employee. Some examples of actions that may result in termination for cause include:
Breach of contract
Conviction for crimes
Failing a drug or alcohol test
Failure to follow company policy
Stealing company property or money
Threats or threatening behavior
Violation of the ethics policy or company code of conduct
Violence or threatened violence
Watching pornography online
It may seem to you that the company came up with a perfectly good reason to terminate you, but what if they decided to make the call just after you have declared pregnancy? What if they hired another employee to replace you at a relatively higher package after saying that your position was being eliminated?
In such situations, there is a high chance that the underlying reason for firing you was illegitimate. If you think that your employer fired you illegally, you can make a claim for wrongful termination against the company.
What Can an Attorney Do for You?
It can be stressful and frustrating to get fired from your job. But that does not mean that you should file a lawsuit right away against your employer as your plan can backfire if you are unable to prove that your termination was wrong. To help you determine whether your case is viable, you need to work with a wrongful termination attorney who can provide you legal counsel as to how you should proceed.
Your attorney will work with you to explore the context of your specific circumstances, and carefully assess the details of your termination. For example, the reason for your termination for cause was you left early a few days? Did you leave early for a plausible reason? If so, did the employer treated you differently as opposed to any other employee?
The attorney will ask you about the reason for leaving early. Was it because you did not feel well? Or was it because you had an emergency? If your employer knew about the medical condition or emergency, you may have a wrongful termination case. Another benefit of working with an attorney is that they provide you legal insights into your rights and possible options. Based on your situation, they can devise a tailored legal strategy to increase your chances of getting a favorable outcome.
If you think you were fired for cause and the reason was illegitimate, it is best that you first discuss your case with an experienced Roselle wrongful termination attorney before you move on to bring a wrongful termination action on your employer. Contact the Law Office of Michael T. Smith today for a consultation