Legal Considerations When Wrongfully Terminated from Work
Imagine this scene: you report to your job as usual when your employer brings you a piece of news that leaves you reeling in shock and anger. They’ve fired you. However, you’re completely sure that you didn’t do anything to merit getting fired. If this is the case, you may be a victim of wrongful termination.
The silver lining to your unfortunate situation is that you can exercise your rights against your former employer by taking into mind these legal considerations when wrongfully terminated from work.
- You can’t charge your former employer with wrongful termination if you’re an at-will employee unless they’ve fired you from your job in violation of public policy or an implied contract that they’ve established with you.
Most contract-less employments are considered to be at-will by default, which means that your employer can fire you from your job anytime, regardless of their reason or lack thereof. However, your at-will employment status doesn’t automatically shield your employer from liability if they’ve wrongfully terminated you from work, and the said action on their end is against state policies or an unwritten agreement.
An example of public policy exception that can validate your wrongful termination claim is if your employer had given you the boot after you’ve refused to do something illegal for them. Meanwhile, if you only have an implied contract with your employer, they can only fire you if they’ve got a business-related reason to justify their action against you.
- On the other hand, you can file a wrongful termination lawsuit against your former employer if you signed an employment contract after getting hired.
In contrast to at-will employment, your job may have included a signed, written contract that is hard proof that you were once an employee. Perhaps your employer wrongfully terminated you because of discriminatory reasons or as punishment for reporting certain workplace violations to either them or the proper authorities. Since you’ll want to seek justice for the unlawful action done to you by your former employer, you can sue them for wrongful termination.
- You can earn millions of dollars in damages if you win your wrongful termination lawsuit against your former employer, although a faster way to arrive at the same conclusion is to undergo an out of court settlement with them instead.
Once the wrongful termination lawsuit that you’ve filed against your former employer has undergone a full-scale trial, and you win your case, you can earn up to millions of dollars of compensation for the financial losses and distress that your sudden, unlawful unemployment caused you.
However, lawsuits take years to resolve and may cost too much money on your end. Thus, you should only consider filing a wrongful termination lawsuit against your former employer as a last resort measure. To expedite the process through which you can hold your former employer liable for wrongfully terminating you from work, you can enter into an out of court settlement with them, and negotiate payment for damages.
Having gainful employment is an accomplishment on your end. Unfortunately, all your plans for your future can suddenly be demolished if your employer wrongfully terminates you from your job. You can take comfort in the fact that the law is on your side, and you can fight back against your former employer by bearing in mind the above legal considerations if wrongfully terminated from work, though you should seek advice from a lawyer first before taking action.