August 25, 2019

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Wrongful Termination Claims

Employers have the right to hire and fire employees as they choose based on an employment principle called the at-will doctrine. However, if discriminatory practices are the basis of termination, an employer may find himself a defendant in an employment law case.

Wrongful Termination Laws

It is illegal for a company to let an employee go based on employment discrimination due to age, sexual orientation, sex, race, disability, or national origin. Employers are also not allowed to fire workers for reporting illegal activity (whistleblowing) like employment law violations, tax fraud, or illegal bookkeeping. Your attorney team will describe the local, state and federal laws that apply to your case in detail during your wrongful termination consultation.

Employees who were let go under circumstances that violate the terms of their written contract may have a valid claim for wrongful termination. Certain activities are also protected and may not be used as the basis for firing, such as serving as election officer on election day, participating in jury duty, refusing a lie detector evaluation, or complaining about or reporting OSHA violations. New mothers who take leave under the Family and Medical Leave Act or injured workers who file for workers’ compensation may also not be terminated for these actions.

Seeking a Settlement for Wrongful Termination

Oftentimes, an accused employer will be in a hurry to settle out of court as facing wrongful termination charges can be extremely bad for business. Your experienced employment lawyer can make sure that the case is not “swept under the rug” and you are not taken by lowball settlement offers. It helps to know your rights before a claim is filed, and to know what your case is worth.

Finding evidence of wrongful termination can be challenging. An employment lawyer will launch a thorough evaluation of the claim, including researching the company’s hiring policies and carefully reviewing the client’s work history, including any contracts and paper trails related to the hiring and firing procedures.

If you or a member of your family has been wrongfully terminated, please click here to find a skilled employment lawyer in your area.