WRONGFUL TERMINATION LAWYER NEAR ME
A wrongful termination lawyer handles cases when an employer terminates the employment of a worker for an illegal reason, which includes:
- if it violates public policy,
- violation of federal anti-discrimination laws based on gender, age, religion, nationality, sexual orientation, color, race or disability,
- a breach of contract (violation of an employment agreement),
- retaliation against employees who report a certain workplace violation (retaliation for whistleblowing.)
- Attempting to unionize,
- Refusing orders to participate in activity that would violate a labor law.
Also, wrongful termination attorneys specialize in representing individuals who believe they have been unlawfully fired from their jobs. These attorneys typically handle cases where an employee believes their termination violates federal or state employment laws, employment contracts, or public policy.
Here's what a wrongful termination attorney typically does:
Legal Consultation: They meet with clients to discuss the circumstances surrounding their termination and evaluate the legality of the termination.
Investigation: They conduct investigations to gather evidence, such as reviewing employment contracts, company policies, performance evaluations, and other relevant documents.
Legal Analysis: They analyze the evidence to determine if the termination was wrongful under applicable laws and regulations.
Strategy Development: They develop legal strategies to pursue the best possible outcome for their clients, which may include negotiation, mediation, or litigation.
Representation: They represent their clients in negotiations with employers, administrative hearings, and court proceedings if a settlement cannot be reached.
Advocacy: They advocate for their clients' rights and interests throughout the legal process, including presenting arguments, examining witnesses, and cross-examining opposing witnesses.
Settlement Negotiation: They negotiate settlements with employers on behalf of their clients, aiming to secure compensation for lost wages, benefits, emotional distress, and other damages.
Litigation: If necessary, they litigate cases in court, presenting evidence and legal arguments to a judge or jury.
Do I have a case for wrongful termination?
If you can prove that your employer has illegally fired you, you may have a case and can sue for wrongful termination.
Before you talk to a wrongful termination lawyer you must gather all your employment documents and find out if you were an at-will employee. Write down the details of your termination, including any co-worker interviews. The attorney will then analyse your case and determine if any employment laws were broken. If so, you can file your claim.
Usually employees try to deal with employment matters on their own before involving an Employment Attorney.
What’s the time limit to file a lawsuit for wrongful termination?
you have the right to file a claim with the EEOC usually within 180 days after the termination. After filing the claim you will then receive a notice of right to sue. At that point, you will have 90 days to sue the employer.
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A wrongful termination attorney will work to build a strong case on behalf of their client and seek to obtain compensation for lost wages, emotional distress, and other damages resulting from the wrongful termination.
Some common reasons for wrongful termination include discrimination based on age, race, gender, religion, or disability, retaliation for reporting harassment or other workplace violations, or termination in violation of an employment contract or public policy.
They may also provide advice and guidance to their clients on how to protect their legal rights in the future.
The attorney will typically investigate the circumstances surrounding the termination, review the employment contract, and assess whether there is sufficient evidence to support a claim for wrongful termination. Their main role is to help their clients to navigate the complex legal landscape surrounding employment law and to ensure that their rights are protected.
A wrongful termination attorney is a legal professional who specializes in representing employees who have been wrongfully terminated from their jobs. They may also negotiate with the employer or their legal representatives in an attempt to reach a settlement or take the case to court.
What's the value of the average settlement of a wrongful termination case?
- The average out-of-court settlement for employment discrimination claims is about $40,000.
- The average value of a court verdict in wrongful termination cases is around $45,000
- Ten percent of wrongful termination cases result in a verdict of ONE million or more.
What are the largest wrongful termination lawsuits awarded or settled?
A California surgical physician’s assistant was awarded over $167 million. $3.5 million in past and future lost wages, nearly $40,000 for pain and suffering and $125 million for punitive damages. She was subject to physical and verbal sexual harassment, unwanted sexual advances, demeaning sexual comments, inappropriate physical contact, bullying, and later she added claims of whistleblower retaliation against the former employer.
Arab-American FedEx ground/home delivery drivers, victims of ethnic discrimination and harassment were awarded $50 million in punitive damages and $11 million in compensatory damages. A total of $61 million employment verdict.
A California woman sued her former employer for disability discrimination, failure to engage in the interactive process, failure to accommodate, wrongful termination and retaliation. She received $528k in economic damages, $4.7 million in non-economic damages, $16.5 in punitive damages. A total of $21.8 Million.
After protesting fraudulent and predatory sales practices, a $20 million verdict for wrongful termination was awarded to a timeshare sales representative.
A ruck driver who was fired after he denied driving in stormy conditions received $6.25 Million.
Employee terminated after learning and reporting about sexual harassment was awarded $4 Million.
Female employee of Fortune 500 company was awarded over $2.5 Million after being fired for having protested the use of homophobic statements and slurs in the workplace by senior company executives.
A disabled employee whose employment was terminated following a medical leave received a $1.1 Million settlement.
Employee who was injured at work was awarded a $587,500 settlement for disability, medical leave, and retaliation claims.
A 60-year-old employee of a major financial institution filed suit after he was denied the right to take time off to seek psychiatric care for depression. He received a $545,000 settlement for failure to provide medical leave, disability discrimination (depression), failure to accommodate (provide time off work for hospitalization) and wrongful discharge.
A male field worker for a major energy company who protested the sexual harassment of female co-workers by supervisors received a $500,000 settlement for wrongful discharge and retaliation.
Other legal areas related to wrongful termination include:
Employment Law: This encompasses a broad range of issues related to the employer-employee relationship, including discrimination, harassment, wage and hour disputes, retaliation, and whistleblowing.
Labor Law: Labor law deals with the rights and obligations of workers and employers in the workplace, including collective bargaining, unionization, and strikes.
Contract Law: Employment contracts often govern the terms and conditions of employment, including provisions related to termination. Contract law principles may be relevant in cases involving breaches of employment contracts.
Civil Rights Law: Wrongful termination cases sometimes involve claims of discrimination or retaliation based on protected characteristics such as race, gender, age, disability, or religion, which fall under civil rights law.
Tort Law: In some cases, wrongful termination may give rise to claims for tortious conduct such as defamation, intentional infliction of emotional distress, or interference with contractual relations.
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