Being fired can be a stressful and challenging life event. But when you’ve terminated against the law, it can feel like your whole world has turned upside down. This is where an experienced wrongful termination lawyer can make all the difference.
The Crucial First Steps Post-Termination
If you believe you were terminated without any evidence, taking immediate action is essential. More than half of corporate directors admit that their boards have not understood labor policies, which can lead to wrongful terminations. Overlooking this complex area of employment law can have serious consequences.
Your priority should be to gather documentation related to your termination, performance, and time with the company. Save emails, performance reviews, employee handbooks, and anything else related to your employment. This creates a paper trail that your wrongful termination lawyer can use to build your case.
You’ll also need to take steps to preserve pertinent evidence, which may involve making copies of company data, records, or communications relevant to your termination. Your lawyer can guide you through this process. You’ll also need to take steps to preserve pertinent evidence, which may involve making copies of company data, records, or communications relevant to your termination. Your lawyer can guide you through this process.
Navigating the At-Will Employment Landscape
Most American employees work in at-will arrangements, which means they can be terminated for any reason without warning. However, there are important exceptions. About 40% of U.S. workers have witnessed or experienced workplace discrimination, which may violate employment contracts and lead to wrongful termination.
Be sure to contact an experienced wrongful termination lawyer in Los Angeles who understands the local laws and legal landscape. An experienced wrongful termination lawyer can help you understand if your case qualifies as an exception to at-will employment. For example, they may find evidence of:
- Implied contracts unwritten promises or assurances that alter at-will agreements
- Violations of good faith terminations made in bad faith against public policy norms
- Discrimination firings involving racial, gender, or age discrimination
- Whistleblower retaliation punishment for reporting illegal company practices
In-depth knowledge of state and federal laws allows a lawyer to argue your wrongful termination claim.
The Intricacies of Implied Contracts
While employment contracts are written documents, your lawyer may argue that an implied contract existed between you and your employer. Over $482 million was paid out in 2019 for employment discrimination cases, often tied to implied contracts.
A skilled lawyer can prove an implied contract existed through:
- Verbal assurances of job security and progressive discipline
- Company policies outlining termination processes
- Past precedents showing the company did not fire without cause
By demonstrating that a binding implied contract was broken, your wrongful termination lawyer can fight on your behalf even in an at-will employment arrangement.
Challenging Breaches of Good Faith and Fair Dealing
Beyond specific contracts, all employment relationships need good faith and fair dealing. However, approximately 5% of large companies still face workplace discrimination lawsuits that include claims of good faith breaches.
Your lawyer’s role is to prove your company acted in bad faith by:
- Failing to follow clear policies and assurances
- Discriminating against employees
- Retaliating against whistleblowers
By gathering testimony, communications records, and documentation of unfair practices, your lawyer can build a compelling argument that your employer violated good faith when terminating you.
Public Policy Violations: The Lawyer’s Expertise
Even if no binding contract existed, terminations violating public policy can still qualify as wrongful. Public policy generally refers to the basic obligations companies have toward society, employees, and the law.
Your lawyer’s specialized expertise is vital for identifying and arguing violations of public policy, which can include:
- Firing employees for reasons society views as unethical or illegal
- Retaliating against workers who report corporate misconduct
- Discriminating against employees based on protected characteristics like race or disability
They understand the complex patchwork of laws, precedents, and regulations governing public policy. Their guidance maximizes your chance of winning wrongful termination claims.
Discrimination and Retaliation: Building a Case
Two of the most common public policy violations are workplace discrimination and retaliation. But proving these claims requires in-depth legal knowledge and experience.
The burden lies on your lawyer to make the case that you were fired for discriminatory or retaliatory reasons. Key steps include:
- Finding patterns of discrimination toward groups with protected characteristics
- Establishing a timeline linking your complaints to next retaliation
- Producing direct communications, remarks, or testimony evidencing illegal motivations
Your lawyer must also follow strict legal procedures and meet deadlines imposed by state and federal laws. In cases involving intricate discrimination or retaliation claims, having an expert by your side is crucial.
The Subtleties of Fraud and Defamation in Termination
Beyond discrimination, some wrongful terminations involve clear fraud or defamation. For example, your employer may fabricate reasons to fire you. Or they may damage your reputation when letting you go to mask wrongdoing.
In these sensitive cases, your lawyer works to:
- Get proof of deceptive or misleading termination records
- Identify witnesses who can corroborate lies or misinformation used to justify firing you
- Gather evidence of defamatory statements meant to harm your future employment options
Meticulous evidence collection and documentation can reveal the truth in even the most complex fraud or defamation allegations.
Whistle-Blower Protections and Legal Advocacy
Terminating an employee for whistle-blowing violates public policy protections. If you were fired after reporting illegal activities by your employer, an experienced wrongful termination lawyer can assist you in seeking justice.
Key whistle-blower protections they can leverage include:
- Federal and state laws prohibiting retaliation
- Confidentiality and anonymity during litigation
- Potential for compensation through whistle-blower reward programs
With their guidance, you can feel empowered to come forward without fear, knowing the law shields you when your termination is retaliatory.
Conclusion
Wrongful termination cases need in-depth legal knowledge and meticulous investigation. An experienced wrongful termination lawyer guides you through the process, equipping you to fight back against unjust dismissals.
With their support, you can protect your rights and ensure employers are held accountable when public policy and ethical norms are violated. Trust in your indispensable advocate and take the first step by scheduling a free consultation with a local wrongful termination lawyer today.
FAQs
What are some telltale signs my termination may have been wrongful?
Warning signs of wrongful termination include disciplinary action without adequate documentation, firing shortly after making complaints, and stated reasons that seem fabricated or dishonest. Witnessing discrimination toward coworkers or policies applied can also state wrongful practices.
How much does a wrongful termination lawyer cost?
Most wrongful termination lawyers work on contingency, taking a percentage of any eventual settlement or judgment. Rates usually range from 30% to 40% if the case settled before trial, or 40% to 50% if it goes to court. Yet, costs vary by location and complexity. Many offer free consultations.
What damages or compensation can I recover from a wrongful termination lawsuit?
You may recover lost wages, reinstatement or severance pay, emotional distress, and reputational damages, punitive damages to prevent repeat offenses, and attorney’s fees. The value depends on your unrealized earnings, industry standards, and the maliciousness of the termination. An experienced lawyer can guide reasonable compensation.
With the right legal expertise by your side, you can seek justice after an unjust termination. Do not hesitate to contact a knowledgeable wrongful termination lawyer serving your area today.