what kind of an attorney do i need for injust fire

by Dr. Yesenia Quitzon 3 min read

If you believe your employer has fired you unjustly, speak with a wrongful termination attorney to go over your justification for a lawsuit. A wrongful termination lawyer can help if your employer fires you for an unfair reason.

If you have been wrongfully terminated, you need an employment attorney on your side who has a thorough knowledge of federal and state employment laws that protect workers against illegal actions by their employers.May 25, 2020

Full Answer

What type of lawyer do I need for a Miami house fire injury?

Nov 25, 2021 · Below we discuss wrongful termination and how an attorney can help you. "At-Will" Employment. Most employees in the U.S. work at will. In an at-will employment situation, an employer can fire an employee for any legal reason or no reason. However, at-will employees can't be fired for an unlawful reason.

What are the reasons to fire a lawyer?

A lawyer can review the facts and assess whether you have any potential legal claims. If so, a lawyer can help you think through what you want to do (if anything) to assert your rights. For example, you might want to try to negotiate a severance package, demand a settlement, or file administrative charges or a lawsuit against the employer.

Do I need an employment lawyer for a firing?

Jul 18, 2015 · What kind of lawyer do I need for a house fire at a rental. rented a home, I did not have renters insurance. The house had work done when previous tenants lived there. The wiring was done incorrectly, causing a light fixture to catch fire. I had informed my landlord there was an issue with the light constantly flickering but he never looked ...

How do you fire a lawyer without notice?

Jan 15, 2019 · Getting Help from an Experienced Fire Damage Attorney If your insurance company is using ambiguity in your policy to underpay you, it’s time to contact an experienced fire damage attorney . A lawyer who knows insurance law and has experience helping clients fight insurance companies to obtain what is rightfully theirs will able to help you get the settlement …

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What kind of law is wrongful termination?

Wrongful termination usually involves a breach of federal, state, or local employment laws, so it's best to work with an attorney who specializes in employment law. Most cases of wrongful termination are settled outside of court, but large cases with significant damages can go to trial.

When should I hire a wrongful termination lawyer?

A case of wrongful termination occurs when someone is fired from their position without justifiable cause. This could be due to discrimination or other harmful reasons. If you believe you've been fired without good cause, it's essential that you call a wrongful termination lawyer as soon as possible.Jun 16, 2020

Can you sue for unfair dismissal?

2. Suing Your Employer For Unfair Or Constructive Dismissal. You can be legally dismissed by an employer for a range of reasons, including misconduct, performance issues, redundancy, a statutory restriction or another substantial reason. However, there are also cases where an employer may dismiss an employee unlawfully ...Aug 3, 2021

Can you get compensation for unfair dismissal?

Compensation which consists of: A basic award – to reflect the fact that you have been unfairly dismissed; and. A compensatory award – to compensate you for financial losses suffered as a result of being unfairly dismissed; or.Apr 7, 2021

What is Victimisation discrimination?

Discrimination which is against the Equality Act is unlawful. ... Victimisation is when someone treats you badly or subjects you to a detriment because you complain about discrimination or help someone who has been the victim of discrimination.

Can I take my employer to court for unfair treatment?

It might be against the law if you're being treated unfairly or differently at work because of who you are, such as being disabled or being a woman. If it is, you can complain to your employer or take them to an employment tribunal.

Why is performance review important?

Performance reviews and employment evaluations are important in determining whether you were treated differently than other employees. If you were consistently rated highly during your employment but were fired for poor performance, your employer may have been covering for an unlawful reason of termination.

What to do if you are terminated for poor performance?

If you were terminated for poor performance, your attorney will want to review any documents related to your performance during your employment and up until your termination. Performance reviews and employment evaluations are important in determining whether you were treated differently than other employees.

Can an employer fire an employee for no reason?

Most employees in the U.S. work at-will. In an at-will employment situation, an employer can fire an employee for any legal reason or no reason. However, at-will employees can't be fired for an unlawful reason. Unless an employee has a contract with their employer saying otherwise, most employees in most states are presumed to be at-will employees.

What damages can an employee recover from wrongful termination?

In a wrongful termination case, damages that a terminated employee may recover include lost pay, lost benefits, possible emotional distress damages, and potential punitive damages. Additionally, if you prevail against your employer you may be entitled to attorney's fees.

Can an employer fire someone for a violation of a contract?

An employer can't legally fire anyone for a reason that breaches an employment contract or violates the law. Unlawful reasons for termination include firing in violation of anti-discrimination law, firing as a form of sexual harassment, firing in violation of labor laws, and firing in retaliation for an employee's complaint against the employer.

What to do if you are fired for illegal activities?

If the circumstances of your firing suggest that it might have been illegal, you may want to consult with an employment lawyer. A lawyer can review the facts and assess whether you have any potential legal claims. If so, a lawyer can help you think through what you want to do (if anything) to assert your rights.

Can an attorney text you?

Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

Can you be fired for being laid off?

Many fired employees don't: Because employees are generally presumed to work "at will," they can quit at any time, and they can be fired at any time, for any reason that isn' t illegal.

Can an at will employee be fired?

Even at-will employees can't be fired for discriminatory reasons, in retaliation for reporting harassment or other wrongdoing, or because they exercised a legal right, for example. In this situation, an employee should consider consulting with an employment attorney.

Is it illegal to fire an employee?

It's illegal to fire an employee because of race, color, national origin, religion, sex, disability, genetic information, or age (if the employee is at least 40 years old); state and local laws often protect additional characteristics, such as marital status, sexual orientation, and gender identity. Retaliation.

Can an employer fire an employee for gross misconduct?

If an employee has a contract agreeing that the employee may be fired only for certain reasons (such as committing financial malfeasance or gross misconduct), the employer may fire the employee only for those reasons. Otherwise, the employee may have a claim for breach of employment contract.

What to do if you don't have renters insurance?

You should speak to an attorney that specializes in landlord/tenant issues. Since you do not have renter's insurance, in order to collect anything you are going to have to prove that the landlord had an obligation to you that they did undertake. Based on what you have provided here, it does not sound like you have much evidence that the landlord was put on notice of a major issue however an attorney in your area...

Can a landlord sue you for a failure to carry out his duties?

You will want to speak with an attorney that is knowledgeable in both landlord-tenant law and litigation, as you may need to bring a lawsuit against your landlord, alleging a failure of one or more duties owed toward you. It is not clear from the facts that you state whether he did in fact fail to carry out any of his duties, but it's something you should explore more closely with an attorney.

What to do after a fire?

After a fire, when your family’s safety is ensured, one of the first things you should do is contact your insurance company. They will send out an adjuster, who will assess the fire damage. To protect yourself from scammers, make sure you get the adjuster’s name from your insurance company and verify their identity before letting them into your home.

Does a homeowner's policy cover fire damage?

Besides covering smoke and fire damage, your policy should cover any damage firefighters might have caused while putting out the fire. It might also provide coverage for normal living expenses if you can’t live in your home while it’s being repaired, debris removal, and damaged landscaping.

What does AV mean in law?

Imran Malik, rated AV® Preeminent, by Martindale-Hubbell, is the founding member of Malik Law P.A. An AV® Rating signifies that a lawyer has reached the heights of professional excellence. He has practiced law for a number of years, and is recognized for the highest levels of skill and integrity by fellow attorneys in his area of practice. Martindale-Hubbell is the oldest and most trusted lawyer information service in America.

What does a fire insurance policy cover?

Some policies may cover damage only inflicted by the fire itself, while others will cover problems stemming from the fire including smoke and water damage.

Is a fire a stressful experience?

At Morgan & Morgan Insurance Recovery Group, our attorneys understand that the aftermath of a fire can be a stressful experience, especially when a valid insurance claim is denied. After paying costly insurance premiums, homeowners expect that claims submitted for compensation will be honored. In some cases, this expectation has proven to be too high, as we have witnessed insurance companies habitually deny valid claims without explanation.

Can you file a wrongful termination lawsuit if you are fired?

And even at-will employees may have grounds for a wrongful termination lawsuit if they are fired for discriminatory reasons, in retaliation for reporting workplace problems, or in violation of public policy.

What happens if an employer fires you?

If your employer fires you for reasons that are not allowed by the agreement, you have a legal claim for breach of contract. Not all employment agreements are written: You may have an oral or implied contract with your employer, too. An oral contract is simply an agreement that is stated aloud rather than put in writing.

Can you be fired for poor performance?

Most employees in the United States work at will, which means they may be fired at any time, for any reason that is not illegal. It is perfectly legal for an employer to fire an at-will employee for poor performance, to cut costs, to make room for a more qualified candidate, or even for personal reasons. However, not all employees work ...

What is implied contract?

In the employment relationship, some courts have found implied contracts to exist when, for example, the employee handbook includes statements about firing only for good cause or promises that employees will have the benefit of progressive discipline before being fired, managers have made statement s promising continued employment, and so on. ...

Can an employee sue for wrongful termination?

Violation of Public Policy. In many states, an employee may sue for wrongful termination in violation of public policy if the employer’s reason for firing goes against what society deems fair and legitimate.

Can an employer fire you for good cause?

If you have a written employment agreement that limits your employer’s right to fire you, then you are not an at-will employee. For example, your contract might say that you can be fired only for good cause or only for certain types of misconduct (such as criminal activity or financial misdealings). Or, your contract may spell out procedural safeguards that must be observed before you can be fired, such as progressive discipline or an internal dispute resolution process. If your employer fires you for reasons that are not allowed by the agreement, you have a legal claim for breach of contract.

Can you be fired for discrimination?

Even at-will employees may not be fired for reasons that are discriminatory. Under federal law, employers may not fire employees because of their race, color, national origin, religion, sex, age, disability, or genetic information. Almost all states have their own laws prohibiting discrimination, and some of them include more protected categories. In California, for example, employees may not be fired based on their sexual orientation; Illinois prohibits employers from discriminating based on employee credit history.

Why is my lawyer not returning my calls?

Reason #1: Your lawyer isn’t returning your calls. Lack of communication is a big problem for some law firm clients. Yes, legal practices are very busy. They have lots of clients — not just you. However, before a lawyer signs on to take your case, they need to know if the firm has the capacity to handle it. There’s no excuse for not returning phone ...

What do you need to know before hiring a personal injury lawyer?

Before you hire an attorney, you’ll sign a contract that sets forth the lawyer’s fees. Most personal injury lawyers work on a contingency basis, which means they get paid a percentage of the damages you receive. However, they’re also going to charge you for additional expenses that come up while the case is in process.

How to terminate a contract?

Hire a new lawyer first, and then fire the old one. Write a termination letter. Any time you modify or terminate a contract, it must be in writing.

Can you return a phone call?

There’s no excuse for not returning phone calls or emails within a reasonable amount of time. Be aware that your calls might be returned by an assistant or paralegal — you might not always be able to get your lawyer on the phone.

What is zealous representation?

Your lawyer has a duty to pursue your legal action with zealous representation. That’s legal-speak for the concept that the lawyer should do everything that’s reasonably feasible to advocate for, or represent, their client. Almost every law student is taught about zealous representation in law school, but some might forget or become less motivated as the years go by.

Can a lawyer lie?

Your lawyer is also bound by the laws in your state and their code of ethics. You can’t expect them to lie, nor can you expect them to cover up evidence (or fabricate evidence). Doing so would put them in a position that could jeopardize their career, license, and reputation.

What is an estate planning lawyer?

The estate planning lawyer specializes in wills and trusts, and can help you to draw up a will to pass on your assets. Among other estate planning legal services, this type of lawyer can help you set up a trust which will help take care of your children’s financial needs.

Do doctors make mistakes?

Doctors do occasionally make mistakes, and if you’re facing the consequences of a medical mistake such as a medical misdiagnosis or inaccurate treatment, a lawyer who specializes in medical malpractice issues can be particular helpful.

What is an IP lawyer?

Also known as an IP attorney, an intellectual property lawyer can advise you with regard to issues relating to intellectual property, such as copyrights, trademarks, patents, industrial design and trade secrets.

What is an employment lawyer?

Employment Lawyer. Whether you’re a company that’s having a problem with an employee, or an individual who’s having problems with the company you work for, an employment lawyer can generally provide advice about legal issues which arise from an employment contract or within an employment relationship.

What can a corporate lawyer do for you?

A corporate lawyer will be able to help you with issues related to the formation of your corporation, general corporate governance issues and corporate compliance issues.

What is a worker's compensation lawyer?

If you’ve been injured while on the job, or have had to face the death of a loved one as a result of a workplace accident or occupational disease, a lawyer who specializes in workers compensation law can help you navigate the issues you face, such as the extent of the employer’s fault and the amount of benefits to which you are entitled.

What is general practice law?

Unlike lawyers who specialize in a particular area of law, a general practice lawyer has a practice that handles a wide range of legal issues. Different general practice attorneys will have different areas of law with which they are most comfortable, so if you consult with a general practice lawyer, it’s always prudent to discuss his or her experience in handling the type of legal issue you’re facing.

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