what kind of attorney do i need if i am fired unjustly

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.

Full Answer

Do I need an employment lawyer for a firing?

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.

What should I do if I was unjustly fired from my job?

Nov 25, 2021 · If you believe you have lost your job for an unlawful reason, you may have a claim for wrongful termination against your former employer, even if you were fired "for cause." Because bringing a wrongful termination action can be challenging and involve complicated legal proceedings, it may be in your best interests to consult with an attorney.

Do I have any legal claims against my employer if I'm fired?

What Should I Do? If you believe that you have been unjustly fired, your best first step is contacting an attorney. An attorney will help you investigate the facts surrounding your termination to determine if it meets legal standards for a wrongful termination. If so, you and your attorney can start building a case against your former employer.

How does an attorney analyze a wrongful termination case?

Dec 17, 2021 · Talk to a Lawyer Before Filing a Wrongful Termination Claim. If you've been wrongly fired, you may have rights to severance pay, damages, and/or unemployment compensation. Speak with an experienced employment law attorney to understand your rights. You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help.

What a Wrongful Termination lawyer can do for you

Wrongful termination attorneys will examine the circumstances of your employment termination and analyze if there are grounds for a wrongful termination lawsuit. Many circumstances where employees are fired or laid off seem unfair but are not necessarily unlawful.

Why hire a Wrongful termination attorney

A wrongful termination lawyer can help if your employer fires you for an unfair reason. Wrongful termination occurs when your employer breaks an employment agreement with you, violates an employment or anti-discrimination law, or fires you in retaliation for whistle-blowing or for filing a sexual harassment or workers' compensation claim.

Did you know?

A lawyer that handles wrongful termination cases usually charges on a partial contingency basis, but some attorneys may charge 30-40% in a contingency agreement if your case succeeds.

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.

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.

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.

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.

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 to do if you are fired from a job?

Talk to a Lawyer Before Filing Your Wrongful Termination Claim. If you've been fired, you may have rights to severance pay, damages, or unemployment compensation. In certain circumstances, you may also have a valid claim for wrongful termination against your former employer. Speaking with an experienced employment law attorney can help you ...

What to do if you are laid off and fired?

If you have been laid off or fired recently, and believe that you may have lost your job for an unlawful reason, you may have a right to bring a claim for wrongful termination against your former employer. Legal remedies that may be available for a layoff include money damages and, if you haven't been officially released yet, negotiation for an appropriate severance package that includes adequate compensation and unemployment benefits while you hunt for a new job.

Why is it illegal to terminate an employee?

Illegal reasons for termination include: Firing in retaliation for the employee's having filed a complaint or claim against the employer. Some of these violations carry statutory penalties, while others will result in the employer's payment of damages based on the terminated employee's lost wages and other expenses.

What are the reasons for termination?

Illegal reasons for termination include: 1 Firing in violation of federal and state anti-discrimination laws; 2 Firing as a form of sexual harassment; 3 Firing in violation of oral and written employment agreements; 4 Firing in violation of labor laws, including collective bargaining laws; and 5 Firing in retaliation for the employee's having filed a complaint or claim against the employer.

What is the exception to at will employment?

Some courts don't recognize the "good faith and fair dealing" exception to at-will employment.

How to sue for defamation?

To sue for defamation, you must usually show that your former employer: made a false statement about you. made the statement with malice (that is, knowing that it was false or with reckless disregard to its falsity) told or wrote that statement to at least one other person, and. harmed you in some way by communicating the statement—causing you ...

What is whistleblowing law?

Whistle-blowing laws protect employees who report activities that are unlawful or harm the public interest. Some states protect whistle-blowers who complain that their employer broke any law, regulation, or ordinance at all. Other states give employees whistle-blower protection only when they report that their employer broke certain laws, such as environmental regulations or labor laws.

What does whistleblower protection mean?

Some states protect whistle-blowers who complain that their employer broke any law, regulation, or ordinance at all. Other states give employees whistle-blower protection only when they report that their employer broke certain laws, such as environmental regulations or labor laws.

What does it mean when you have a written contract?

Written Promises. If you have a written contract or other statement that promises you job security, you have a strong argument that you are not an at-will employee. For example, you may have an employment contract stating that you can only be fired with good cause or for reasons stated in the contract.

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.

What is a breach of good faith and fair dealing?

Breaches of Good Faith and Fair Dealing. If your employer acted unfairly, you may have a claim for a breach of a duty of good faith and fair dealing. Courts have found that employers breached the duty of good faith and fair dealing by: firing or transferring employees to prevent them from collecting sales commissions.