what type of attorney deals with wrongful termination due to health

Where can one find a wrongful termination attorney?

The victims of wrongful termination may be eligible for damages including: Lost Wages and Benefits: Plaintiffs are often awarded compensation for the earnings and benefits they’ve lost. Emotional Distress: In some cases, victims are awarded damages for emotional distress (also known as pain and suffering). Punitive Damages: In severe cases ...

What does a wrongful termination attorney do?

Jun 30, 2017 · Calm down, compile any evidence you can and contact a Los Angeles wrongful termination attorney at The Rager Law Firm to determine the potential of the case. Every claim is different and some types of wrongful termination cases are more successful than others. Illegal Discrimination and Harassment

Do you need a wrongful termination lawyer?

Nov 25, 2021 · In evaluating your case, your attorney will consider your financial losses. 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.

How to present Your wrongful termination case to an attorney?

Sep 22, 2008 · Health-based wrongful termination and the law. The ADA prohibits wrongful termination based on disability. The law defines a disability as a physical or mental impairment that substantially limits one or more major life functions, such as hearing, seeing, walking, speaking, breathing, thinking, caring for oneself, or performing manual tasks.

On what grounds could such a termination be considered a wrongful discharge?

To be wrongfully terminated is to be fired for an illegal reason, which may involve violation of federal anti-discrimination laws or a contractual breach. For instance, an employee cannot be fired on the basis of her race, gender, ethnic background, religion, or disability.

Can you lose your job because of a medical condition?

It is illegal for your employer to terminate you based on a medical condition unless the medical condition stops you from performing essential job duties, even with reasonable accommodations.

What are the 5 fair reasons for dismissal?

A run-down of the most common reasons to dismiss an employee.Failure to do the job. Perhaps the most obvious (and arguably fairest) reason would be an employee's failure to do their job properly. ... Misconduct. Another common reason for dismissal is misconduct. ... Long term sick. ... Redundancy.

Can an employee be terminated while on medical leave?

Can you terminate an employee while they are on sick leave? Under the Fair Work Act 2009 it is unlawful to terminate the employment of an employee due to their absence from work due to an illness or injury. However, you can possibly terminate an employee while they are absent, e.g. due to redundancies.

What 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. If you believe there’s a good chance your case will require ...

What is the right of an employee to file a complaint against an employer?

Retaliation – employees have the right to file complaints against unlawful activity without being retaliated against by their employer. Employees also have the right to participate in employment-law-related investigations and lawsuits without fear of retaliation .

Do I have to file a civil suit against my employer?

You are required to submit a federal complaint before filing a civil suit against your employer, and it’s helpful to have an attorney that can help you present a strong case in both the federal complaint and your civil case.

Can an employee be fired for breach of contract?

Breach of contract – employment contracts supersede at-will employment laws, so employees with an employment contract can only be fired for the reasons outlined in the contract.

Can a wrongful termination be punitive?

Punitive damages rarely apply in wrongful termination cases. Most successful wrongful termination actions are settled outside of court, usually by reaching a lump-sum settlement or increasing the employee’s severance package.

What is wrongful termination?

A wrongful termination from breach of contract is when an employer lets you go when there is a contract stating that you will be working for the company for a certain period of time. The contract will also include reasons for potential termination.

What are the protected characteristics of wrongful termination?

Some of these protected characteristics are sex, religion, national origin, age, disability and citizenship status. Harassment wrongful termination must also be because of a protected characteristic.

Why is harassment wrongful termination considered a protected characteristic?

Harassment wrongful termination must also be because of a protected characteristic. This means an employer is harassing you based on your religion. Former employees will need to provide evidence to their attorneys that will substantiate their claim.

Why are employees fired?

For example, an employee has been fired due to retaliation for reporting discrimination by the employer.

What are the laws against whistleblowing?

Whistleblowing laws prevent retaliation against employees who report illegal activities like filing false tax returns or shareholder fraud. Retaliation claims often overlap with discrimination and harassment claims. Many employees have been terminated for reporting an employer who has been illegally discriminating against others. For example, an employee has been fired due to retaliation for reporting discrimination by the employer. A Los Angeles wrongful termination attorney will need to decide whether to include both situations in the lawsuit and how much evidence is viable in the case.

What can an attorney do for a termination?

An attorney can work with you to review your contract and determine if a stated reason for termination is contemplated by the contract. In some cases, an employer's policies can provide discipline procedures. An attorney can work with you to determine if your employer had a discipline policy it failed to follow.

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.

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.

Why do I get fired?

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 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 can a wrongful termination lawyer do?

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.

What to do if your employer fired you unjustly?

If you believe your employer has fired you unjustly, speak with a wrongful termination attorney to go over your justification for a lawsuit.

How to work up emotional damages in an employment case?

The best way to work up emotional damages in an employment case is to find and define misconduct on the part of the defendant which caused the emotional distress and which will anger a jury.

What is the plaintiff's emotional distress?

Plaintiff’s attorney and, his or her expert should be very careful to make sure that the evidence indicates that the plaintiff is suffering from emotional distress due to the actionable misconduct of the employer, as opposed to the general stress in the workplace which would be worker’s compensation precluded.

What is the role of an expert witness in a sexual harassment case?

The expert must be able to explain how the harassment injured the plaintiff , why the plaintiff stayed in the harassing situation as long as she did and the extent of the plaintiff’s damages.

Why should an expert witness testify before a jury?

The essential strategic reason for calling the expert first, is, so that the expert can explain the plaintiff, the plaintiff’s behavior, and the plaintiff’s presentation as a witness before the jury judges the plaintiff for themselves.

What is the emotional distress argument?

The emotional distress argument itself should focus upon what a job means to a person in our society. The dignity that work provides, the opportunity for people to perform small heroics, and, most importantly, the opportunity work gives people to feel good about themselves.

What should an expert be retained to explain?

If, on the other hand, the plaintiff is seriously debilitated by the wrongful conduct of the employer, then, an expert should be retained to explain, 1) why the plaintiff had the severe reaction, and, 2) the nature of the severe reaction.

Why did the court in Ellison v Brady create the “reasonable woman” standard?

Brady (9th Circuit, 1991) 924 F.2d 872 created the “reasonable woman” standard to avoid jurors applying apparently the more lenient “reasonable man” standard. In other words, while most men might not be offended by an off-color joke, the instruction to the jury is whether or not the typical woman might be.

What is wrongful termination?

This is termed wrongful termination, wrongful discharge, or wrongful dismissal. There are many scenarios that may be grounds for a wrongful termination lawsuit, including: Firing an employee out of retaliation. Discrimination.

What happens if you are fired without cause?

If you believe you may have been fired without proper cause, our labor and employment attorneys may be able to help you recover back pay, unpaid wages, and other forms of compensation.

What are the forms of unfair labor practices?

Unfair and discriminatory labor practices against employees can take many forms, including wrongful termination, discrimination, harassment, refusal to give a reasonable accommodation, denial of leave, employer retaliation, and wage and hour violations.

What is workplace harassment?

When workers are subjected to slurs, assaults, threats, ridicule, offensive jokes, unwelcome sexual advances, or verbal or physical conduct of a sexual nature, it can be considered workplace harassment. Similar to workplace discrimination, workplace harassment creates a hostile and abusive work environment.

What is FMLA in healthcare?

Under the Family Medical Leave Act (FMLA), employers must offer unpaid leave time to employees with a qualifying family or individual medical situation, such as leave for the birth or adoption of a baby or leave to care for a spouse, child, or parent with a serious health condition.

What is defamation in the workplace?

Defamation is generally defined as the act of damaging the reputation of a person through slanderous (spoken) or libelous (written) comments. When defamation occurs in the workplace, it has the potential to harm team morale, create alienation, or even cause long-term damage to a worker’s career prospects.

What does it mean when an employee is forced to tolerate sexual harassment?

For example, an employee may be forced to tolerate sexual harassment from a manager as a condition of their continued employment.