Wrongful Termination Legal Advice
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. If you think you were wrongly fired, talk with one of our wrongful termination lawyers to see if the circumstances of your firing justify a claim.
How Do I Find The Best Lawyer For Wrongful Termination?
When trying to decide on which one of the many Attorneys for wrongful termination to choose from you might want to consider the following points:
- Are you comfortable telling the lawyer personal information?
- Does the lawyer seem interested in solving your problem?
- How long has the lawyer been in practice?
- Has the lawyer worked on other cases similar to yours?
- How are the lawyer’s fees structured – hourly or flat fee?
- Can the lawyer estimate the cost of your case?
- Is the lawyer’s office conveniently located?
Not Sure What Questions To Ask A Wrongful Termination Lawyer?
Below are a few questions that you should ask the lawyer if you are looking for some wrongful termination legal advice:
- How long have you been in practice?
- How many cases like mine have you handled?
- How often do you settle cases out of court?
- What are your fees and costs?
- What are the next steps?
If you were fired illegally, it’s usually in your best interests to at least consult with an employment lawyer before you pursue your case. And, in many cases, you’ll need to hire a lawyer to win, especially if you end up filing a lawsuit against your employer. But, unless you happen to know an employment lawyer, how do you find one?
What Kind of Lawyer Do I Need?
If you have a wrongful termination case, you’ll need to hire a lawyer with expertise in employment litigation. This means someone with experience filing and winning lawsuits against employers for illegally firing their employees. These lawyers usually identify themselves as “employment lawyers” more generally, or “wrongful termination lawyers” more specifically. Most lawyers exclusively represent either employees or employers, so be sure to look for one who represents workers.
There are several different ways to find a lawyer, including personal referrals, bar associations, and legal directories.
Where Can I Find an Employment Lawyer?
It might take a little bit of research and patience to find the right employment lawyer. There are several different ways to find a lawyer, including personal referrals, bar associations, and legal directories.
Word of mouth is a great way to find a good lawyer. Start by asking your friends or family if they can recommend a good employment lawyer. If someone gives you a recommendation, ask what the person specifically liked about the lawyer and whether the person was satisfied with the outcome of the case.
Other lawyers are also a good source of referrals because they often have expansive networks. If you have an estate lawyer or divorce lawyer, for example, chances are good that he or she can recommend an employment lawyer.
Bar associations are professional organizations of lawyers. Each state has a bar association, and many cities or counties have one. These bar associations often have lawyer referral services, usually for a small fee (between $25 and $50). If you sign up for these services, you’ll be asked to provide some information about your case. You’ll then be matched up with one or more employment lawyers for a consultation.
How Do I Choose a Lawyer?
Once you’ve narrowed down your list to a few lawyers, you should do a little bit of background research. Many state bar associations have websites where you can search for attorneys by name to make sure they’re licensed and to see if they have a history of any ethics violations. Most lawyers also have a website where you can learn more about their experience handling wrongful termination cases.
You should call up the lawyers that you’re interested in hiring to set up a consultation. Some employment lawyers offer free initial consultations, either over the phone or in person. However, others charge for these meetings, so be sure to find out about cost beforehand.
If you need a wrongful termination lawyer in Ohio, New Jersey or New York please call us at 855-596-4657 or complete our contact form.
What To Do If You've Been Wrongfully Terminated
Firing employees can be a process that causes you some backlash later if you have not dotted all your i's and crossed all your t's. Of course as the boss you do have the right to hire or let go workers. With firing though, there are certain safeguards that you really need to take to ensure you are protected from an unfair dismissal claim. Know the law and protect yourself, as you can only fire a worker under the right circumstances. The law is laid out in the Employment Rights Act (1996).
It is quite a detailed and fairly clear act and states there are several circumstances where letting a person go is considered to be unquestionably unfair. If any worker is dismissed on one of the stated grounds they have a right to lay an unfair dismissal claim whether they have been working for a week or a number of years. Other grounds do exist, but they have a one- year qualifying period.
What constitutes unfair dismissal? Workers absolutely cannot be let go for participating in trade union activities or for refusing to join one. They are allowed to carry out such duties when appropriate. If a trade union worker is declared redundant, that is the basis for a claim.
Any firings based on race, colour, creed, gender or other well-known and documented human rights issues is unfair and would result in a claim almost immediately. There are two ways this could careen out of control - either a claim for unfair dismissal or a discrimination suit. The discrimination suit would be very stiff. Dismissal on the grounds of being pregnant or taking maternity leave is automatic as it is for those let go for taking parental or adoption leave.
If you sought more flexible work hours or asked for equal treatment as a part time worker and lost your job because of that, you have grounds for an unfair dismissal claim.
The number of grounds stated in the act are fairly exhaustive and do include other things like being turfed for asking for the minimum wage and asking for someone to go with you to a disciplinary hearing. The law relating to this area of employment is volatile and liquid, so it is best to keep up with what is going on. This of course is difficult to do if you are trying to run a company at the same time. Outsourcing is the perfect answer. Get professional advice from a firm that can help you through the legal jargon. Unfair dismissal cases are long and involved and can cause some serious problems for your company.
The Employment Tribunal
Sometimes employment law can be difficult to comprehend. Here are three common work place situations and their legal ramifications.
1: DISMISSAL DUE TO ILLNESS
There are three potential areas of legal exposure:
· unfair dismissal;
· unlawful termination; and
From time to time an employee will have to leave your employment due to long term health issues. They may decide to resign or you may have to eventually consider dismissing them. It is beneficial to consider as many ways possible to help them back to work - dismissal should be a last resort and could be deemed unfair if not managed properly.
If continued employment is no longer achievable because there are no reasonable adjustments that can be made, it may be fair for you to dismiss them.
The Fair Work Act 2009 states that an employer must not dismiss an employee because the employee is temporarily absent from work due to illness or injury.
The Fair Work Regulation 2009 provides that it is not a "temporary absence" if the employees absence from work extends for more than 3 months, or the total absences of the employee, within a 12 month period, have been more than 3 months. The employer still requires a valid reason to dismiss the employee, even if the employee has been absent on unpaid leave for three months or over.
We suggest you ask the employee to provide medical information on his capacity for work and what support he might need to return to work.
2: EVIDENCE OF ILLNESS
You can insist on employees providing evidence that would satisfy a reasonable person that they are entitled to sick leave, for example, a medical certificate or statutory declaration. That being said there is no specific timeframe as the timeframe required is "as soon as practicable".
For this reason you should devise a written policy that stipulates that your employees provide such information within a specific timeframe. Your policy should also specify that your employees inform their manager directly of their absence (when possible), or phone their manager within a certain timeframe to explain why they cannot make it to work and when they expect to return.
3: NOTICE OF REDUNDANCY
When dismissing an employee it is necessary to give them notice. The notice commences when the employer tells the employee that they want to end the employment. If you notify them of their redundancy just before leave, the time spent on annual leave will count towards their notice period.