Employment Law Wrongful Termination East Orange

Wrongful Termination East Orange

In East Orange, “employment-at-will” laws mean that employers can terminate the employee at any time for any reason. Likewise, an employee may decide to quit for any reason – or for no reason at all – without warning. These laws mean that, in most cases, you do not have legal recourse if you have been discharged from your job, even if there didn’t seem to be any basis for the termination.

In certain cases, however, employment termination is an actionable offense. These scenarios include:

  • You were terminated because of illegal discrimination
  • Your termination was a form of employer retaliation
  • You were discharged in an attempt to prevent you from collecting or obtaining deserved benefits

There are several other situations that could constitute wrongful termination. If you have reason to believe that you were discharged for an illegal reason or on the basis of discriminatory action on the part of your employer, it is crucial that you seek experienced counsel from one of our employment lawyers who is thoroughly familiar with this field of law. You could be entitled to monetary benefits.

Our wrongful terminations attorneys have represented numerous victims of wrongful termination and are prepared to put this experience to work for you. Get help from a firm that is solely dedicated to protecting the rights of workers, unlike other firms in the area.

 

Call 855-596-4657 today to set up an initial case consultation at the firm’s East Orange location.

What Is a Wrongful Termination?

A wrongful termination is any firing that is illegal. A firing is illegal when it:

  • Violates a federal, state, or local law, or
  • Violates an employment contract.

Just because a termination is unfair doesn’t make it illegal. For example, it might be unfair for your boss to fire you so he can hire his inexperienced niece or nephew. However, because there’s no law against nepotism, you wouldn’t have a wrongful termination claim.

Violation of Federal, State, or Local Laws

The default rule in the United States is “at-will employment.” This means employers can fire employees at any time, for any reason. However, there is one important exception to this rule. Employers cannot fire at-will employees for illegal reasons. Federal, state, and local laws carve out a handful of reasons that are illegal. For example, it’s illegal to fire employees due to their race or gender.

Violation of Employment Contract

Employees no longer work at-will when they have an employment contract. We usually think of employment contracts as being written, but they can also be formed by words and actions. (See our article explaining how employers create employment contracts and alter at-will employment.) A contract employee cannot be fired if it would violate the terms of the contract. Typically, this means that employers cannot fire employees with having a good reason (called “cause”) before the term of the contract is up. Employers also can’t fire contract employees in violation of state, federal, or local laws.

How Do I File a Wrongful Termination Claim?

If your wrongful termination claim is based on discrimination or harassment, you will need to file an administrative complaint first (called a “charge”). You must typically file your charge with the Equal Employment Opportunity Commission (EEOC)—or a state agency that enforces antidiscrimination laws—within 180 days of the discrimination or harassment. The EEOC or the state agency will investigate your complaint and decide whether to take action. Most of the time, the EEOC will simply issue a “right-to-sue” letter, which allows you to file your wrongful termination lawsuit in court.

The process of filing an EEOC charge is relatively simple. You can file your claim in person at one of the EEOC’s local field offices or you can file your claim by mail. To file by mail, send a letter to the EEOC with your contract information, your employer’s contact information, an explanation of how you were discriminated against or harassed, and when these events happened. You must also sign your letter.

While you don’t need a lawyer to file an administrative charge, it’s often helpful to do so, especially if you plan on filing a lawsuit down the road. Once you file your claim, the EEOC will speak to you, your employer, and any relevant witnesses. The information that the EEOC gathers can be used as evidence in your subsequent wrongful termination lawsuit. The EEOC may also try to facilitate a settlement negotiation between you and your employer. A wrongful termination lawyer will ensure that you’re receiving a fair offer and that you don’t give up any rights that you shouldn’t.

For most other types of wrongful terminations claims, you aren’t required to file a claim with an administrative agency first (although you may have the option). You can go straight to filing a lawsuit in court. For this, you will almost certainly need the assistance of an employment lawyer.


Can I Sue A Company For Wrongful Termination

Constructive Discharge: Were You Forced to Quit Because of Intolerable Working Conditions?

Wrongful termination is defined as an employee who was fired from their employment against company policies or for reasons that are not legal. There are several important factors to consider if you think that you might have been wrongfully terminated.I Think My Contract Was BreachedIf you had a contract or other bargaining agreement with your employer, then your employer must be sure to follow contractual obligations when firing you, or they may be liable for wrongful termination. Employee handbooks and guidelines are not equivalent to a contract. If you think that your contract has been violated, you should contact an attorney who is familiar with wrongful termination and contractual law in order to get a professional opinion about any possible violations.I Didn't Have a Contract But Still Think I Was Wrongfully Terminated If there isn't a contract, your employer doesn't need a reason to fire you. Your employment is considered employment at-will, in which your employer is able to fire you and you are able to quit your job as desired. If you feel your firing was unfair, it doesn't necessarily mean that you have been wrongfully terminated.Wrongful termination does happen, though, and employees who were fired are eligible for protection, provided that they were truly wrongfully terminated. Besides breaches in contract, wrongful termination includes:· Discrimination: racial, religious, sexual or other· Violations of state laws (such as a violation of state laws dictating maternity leave)· Employer retaliation (such as firing an employee for whistle-blowing or refusing to participate in illegal activities)If you think that you have been wrongfully terminated, the first step is to file a complaint. The reason for your wrongful termination will determine who you file your complaint with. If you suffered from discrimination, your complaint should be filed with the Equal Employment Opportunity Commission. You have only 180 days after being fired to file a complaint with the EEOC, and fewer if you worked for the federal government. Breaches in contract will most likely need to be filed with your state's labor office.If you are confused about how to file a claim or with whom to file it, you should contact your state labor office or an attorney who specializes in wrongful termination, discrimination, or contractual law.In most states, you must file a complaint before you are able to pursue a lawsuit against an employer. Making sure your claim is solid and accurate will increase the chances that your claim is upheld and that you are able to proceed with a lawsuit, so contacting an attorney early on can pay off later. If your claim makes it to the lawsuit stage, you will be able to ask for certain damages stemming from your wrongful termination: · Lost wages or unemployment benefits· Severance Packages or Job Reinstatement· Punitive Damages· Unclaimed Benefits· Attorney FeesWrongful termination is against the law and employers who engage in it can be held responsible for their actions. Your state labor office or an attorney who specializes in employment or discrimination law can help you in your legal process.

The Employment Tribunal

Suing Employer For Wrongful Termination

Wrongful termination occurs when you are fired in a way that violates public policy and may include situations where you were forced to resign (called constructive discharge). If your employer fired you, or asked you to resign, or if you quit because you felt working conditions were intolerable, you may have a case for wrongful discharge. You need to contact a lawyer and schedule an initial conference with him or her. To make that first meeting as fruitful as possible, you need to provide copies of a number of documents for the lawyer to review. There is a useful list of 18 things your lawyer may want to review presented at: http://employment.findlaw.com/articles/2563.html . A key item for review is a diary or chronology, or a written journal of events, with dates of important employment problems, any opposition you made to employment policies or practices, any participation you may have had in investigation of any discrimination complaint, meetings, and adverse actions taken against you. If you kept such a journal, good; make a copy. If not, start recreating the series of events from memory, emails, documents, your calendar, and whatever else can help jog your memory. This is done most easily on a computer, either as a table in Microsoft Word or as a modified spreadsheet in Microsoft Excel. The advantage of using the computer is that when you remember an event that occurred between two events you already have in the table, you can merely insert a new row into the table and fill in the date and details of the event. Having copies of documentation for your lawyer to review will help him or her determine if you have been the victim of wrongful termination.

How To Sue Employer For Wrongful Termination Old Bridge

Wrongful Termination Old Bridge

In Old Bridge, “employment-at-will” laws mean that employers can terminate the employee at any time for any reason. Likewise, an employee may decide to quit for any reason – or for no reason at all – without warning. These laws mean that, in most cases, you do not have legal recourse if you have been discharged from your job, even if there didn’t seem to be any basis for the termination.

In certain cases, however, employment termination is an actionable offense. These scenarios include:

  • You were terminated because of illegal discrimination
  • Your termination was a form of employer retaliation
  • You were discharged in an attempt to prevent you from collecting or obtaining deserved benefits

There are several other situations that could constitute wrongful termination. If you have reason to believe that you were discharged for an illegal reason or on the basis of discriminatory action on the part of your employer, it is crucial that you seek experienced counsel from one of our employment lawyers who is thoroughly familiar with this field of law. You could be entitled to monetary benefits.

Our wrongful terminations attorneys have represented numerous victims of wrongful termination and are prepared to put this experience to work for you. Get help from a firm that is solely dedicated to protecting the rights of workers, unlike other firms in the area.

 

Call 855-596-4657 today to set up an initial case consultation at the firm’s Old Bridge location.

What Is a Wrongful Termination?

A wrongful termination is any firing that is illegal. A firing is illegal when it:

  • Violates a federal, state, or local law, or
  • Violates an employment contract.

Just because a termination is unfair doesn’t make it illegal. For example, it might be unfair for your boss to fire you so he can hire his inexperienced niece or nephew. However, because there’s no law against nepotism, you wouldn’t have a wrongful termination claim.

Violation of Federal, State, or Local Laws

The default rule in the United States is “at-will employment.” This means employers can fire employees at any time, for any reason. However, there is one important exception to this rule. Employers cannot fire at-will employees for illegal reasons. Federal, state, and local laws carve out a handful of reasons that are illegal. For example, it’s illegal to fire employees due to their race or gender.

Violation of Employment Contract

Employees no longer work at-will when they have an employment contract. We usually think of employment contracts as being written, but they can also be formed by words and actions. (See our article explaining how employers create employment contracts and alter at-will employment.) A contract employee cannot be fired if it would violate the terms of the contract. Typically, this means that employers cannot fire employees with having a good reason (called “cause”) before the term of the contract is up. Employers also can’t fire contract employees in violation of state, federal, or local laws.

How Do I File a Wrongful Termination Claim?

If your wrongful termination claim is based on discrimination or harassment, you will need to file an administrative complaint first (called a “charge”). You must typically file your charge with the Equal Employment Opportunity Commission (EEOC)—or a state agency that enforces antidiscrimination laws—within 180 days of the discrimination or harassment. The EEOC or the state agency will investigate your complaint and decide whether to take action. Most of the time, the EEOC will simply issue a “right-to-sue” letter, which allows you to file your wrongful termination lawsuit in court.

The process of filing an EEOC charge is relatively simple. You can file your claim in person at one of the EEOC’s local field offices or you can file your claim by mail. To file by mail, send a letter to the EEOC with your contract information, your employer’s contact information, an explanation of how you were discriminated against or harassed, and when these events happened. You must also sign your letter.

While you don’t need a lawyer to file an administrative charge, it’s often helpful to do so, especially if you plan on filing a lawsuit down the road. Once you file your claim, the EEOC will speak to you, your employer, and any relevant witnesses. The information that the EEOC gathers can be used as evidence in your subsequent wrongful termination lawsuit. The EEOC may also try to facilitate a settlement negotiation between you and your employer. A wrongful termination lawyer will ensure that you’re receiving a fair offer and that you don’t give up any rights that you shouldn’t.

For most other types of wrongful terminations claims, you aren’t required to file a claim with an administrative agency first (although you may have the option). You can go straight to filing a lawsuit in court. For this, you will almost certainly need the assistance of an employment lawyer.


Can I Sue My Former Employer For Wrongful Termination

The Employment Tribunal

Getting fired is a devastating event even when we know it's justified. But when you are wrongfully or unfairly fired from a good paying job you love it is demoralizing. It can be difficult to even leave the house, let alone apply for a position elsewhere right away.Even great employees sometimes get terminated for hidden ulterior reasons. While there are many illegal reasons for termination, some of the more frequent include:· Whistleblowing,· Retaliation· Sustaining an injury at the workplace· Taking FMLA time· Discrimination of race, gender, religion, age, disability, etc.If you have been wrongfully terminated from your job, seek the advice and services of an experienced law professional, and make sure you receive the maximum allowable award under federal and state employment regulations.Continue reading for a brief review of the steps victims of wrongful termination cases should immediately follow.Steps to Follow Proving wrongful termination can be a long process, but there are some things you can do to help the process. Document everything you can about the dismissal: the time, the place, the specifics of the conversation, etc. You should also include any related information. Create a time-line of the succession of events that lead to your wrongful termination. Provide as many details and dates as possible. Review any employment document you may have signed upon hiring. Check it for accuracy in regards to your specific circumstances. This is an important step when the termination seems to come out of nowhere. You may be eligible for severance pay or other benefits. Review your employee handbook or guide for information about your rights as an employee. In many cases, employers include termination clauses entitling you to a period of notice of termination. File an official complaint with the Equal Employment Opportunity Commission, which is the government agency that investigates allegations of labor law violations, including wrongful termination. Seek the services of an experienced law firm immediately. Hiring a lawyer is imperative when someone feels he or she has been the victim of an illegal dismissal. You need the expertise of a lawyer who works with labor law disputes to handle this type of case properly. These steps are not only vital; they need to be done in a timely manner. Besides the time limitations for filing a legal claim, the longer you wait to stand up for your own rights, the weaker the case generally looks to the judge or mediator.Other Considerations It is not uncommon for some of your co-workers to hesitate or to be unwilling to get actively involved in your wrongful termination suit. Many times your former coworkers feel intimidated and fearful of causing problems for themselves.Proving your termination is the direct result of an illegal condition isn't easy. These types of legal cases can be lengthy and time-consuming if a settlement is not negotiated. Because almost all employment is defined as at will, establishing your termination was due to something illegal, and not because of the superficial reason provided to you, is often difficult.Most employers are not required to provide a reason for dismissal. Oftentimes pretentious causes are attributed to your termination. Wading through all the legal issues can become overwhelming quickly.A lawyer who is experienced in labor laws can advise and assist you in making a strong wrongful termination suit. A private lawsuit is sometimes the only way to resolve employment disputes where the employer violates either company policy or state or federal laws.If you've lost your job for any of the reasons listed above, consider discussing your case with an experienced wrongful termination attorney today.

The Employment Tribunal

Work Legal Advice

Have you ever felt like storming into your manager’s office and saying, "I've had enough and I quit!"? If so, you’re not alone: Many employees quit or resign because their working conditions have grown intolerable. If you were forced to quit your job due to illegal working conditions, it’s called a “constructive discharge.” If your employer tried to push you out for illegal reasons, you may have grounds for a wrongful termination lawsuit, even if you technically quit your job.

What Is Constructive Discharge?

When you quit or resign from your job because you were subjected to illegal working conditions that were so intolerable that you felt you had no other choice, it’s called a constructive discharge. Even though you quit, the law treats you as if you were fired, because your employer essentially forced you out. Proving You Were Forced to Quit To prove a claim of constructive discharge, you generally have to show all of the following:
  • You were subjected to illegal working conditions or treatment at work (such as sexual harassment or retaliation for complaining of workplace safety violations).
  • You complained to your supervisor, boss, or human resources department, but the mistreatment continued.
  • The mistreatment was so intolerable that any reasonable employee would quit rather than continue to work in that environment.
  • You quit because of the mistreatment.

For instance, say a male coworker is making sexual advances toward you or makes sexually explicit comments to you frequently at work, even though you've asked him to stop. You report his behavior to your supervisor and to the human resources manager, who both ignore your complaints. After several weeks, nothing has changed; your employer hasn't done anything to stop your coworker, who continues to harass you. Finally, you've had enough of the mistreatment and you quit. In such circumstances, you would probably have a good claim for constructive discharge.

If, on the other hand, you quit two days after you made your first complaint to the boss, you likely would not be able to prove constructive discharge. You must give your employer a chance to fix the problem rather than quitting at the first sign of trouble.

If you win a constructive discharge case, you will be entitled to money damages from your employer.

Proving Your Discharge Was Illegal

Most employees in this country work at will, which means they can be fired at any time, for any reason that is not illegal. It’s not enough to prove you were compelled to quit: You must also prove that your employer’s reason for forcing you out was illegal. If you felt compelled to quit because your manager was a bully who made work life miserable for everyone, for example, you wouldn’t necessarily have a constructive discharge claim. But if you quit because your manager bullied and berated you because of your disability, you likely have a strong legal claim.

Here are some common wrongful termination claims that come up in constructive discharge situations:
  • Discrimination and harassment. If you quit because you were being discriminated against or harassed due to a protected characteristic (such as your race or religion), you have a wrongful termination claim.
  • Retaliation. If your employer forces you to quit because you complained about illegal workplace behavior (such as discrimination, harassment, failure to pay overtime, and so on), you have grounds for a lawsuit. The same is true if your employer pushes you out because you exercised your legal rights, such as your right to take time off work under the Family and Medical Leave Act, your right to join a union or discuss union matters with other employees, or your right to refuse to work in dangerous conditions.
  • Breach of contract. If you have an employment contract stating you may be fired only for good cause, and your employer forces you to quit, you can sue your employer for not honoring the contract.

Damages for Constructive Discharge

If you win a constructive discharge case, you will be entitled to money damages from your employer. The damages available depend on the legal claims you can make—that is, they depend on the reason why your employer forced you out. Depending on the facts, you may be entitled to:

  • Back Pay - The wages or benefits you lost as a result of being forced to quit
  • Front Pay - The wages or benefits you will lose going forward, until you find a new job
  • Attorneys’ Fees And Court Costs
  • Compensatory Damages - Compensation for the pain and suffering or mental distress you experienced because of the discharge, and/or
  • Punitive Damages - An award intended to punish your employer for especially egregious misconduct.

Constructive discharge cases can be hard to prove. You must show not only that your employer acted illegally, but also that the behavior was bad enough to compel a reasonable employee to quit. Courts tend to hold employees to a very high standard here, requiring proof that your working conditions were truly intolerable. To figure out whether you have strong legal claims, you’ll probably need to talk to an experienced employment lawyer.

Unemployment Benefits

In general, employees are typically not eligible to collect unemployment when they quit their jobs voluntarily. However, if you were forced to quit in a constructive discharge, you should still qualify for unemployment benefits. When you file your claim for benefits, explain that you were compelled to quit due to your employer’s mistreatment. (For more information, see Unemployment Compensation When You’ve Lost Your Job.)

Questions for Your Attorney

  • How long do I have to file a lawsuit against my former employer for constructive discharge?
  • Should I accept my employer's offer to rehire me if I win my constructive discharge suit?
  • How long will my lawsuit take? Do I have to take a job that pays less than my former job while the case is pending?

Wrongful Termination Employment Law Edison

Wrongful Termination Edison

In Edison, “employment-at-will” laws mean that employers can terminate the employee at any time for any reason. Likewise, an employee may decide to quit for any reason – or for no reason at all – without warning. These laws mean that, in most cases, you do not have legal recourse if you have been discharged from your job, even if there didn’t seem to be any basis for the termination.

In certain cases, however, employment termination is an actionable offense. These scenarios include:

  • You were terminated because of illegal discrimination
  • Your termination was a form of employer retaliation
  • You were discharged in an attempt to prevent you from collecting or obtaining deserved benefits

There are several other situations that could constitute wrongful termination. If you have reason to believe that you were discharged for an illegal reason or on the basis of discriminatory action on the part of your employer, it is crucial that you seek experienced counsel from one of our employment lawyers who is thoroughly familiar with this field of law. You could be entitled to monetary benefits.

Our wrongful terminations attorneys have represented numerous victims of wrongful termination and are prepared to put this experience to work for you. Get help from a firm that is solely dedicated to protecting the rights of workers, unlike other firms in the area.

 

Call 855-596-4657 today to set up an initial case consultation at the firm’s Edison location.

What Is a Wrongful Termination?

A wrongful termination is any firing that is illegal. A firing is illegal when it:

  • Violates a federal, state, or local law, or
  • Violates an employment contract.

Just because a termination is unfair doesn’t make it illegal. For example, it might be unfair for your boss to fire you so he can hire his inexperienced niece or nephew. However, because there’s no law against nepotism, you wouldn’t have a wrongful termination claim.

Violation of Federal, State, or Local Laws

The default rule in the United States is “at-will employment.” This means employers can fire employees at any time, for any reason. However, there is one important exception to this rule. Employers cannot fire at-will employees for illegal reasons. Federal, state, and local laws carve out a handful of reasons that are illegal. For example, it’s illegal to fire employees due to their race or gender.

Violation of Employment Contract

Employees no longer work at-will when they have an employment contract. We usually think of employment contracts as being written, but they can also be formed by words and actions. (See our article explaining how employers create employment contracts and alter at-will employment.) A contract employee cannot be fired if it would violate the terms of the contract. Typically, this means that employers cannot fire employees with having a good reason (called “cause”) before the term of the contract is up. Employers also can’t fire contract employees in violation of state, federal, or local laws.

How Do I File a Wrongful Termination Claim?

If your wrongful termination claim is based on discrimination or harassment, you will need to file an administrative complaint first (called a “charge”). You must typically file your charge with the Equal Employment Opportunity Commission (EEOC)—or a state agency that enforces antidiscrimination laws—within 180 days of the discrimination or harassment. The EEOC or the state agency will investigate your complaint and decide whether to take action. Most of the time, the EEOC will simply issue a “right-to-sue” letter, which allows you to file your wrongful termination lawsuit in court.

The process of filing an EEOC charge is relatively simple. You can file your claim in person at one of the EEOC’s local field offices or you can file your claim by mail. To file by mail, send a letter to the EEOC with your contract information, your employer’s contact information, an explanation of how you were discriminated against or harassed, and when these events happened. You must also sign your letter.

While you don’t need a lawyer to file an administrative charge, it’s often helpful to do so, especially if you plan on filing a lawsuit down the road. Once you file your claim, the EEOC will speak to you, your employer, and any relevant witnesses. The information that the EEOC gathers can be used as evidence in your subsequent wrongful termination lawsuit. The EEOC may also try to facilitate a settlement negotiation between you and your employer. A wrongful termination lawyer will ensure that you’re receiving a fair offer and that you don’t give up any rights that you shouldn’t.

For most other types of wrongful terminations claims, you aren’t required to file a claim with an administrative agency first (although you may have the option). You can go straight to filing a lawsuit in court. For this, you will almost certainly need the assistance of an employment lawyer.


Can An Employee Sue An Employer For Wrongful Termination

Wrongful Termination - Understanding Your Legal Rights

The defendant resigned and found employment with one of the claimant's competitors. Shortly after her resignation, the claimant discovered that the defendant had sent three e-mails to her personal e-mail account prior to leaving the company. The e-mails concerned:

* Presentations she had made to the claimant's customers;

* Feedback which customers had given in relation to the claimant's services; and

* Prices of the claimant's products.

The claimant was of the opinion that the information contained in the e-mails was confidential and therefore violated the terms of the defendant's contract of employment. The claimant confronted the defendant with its discovery.

The defendant said that she had sent the e-mails to her personal e-mail account in error, and offered to let the claimant view her personal e-mail account to show that she had not breached the terms of her contract. The claimant tried to persuade the defendant to stay in its employment, but was unsuccessful.

The claimant then instructed its solicitors to write to the defendant alleging that the defendant had breached the terms of her employment which amounted to breach of confidence. The claimant also requested the return of all its materials which were in the defendant's possession. The defendant replied to the letter stating that the e-mails were not sent to anyone else, and that once the error had been discovered, she had not even opened them.

The claimant did not respond to her letter. They instead issued proceedings against her and applied for an interim injunction. They alleged that the sending of the e-mails to her personal account amounted to her 'using' confidential information in contravention to her contractual obligations. They also alleged that by her failing to immediately return their materials, she had further breached the terms of her contract.

The claim was dismissed. The court held the where the e-mails had remained unopened the confidential information had not been 'used' in a way which amounted to breach of confidence. Although she had not immediately returned the materials, she had previously offered the claimant the permission to view her personal e-mail account and to delete the e-mails relating to the claimant's confidential information.

In addition to this, the court held that the information which was the subject of the claimant's complaint was utterly innocuous and that the claimant had reacted totally disproportionately. The matter should not have been taken to court and the defendant's undertakings had been adequate.

© RT COOPERS, 2006. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.


Constructive Discharge: Were You Forced to Quit Because of Intolerable Working Conditions?

Suing Employer For Wrongful Termination Understanding the governing employment law is central to understanding wrongful termination. There are circumstances where employers can not fire his or her employees but termination is not at all times illegal. More often than not, people who are laid off feel that their termination is illegal, unfair or even unethical. It is in this light that one should understand the issues concerning wrongful termination.What is the Employment Law?Employment Law is an all-encompassing legal term governing the legal relationship between the employee and employer. If violation of this law occurs, the relationship of the two parties and the workplace will be affected as tensions and predicament come up. Often, companies do have their employee manuals or handbooks which are good source of the company's regulations and policies governing the employment relationship, conducts on the workplace, complaint procedures, employees rights, resignation and termination policies. What are the valid reasons for a wrongful termination?A wrongful termination takes place when an employer violates a particular state or federal law. These are the valid reasons for a wrongful termination:Discrimination on the workplaceWhen an employer fires an employee on the basis of gender, race, religion, disability or any other related reasons, the employer committed a wrongful termination because the reasons mentioned are discriminatory in nature.RetaliationRetaliation takes place when an employer fired en employee due to his or her refusal to cooperate in the illegal activity demanded by the employer or if the employee reported the illicit activity of the employer to the management.Character DefamationIf an employer defames or demeans an employee on purpose to rationalize termination, he has committed a wrongful termination.Breach of explicit or implied contractBreach of explicit or implied contract occurs when an employer terminates an employee who is under a contract and fulfilling the terms specified in the contract until the specified time frame ends. In addition, it the contract does not contain an escape clause, the said termination is likely to be a case of a wrongful termination. Breach of good faith and fair dealingThis stipulates that employees should be treated fairly, mainly if they have rendered long service to a company. As a result, employers can not discharge employees for primordial grounds like refusal to pay due rewards or giving promotions.There are also other grounds why an employee rights are violated. If you have been wrongfully terminated do not hesitate to fight for your right as an employee. The employment law protects you. Getting a good employment lawyer is a key to solving employment problems and making your workplace a more conducive and peaceful place to work in.

When Can You Sue For Wrongful Termination Parsippany-Troy Hills

Wrongful Termination Parsippany-Troy Hills

In Parsippany-Troy Hills, “employment-at-will” laws mean that employers can terminate the employee at any time for any reason. Likewise, an employee may decide to quit for any reason – or for no reason at all – without warning. These laws mean that, in most cases, you do not have legal recourse if you have been discharged from your job, even if there didn’t seem to be any basis for the termination.

In certain cases, however, employment termination is an actionable offense. These scenarios include:

  • You were terminated because of illegal discrimination
  • Your termination was a form of employer retaliation
  • You were discharged in an attempt to prevent you from collecting or obtaining deserved benefits

There are several other situations that could constitute wrongful termination. If you have reason to believe that you were discharged for an illegal reason or on the basis of discriminatory action on the part of your employer, it is crucial that you seek experienced counsel from one of our employment lawyers who is thoroughly familiar with this field of law. You could be entitled to monetary benefits.

Our wrongful terminations attorneys have represented numerous victims of wrongful termination and are prepared to put this experience to work for you. Get help from a firm that is solely dedicated to protecting the rights of workers, unlike other firms in the area.

 

Call 855-596-4657 today to set up an initial case consultation at the firm’s Parsippany-Troy Hills location.

What Is a Wrongful Termination?

A wrongful termination is any firing that is illegal. A firing is illegal when it:

  • Violates a federal, state, or local law, or
  • Violates an employment contract.

Just because a termination is unfair doesn’t make it illegal. For example, it might be unfair for your boss to fire you so he can hire his inexperienced niece or nephew. However, because there’s no law against nepotism, you wouldn’t have a wrongful termination claim.

Violation of Federal, State, or Local Laws

The default rule in the United States is “at-will employment.” This means employers can fire employees at any time, for any reason. However, there is one important exception to this rule. Employers cannot fire at-will employees for illegal reasons. Federal, state, and local laws carve out a handful of reasons that are illegal. For example, it’s illegal to fire employees due to their race or gender.

Violation of Employment Contract

Employees no longer work at-will when they have an employment contract. We usually think of employment contracts as being written, but they can also be formed by words and actions. (See our article explaining how employers create employment contracts and alter at-will employment.) A contract employee cannot be fired if it would violate the terms of the contract. Typically, this means that employers cannot fire employees with having a good reason (called “cause”) before the term of the contract is up. Employers also can’t fire contract employees in violation of state, federal, or local laws.

How Do I File a Wrongful Termination Claim?

If your wrongful termination claim is based on discrimination or harassment, you will need to file an administrative complaint first (called a “charge”). You must typically file your charge with the Equal Employment Opportunity Commission (EEOC)—or a state agency that enforces antidiscrimination laws—within 180 days of the discrimination or harassment. The EEOC or the state agency will investigate your complaint and decide whether to take action. Most of the time, the EEOC will simply issue a “right-to-sue” letter, which allows you to file your wrongful termination lawsuit in court.

The process of filing an EEOC charge is relatively simple. You can file your claim in person at one of the EEOC’s local field offices or you can file your claim by mail. To file by mail, send a letter to the EEOC with your contract information, your employer’s contact information, an explanation of how you were discriminated against or harassed, and when these events happened. You must also sign your letter.

While you don’t need a lawyer to file an administrative charge, it’s often helpful to do so, especially if you plan on filing a lawsuit down the road. Once you file your claim, the EEOC will speak to you, your employer, and any relevant witnesses. The information that the EEOC gathers can be used as evidence in your subsequent wrongful termination lawsuit. The EEOC may also try to facilitate a settlement negotiation between you and your employer. A wrongful termination lawyer will ensure that you’re receiving a fair offer and that you don’t give up any rights that you shouldn’t.

For most other types of wrongful terminations claims, you aren’t required to file a claim with an administrative agency first (although you may have the option). You can go straight to filing a lawsuit in court. For this, you will almost certainly need the assistance of an employment lawyer.


Suing Employer For Wrongful Termination

Constructive Discharge: Were You Forced to Quit Because of Intolerable Working Conditions?

Wrongful termination is a very big term that covers a lot of different scenarios and circumstances. In general, though, it refers to the termination of an employee's contract of employment in violation of the contract, a written company policy. Wrongful termination is illegal, and if you fire somebody without cause, you can open yourself up to some unwanted legal trouble. Make sure you are familiar not only with the state law but also your company's policies regarding employment before you make any employment decision, as it could become a costly error if you don't.As already mentioned, there are several different acts that fall under the greater heading of wrongful termination. The following are the most common examples of such: Discrimination. It is illegal to fire an employee based on his or her race, sex, nationality, religion, age, or (in some states) sexual orientation. Retaliation. It is illegal to fire an employee because he or she has filed a harassment or discrimination complaint. Such a termination is considered a retaliatory action, and is illegal under civil rights laws. Refusal to commit an illegal act. If you have ordered an employee to commit an illegal act - hide funds, say, or shred documents - and he or she refuses, it is illegal to fire that employee. Failure to follow termination procedures. Most employers of a certain size have a policy in place that describes the conditions under which an employee can be fired, and what procedures must be undertaken. If these written procedures are not followed to the letter, the fired employee may have the right to sue you for wrongful termination. It's important to know that, in some states, employment alone is considered an employment contract, and that no physical document has to be signed by either party for there to be a legally binding agreement between the two. The terms of this contract may be influenced by your company's employee handbook. If you are an employer, you may want to consider discussing the legality of any employment issues with a qualified employment attorney beforehand, as it can help you avoid the potentially damaging wrongful termination lawsuit. These court cases can drag on for well over a decade, if they go to the top courts. It is definitely better to be cautious in this situation. To find out more about employment law, visit slaterandkennon.com.

Employment - Disclosure of Information - Breach of Confidence

Can You Sue An Employer For Wrongful Termination

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

· discrimination

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.

Lawyers That Deal With Wrongful Termination Elizabeth

Wrongful Termination Elizabeth

In Elizabeth, “employment-at-will” laws mean that employers can terminate the employee at any time for any reason. Likewise, an employee may decide to quit for any reason – or for no reason at all – without warning. These laws mean that, in most cases, you do not have legal recourse if you have been discharged from your job, even if there didn’t seem to be any basis for the termination.

In certain cases, however, employment termination is an actionable offense. These scenarios include:

  • You were terminated because of illegal discrimination
  • Your termination was a form of employer retaliation
  • You were discharged in an attempt to prevent you from collecting or obtaining deserved benefits

There are several other situations that could constitute wrongful termination. If you have reason to believe that you were discharged for an illegal reason or on the basis of discriminatory action on the part of your employer, it is crucial that you seek experienced counsel from one of our employment lawyers who is thoroughly familiar with this field of law. You could be entitled to monetary benefits.

Our wrongful terminations attorneys have represented numerous victims of wrongful termination and are prepared to put this experience to work for you. Get help from a firm that is solely dedicated to protecting the rights of workers, unlike other firms in the area.

 

Call 855-596-4657 today to set up an initial case consultation at the firm’s Elizabeth location.

What Is a Wrongful Termination?

A wrongful termination is any firing that is illegal. A firing is illegal when it:

  • Violates a federal, state, or local law, or
  • Violates an employment contract.

Just because a termination is unfair doesn’t make it illegal. For example, it might be unfair for your boss to fire you so he can hire his inexperienced niece or nephew. However, because there’s no law against nepotism, you wouldn’t have a wrongful termination claim.

Violation of Federal, State, or Local Laws

The default rule in the United States is “at-will employment.” This means employers can fire employees at any time, for any reason. However, there is one important exception to this rule. Employers cannot fire at-will employees for illegal reasons. Federal, state, and local laws carve out a handful of reasons that are illegal. For example, it’s illegal to fire employees due to their race or gender.

Violation of Employment Contract

Employees no longer work at-will when they have an employment contract. We usually think of employment contracts as being written, but they can also be formed by words and actions. (See our article explaining how employers create employment contracts and alter at-will employment.) A contract employee cannot be fired if it would violate the terms of the contract. Typically, this means that employers cannot fire employees with having a good reason (called “cause”) before the term of the contract is up. Employers also can’t fire contract employees in violation of state, federal, or local laws.

How Do I File a Wrongful Termination Claim?

If your wrongful termination claim is based on discrimination or harassment, you will need to file an administrative complaint first (called a “charge”). You must typically file your charge with the Equal Employment Opportunity Commission (EEOC)—or a state agency that enforces antidiscrimination laws—within 180 days of the discrimination or harassment. The EEOC or the state agency will investigate your complaint and decide whether to take action. Most of the time, the EEOC will simply issue a “right-to-sue” letter, which allows you to file your wrongful termination lawsuit in court.

The process of filing an EEOC charge is relatively simple. You can file your claim in person at one of the EEOC’s local field offices or you can file your claim by mail. To file by mail, send a letter to the EEOC with your contract information, your employer’s contact information, an explanation of how you were discriminated against or harassed, and when these events happened. You must also sign your letter.

While you don’t need a lawyer to file an administrative charge, it’s often helpful to do so, especially if you plan on filing a lawsuit down the road. Once you file your claim, the EEOC will speak to you, your employer, and any relevant witnesses. The information that the EEOC gathers can be used as evidence in your subsequent wrongful termination lawsuit. The EEOC may also try to facilitate a settlement negotiation between you and your employer. A wrongful termination lawyer will ensure that you’re receiving a fair offer and that you don’t give up any rights that you shouldn’t.

For most other types of wrongful terminations claims, you aren’t required to file a claim with an administrative agency first (although you may have the option). You can go straight to filing a lawsuit in court. For this, you will almost certainly need the assistance of an employment lawyer.


Employment Law Legal Advice

Wrongful Termination - A Guide for Victims

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

· discrimination

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.


Employment: Implied Term of Confidence - Constructive Dismissal

Can I Sue A Company For Wrongful Termination When you lose your job, regardless of whether you were fired or laid off, it's always hard to understand your employer's reason behind it. After doing some soul searching what if you realize you were let go for an unlawful reason? If this is the case of you, then you have the right to bring a wrongful termination claim against your former employer. What does this mean? You can get money damages, severance packages and other compensation. Follow this guide from a civil rights attorney to see if you lost your job due to a wrongful termination and what you can do about it.What is the definition of "Wrongful Termination?"If you have been let go or fired from your job for an illegal reason then you have been wrongfully terminated. Some of the illegal reasons for losing your job may include: Firing you based on your race, gender, sexual orientation and other discriminatory reasons.Firing you because you refused sexual advances and other sexual harassment reasons.Firing you despite previous oral and written employment agreements.Firing in retaliation for any complaints you have made against the employer.If any of these apply to you, then you might be entitled to a money payment based on your lost wages and other expenses you accrued from being terminated. Also depending on the case, you might be entitled to get payments from your employer and also from the person who fired you.What To Do If You've Been FiredIgnore any ill feelings you have towards your employer. Don't do something that you might regret and hinder your case.Contact a civil rights attorney for advice and representation.Find your contract and go over it thoroughly. Make sure you understand all the fine print.Get a letter in writing from your employer about why you were terminated. And ask who was the person that decided that you were to be fired.Think of any promises the employer made to you and see if they followed through on any of them.Make sure you return any company property.Do not allow yourself to be intimidated. A good civil rights attorney will be there for you every step of the way helping you build you case.Request A Severance Package Technically, an employer doesn't have to give a fired or laid off employee a severance package if their contract does not stipulate it. However, if the employee feels they have been wrongfully terminated, they can negotiate a severance package with the company in exchange for not filing charges against the employer.An employment attorney can explain your options and help your decide whether negotiation a severance package or a wrongful termination claim will make more sense in your situation.If you feel that have been fired for an illegal reason, you may have rights to severance pay, damages, or unemployment compensation. Speaking with an experience civil rights attorney can help you understand your rights and make an informed decision about how to proceed.

Lawyers For Unlawful Termination Passaic

Wrongful Termination Passaic

In Passaic, “employment-at-will” laws mean that employers can terminate the employee at any time for any reason. Likewise, an employee may decide to quit for any reason – or for no reason at all – without warning. These laws mean that, in most cases, you do not have legal recourse if you have been discharged from your job, even if there didn’t seem to be any basis for the termination.

In certain cases, however, employment termination is an actionable offense. These scenarios include:

  • You were terminated because of illegal discrimination
  • Your termination was a form of employer retaliation
  • You were discharged in an attempt to prevent you from collecting or obtaining deserved benefits

There are several other situations that could constitute wrongful termination. If you have reason to believe that you were discharged for an illegal reason or on the basis of discriminatory action on the part of your employer, it is crucial that you seek experienced counsel from one of our employment lawyers who is thoroughly familiar with this field of law. You could be entitled to monetary benefits.

Our wrongful terminations attorneys have represented numerous victims of wrongful termination and are prepared to put this experience to work for you. Get help from a firm that is solely dedicated to protecting the rights of workers, unlike other firms in the area.

 

Call 855-596-4657 today to set up an initial case consultation at the firm’s Passaic location.

What Is a Wrongful Termination?

A wrongful termination is any firing that is illegal. A firing is illegal when it:

  • Violates a federal, state, or local law, or
  • Violates an employment contract.

Just because a termination is unfair doesn’t make it illegal. For example, it might be unfair for your boss to fire you so he can hire his inexperienced niece or nephew. However, because there’s no law against nepotism, you wouldn’t have a wrongful termination claim.

Violation of Federal, State, or Local Laws

The default rule in the United States is “at-will employment.” This means employers can fire employees at any time, for any reason. However, there is one important exception to this rule. Employers cannot fire at-will employees for illegal reasons. Federal, state, and local laws carve out a handful of reasons that are illegal. For example, it’s illegal to fire employees due to their race or gender.

Violation of Employment Contract

Employees no longer work at-will when they have an employment contract. We usually think of employment contracts as being written, but they can also be formed by words and actions. (See our article explaining how employers create employment contracts and alter at-will employment.) A contract employee cannot be fired if it would violate the terms of the contract. Typically, this means that employers cannot fire employees with having a good reason (called “cause”) before the term of the contract is up. Employers also can’t fire contract employees in violation of state, federal, or local laws.

How Do I File a Wrongful Termination Claim?

If your wrongful termination claim is based on discrimination or harassment, you will need to file an administrative complaint first (called a “charge”). You must typically file your charge with the Equal Employment Opportunity Commission (EEOC)—or a state agency that enforces antidiscrimination laws—within 180 days of the discrimination or harassment. The EEOC or the state agency will investigate your complaint and decide whether to take action. Most of the time, the EEOC will simply issue a “right-to-sue” letter, which allows you to file your wrongful termination lawsuit in court.

The process of filing an EEOC charge is relatively simple. You can file your claim in person at one of the EEOC’s local field offices or you can file your claim by mail. To file by mail, send a letter to the EEOC with your contract information, your employer’s contact information, an explanation of how you were discriminated against or harassed, and when these events happened. You must also sign your letter.

While you don’t need a lawyer to file an administrative charge, it’s often helpful to do so, especially if you plan on filing a lawsuit down the road. Once you file your claim, the EEOC will speak to you, your employer, and any relevant witnesses. The information that the EEOC gathers can be used as evidence in your subsequent wrongful termination lawsuit. The EEOC may also try to facilitate a settlement negotiation between you and your employer. A wrongful termination lawyer will ensure that you’re receiving a fair offer and that you don’t give up any rights that you shouldn’t.

For most other types of wrongful terminations claims, you aren’t required to file a claim with an administrative agency first (although you may have the option). You can go straight to filing a lawsuit in court. For this, you will almost certainly need the assistance of an employment lawyer.


Can I Sue A Company For Wrongful Termination

What To Do If You've Been Wrongfully Terminated

Employment law on constructive dismissal states that claims could be based on your employer's breach of employment contract. This may involve a violation of any specific term or condition in the employment contract, the staff handbook, or the job advertisement for the position. It may also involve breach of implied terms like the employer's duty to reasonably act or duty of care towards employees.

If you think and feel that you are forced to quit your current job or that your employer is treating you badly that there is no other option but to leave, you may take advantage of the employment law on constructive dismissal. You may file for a constructive dismissal claim when you file for a resignation because of your employer's actions that practically and logically make it impossible for you to carry on your job. The employer may also be treating you severely. As the heart of the employment contract, constructive dismissal might be caused by a particular action by the employer or a series of unlikely events.

Common instances that would automatically qualify you to use the employment law on constructive dismissal include changing of your job description, abrupt cutting of your pay, and sudden alteration of working location or hours, and refusal of the employer to improve inhumane or intolerable working conditions. Breaches of implied terms in fundamental employment contracts usually include the employer making it impossible for you to perform your job tasks or failing to give reasonable support for you to do your job without any disruption. Employment law on constructive dismissal even covers any form of harassment from your fellow workers and wrong/unfounded accusations of theft.

To be able to qualify, you must have been employed by the employer for at least a year. However, if the employment has not reached that required period yet but you have evidences that could prove you were dismissed automatically due to unfair reasons, you could still take advantage of this employment law. How could you file for any dismissal claim? If you think you could no longer stand how your employer treats you, file a formal grievance at once. Explain why you are anxious and unhappy with your work. Under normal grievance procedures, the employer has up to 28 days to respond to your grievance. Experts advise that you try to be as flexible as you could be as well as constructive and reasonable in trying to reach a resolution for your problem with your employer. A compromise agreement may be a viable option.

You may not be covered by the employment law on constructive dismissal if you have entered into a compromise agreement with your employer. But that does not mean you would not be entitled to any form of compensation. That is why you should hire the best and most reliable employment solicitors around. You definitely need sufficient and helpful guidance and advice when applying for constructive dismissal claims and signing compromise agreements so you could make sure you would be able to protect your welfare.


Wrongful Termination During Workers' Comp - Disability Leave

Employment Law Questions

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

· discrimination

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.

I Need A Lawyer For Wrongful Termination Franklin

Wrongful Termination Franklin

In Franklin, “employment-at-will” laws mean that employers can terminate the employee at any time for any reason. Likewise, an employee may decide to quit for any reason – or for no reason at all – without warning. These laws mean that, in most cases, you do not have legal recourse if you have been discharged from your job, even if there didn’t seem to be any basis for the termination.

In certain cases, however, employment termination is an actionable offense. These scenarios include:

  • You were terminated because of illegal discrimination
  • Your termination was a form of employer retaliation
  • You were discharged in an attempt to prevent you from collecting or obtaining deserved benefits

There are several other situations that could constitute wrongful termination. If you have reason to believe that you were discharged for an illegal reason or on the basis of discriminatory action on the part of your employer, it is crucial that you seek experienced counsel from one of our employment lawyers who is thoroughly familiar with this field of law. You could be entitled to monetary benefits.

Our wrongful terminations attorneys have represented numerous victims of wrongful termination and are prepared to put this experience to work for you. Get help from a firm that is solely dedicated to protecting the rights of workers, unlike other firms in the area.

 

Call 855-596-4657 today to set up an initial case consultation at the firm’s Franklin location.

What Is a Wrongful Termination?

A wrongful termination is any firing that is illegal. A firing is illegal when it:

  • Violates a federal, state, or local law, or
  • Violates an employment contract.

Just because a termination is unfair doesn’t make it illegal. For example, it might be unfair for your boss to fire you so he can hire his inexperienced niece or nephew. However, because there’s no law against nepotism, you wouldn’t have a wrongful termination claim.

Violation of Federal, State, or Local Laws

The default rule in the United States is “at-will employment.” This means employers can fire employees at any time, for any reason. However, there is one important exception to this rule. Employers cannot fire at-will employees for illegal reasons. Federal, state, and local laws carve out a handful of reasons that are illegal. For example, it’s illegal to fire employees due to their race or gender.

Violation of Employment Contract

Employees no longer work at-will when they have an employment contract. We usually think of employment contracts as being written, but they can also be formed by words and actions. (See our article explaining how employers create employment contracts and alter at-will employment.) A contract employee cannot be fired if it would violate the terms of the contract. Typically, this means that employers cannot fire employees with having a good reason (called “cause”) before the term of the contract is up. Employers also can’t fire contract employees in violation of state, federal, or local laws.

How Do I File a Wrongful Termination Claim?

If your wrongful termination claim is based on discrimination or harassment, you will need to file an administrative complaint first (called a “charge”). You must typically file your charge with the Equal Employment Opportunity Commission (EEOC)—or a state agency that enforces antidiscrimination laws—within 180 days of the discrimination or harassment. The EEOC or the state agency will investigate your complaint and decide whether to take action. Most of the time, the EEOC will simply issue a “right-to-sue” letter, which allows you to file your wrongful termination lawsuit in court.

The process of filing an EEOC charge is relatively simple. You can file your claim in person at one of the EEOC’s local field offices or you can file your claim by mail. To file by mail, send a letter to the EEOC with your contract information, your employer’s contact information, an explanation of how you were discriminated against or harassed, and when these events happened. You must also sign your letter.

While you don’t need a lawyer to file an administrative charge, it’s often helpful to do so, especially if you plan on filing a lawsuit down the road. Once you file your claim, the EEOC will speak to you, your employer, and any relevant witnesses. The information that the EEOC gathers can be used as evidence in your subsequent wrongful termination lawsuit. The EEOC may also try to facilitate a settlement negotiation between you and your employer. A wrongful termination lawyer will ensure that you’re receiving a fair offer and that you don’t give up any rights that you shouldn’t.

For most other types of wrongful terminations claims, you aren’t required to file a claim with an administrative agency first (although you may have the option). You can go straight to filing a lawsuit in court. For this, you will almost certainly need the assistance of an employment lawyer.


Employment Law Legal Advice

Wrongful Termination Lawyers - Where Can I Find Them?

Most employees are hired according to what is called an "at-will" basis. This means that the employer may terminate the employment for nearly any reason so long as it is not illegal. Conversely, this also means that the employee may quit their job at their own discretion for any legitimate reason.At will employment provides both the employer and the employee a great deal of freedom and mobility to adapt to the ever-changing job market. The majority of states assume that employment is on an at-will basis if a valid employment contract does not exist between employer and employee.Given the very few restrictions involved in an at-will employment arrangement, it may seem difficult for a wrongful termination to occur. So, under what circumstances is it unlawful for a person to terminate an at will employment?There are several reasons that termination of at will employment may constitute wrongful termination, which will be discussed below. They mainly deal with termination by the employer, although employees may also be held liable as well.Wrongful Terminations Based on Violations of LawAt will employment is subject to various federal and state laws which make termination illegal under certain circumstances. The following are some situations where terminations of an at will employee are wrongful because they constitute a violation of law:Discrimination by the Employer: According to various anti-discrimination statutes, employers cannot terminate an at-will employee on the basis of their membership in certain designated categories. These categories include race, age, nation of origin, sex, religion, and in some states, sexual orientation. This is probably the most common basis for a wrongful termination suit. "Retaliatory Discharge": Retaliatory discharge is when the employer has terminated employment in response to an employee's actions. Employers are prohibited from firing employees who have reported instances of the employer's misconduct internally or to a reporting agency. Most of these types of wrongful terminations deal with employees who have reported instances of sexual harassment. The purpose of anti-retaliation statutes (also known as "whistleblower" statutes) is to ensure that employees can report misconduct without fear of losing their job. Illegal Acts: Superiors may not order subordinates to engage in or participate in activities that amount to an illegal act. Accordingly, employers may not terminate an at will employee who has refuses to agree to an illegal act. Breach of a Contractual Obligation: While at-will employment usually implies that there is no employment contract involved, sometimes employees wish to state certain employment terms in a written contract. Terminations that violate the terms of a contract may be considered wrongful. This applies when either the employer or the employee violates the contract in terminating the employment. Taking leave for family or medical reasons: The Family and Medical Leave Act provides guidelines for employees who wish to take leave for family or medical reasons. Employers cannot fire an employee for taking a leave which is in accordance with the Act. Violations of a company's own termination procedures: Some employers specifically provide for their own termination procedures in their employee handbook. A wrongful termination lawsuit may prevail in some instances where employers have failed to follow their own regulations and guidelines set forth in their handbook. These are the most common situations dealing with at-will terminations that violate the law. They have a good chance of success in a court of law because they are backed by major Federal laws passed by the legislature to ensure fair and just employment practices.Wrongful Terminations based on Public Policy ViolationsIn addition to violations of the law, termination of at will employment may be wrongful if it is contrary to public policy. Public policy refers to the body of principles that reflect the collective moral and ethical stance of a community.An example of a public policy is when the government grants tax credits for people who donate to a non-profit organization. The public policy which motivates the tax credit is that people should be encouraged to contribute to humanitarian organizations.Public policy is not law in itself, and courts are not required to base their decisions on public policy, but they can weigh heavily in wrongful termination suits. Here are some examples of wrongful terminations and corresponding public policy justifications:Firing an employee who has merely exercised a constitutional right (such as the right to free speech) Public policy justification: people are discouraged from interfering with constitutionally protected rights Firing an employee who reported an employer violation Public policy justification: employees should be encouraged to report instances of employer misconduct Firing an employee who has fulfilled a civic duty such as a jury summons Public policy justification: civic duties are important and can sometimes even take priority over employment responsibilitiesMost judges would prefer to base their decisions on statutes or case law rather than public policy. This is because public policy is not law, and it often varies from region to region within the U.S. However, some states do permit recovery for terminations based on public policy violations.Wrongful Termination based on Breach of an Implied CovenantAnother reason that termination of at will employment may be considered wrongful is if it constitutes a breach of an implied covenant. An implied covenant is an agreement that is not necessarily stated but rather is assumed as a condition to the employment.An example of this is an implied covenant of good faith. This implied covenant assumes that the employer and employee will act in good faith (i.e., use their best efforts) in providing their services to one another. Another is the implied covenant of fair dealings, that is, that the parties will act in a manner that is fair and will not put the other at a disadvantage.An employer who has fired their employee because they wish to withhold benefits such as end of the year bonuses or sales commissions would be in violation of the implied covenant of good faith. Employers are expected to make good on the promises they make in hiring a person, and failure to act in good faith during a termination would be considered wrongful. Employees can also violate the good faith covenant, for example, by not providing enough notice before resigning. Obtaining Relief for a Wrongful Termination of At-will EmploymentAt will employees who have been wrongfully terminated are entitled to various remedies under law. These may include: reinstatement to their former position, recovery of lost wages, entitlement to back pay, and establishment of further measures for preventing future violations.In most cases, a wrongful termination lawsuit cannot be filed unless the victim first files a claim with a Federal and/or state regulatory agency such as the Equal Employment Opportunity Commission (EEOC). After filing with the EEOC, the agency will conduct an investigation and order that the proper remedy be applied, such as recovering back pay. Only after the EEOC is unable to determine a proper remedy may a legal claim be filed in a court of law.Conclusion: Some Points to ConsiderAt will employment is the norm in the majority of all states. Since there is usually no contract involved, termination must follow procedures dictated by employment laws. In the event that you suspect a wrongful termination claim, an attorney who is well-versed in wrongful termination laws can help you greatly. You may even wish to hire a lawyer at the EEOC reporting stage to help you file your claim. Here are some points to go over with an attorney:Termination of at will employment may be wrongful on the basis of a violation of law, a violation of public policy, or a breach of an implied covenant If you are an employer, be sure that you are following your company's own termination procedures when firing an employee Double check with your lawyer to see what types of relief can be granted under laws and with the EEOC

Wrongful Termination - Understanding Your Legal Rights

Employee Rights Termination Of Employment Wrongful termination is a very big term that covers a lot of different scenarios and circumstances. In general, though, it refers to the termination of an employee's contract of employment in violation of the contract, a written company policy. Wrongful termination is illegal, and if you fire somebody without cause, you can open yourself up to some unwanted legal trouble. Make sure you are familiar not only with the state law but also your company's policies regarding employment before you make any employment decision, as it could become a costly error if you don't.As already mentioned, there are several different acts that fall under the greater heading of wrongful termination. The following are the most common examples of such: Discrimination. It is illegal to fire an employee based on his or her race, sex, nationality, religion, age, or (in some states) sexual orientation. Retaliation. It is illegal to fire an employee because he or she has filed a harassment or discrimination complaint. Such a termination is considered a retaliatory action, and is illegal under civil rights laws. Refusal to commit an illegal act. If you have ordered an employee to commit an illegal act - hide funds, say, or shred documents - and he or she refuses, it is illegal to fire that employee. Failure to follow termination procedures. Most employers of a certain size have a policy in place that describes the conditions under which an employee can be fired, and what procedures must be undertaken. If these written procedures are not followed to the letter, the fired employee may have the right to sue you for wrongful termination. It's important to know that, in some states, employment alone is considered an employment contract, and that no physical document has to be signed by either party for there to be a legally binding agreement between the two. The terms of this contract may be influenced by your company's employee handbook. If you are an employer, you may want to consider discussing the legality of any employment issues with a qualified employment attorney beforehand, as it can help you avoid the potentially damaging wrongful termination lawsuit. These court cases can drag on for well over a decade, if they go to the top courts. It is definitely better to be cautious in this situation. To find out more about employment law, visit slaterandkennon.com.

Lawyer For Employment Termination Paterson

Wrongful Termination Paterson

In Paterson, “employment-at-will” laws mean that employers can terminate the employee at any time for any reason. Likewise, an employee may decide to quit for any reason – or for no reason at all – without warning. These laws mean that, in most cases, you do not have legal recourse if you have been discharged from your job, even if there didn’t seem to be any basis for the termination.

In certain cases, however, employment termination is an actionable offense. These scenarios include:

  • You were terminated because of illegal discrimination
  • Your termination was a form of employer retaliation
  • You were discharged in an attempt to prevent you from collecting or obtaining deserved benefits

There are several other situations that could constitute wrongful termination. If you have reason to believe that you were discharged for an illegal reason or on the basis of discriminatory action on the part of your employer, it is crucial that you seek experienced counsel from one of our employment lawyers who is thoroughly familiar with this field of law. You could be entitled to monetary benefits.

Our wrongful terminations attorneys have represented numerous victims of wrongful termination and are prepared to put this experience to work for you. Get help from a firm that is solely dedicated to protecting the rights of workers, unlike other firms in the area.

 

Call 855-596-4657 today to set up an initial case consultation at the firm’s Paterson location.

What Is a Wrongful Termination?

A wrongful termination is any firing that is illegal. A firing is illegal when it:

  • Violates a federal, state, or local law, or
  • Violates an employment contract.

Just because a termination is unfair doesn’t make it illegal. For example, it might be unfair for your boss to fire you so he can hire his inexperienced niece or nephew. However, because there’s no law against nepotism, you wouldn’t have a wrongful termination claim.

Violation of Federal, State, or Local Laws

The default rule in the United States is “at-will employment.” This means employers can fire employees at any time, for any reason. However, there is one important exception to this rule. Employers cannot fire at-will employees for illegal reasons. Federal, state, and local laws carve out a handful of reasons that are illegal. For example, it’s illegal to fire employees due to their race or gender.

Violation of Employment Contract

Employees no longer work at-will when they have an employment contract. We usually think of employment contracts as being written, but they can also be formed by words and actions. (See our article explaining how employers create employment contracts and alter at-will employment.) A contract employee cannot be fired if it would violate the terms of the contract. Typically, this means that employers cannot fire employees with having a good reason (called “cause”) before the term of the contract is up. Employers also can’t fire contract employees in violation of state, federal, or local laws.

How Do I File a Wrongful Termination Claim?

If your wrongful termination claim is based on discrimination or harassment, you will need to file an administrative complaint first (called a “charge”). You must typically file your charge with the Equal Employment Opportunity Commission (EEOC)—or a state agency that enforces antidiscrimination laws—within 180 days of the discrimination or harassment. The EEOC or the state agency will investigate your complaint and decide whether to take action. Most of the time, the EEOC will simply issue a “right-to-sue” letter, which allows you to file your wrongful termination lawsuit in court.

The process of filing an EEOC charge is relatively simple. You can file your claim in person at one of the EEOC’s local field offices or you can file your claim by mail. To file by mail, send a letter to the EEOC with your contract information, your employer’s contact information, an explanation of how you were discriminated against or harassed, and when these events happened. You must also sign your letter.

While you don’t need a lawyer to file an administrative charge, it’s often helpful to do so, especially if you plan on filing a lawsuit down the road. Once you file your claim, the EEOC will speak to you, your employer, and any relevant witnesses. The information that the EEOC gathers can be used as evidence in your subsequent wrongful termination lawsuit. The EEOC may also try to facilitate a settlement negotiation between you and your employer. A wrongful termination lawyer will ensure that you’re receiving a fair offer and that you don’t give up any rights that you shouldn’t.

For most other types of wrongful terminations claims, you aren’t required to file a claim with an administrative agency first (although you may have the option). You can go straight to filing a lawsuit in court. For this, you will almost certainly need the assistance of an employment lawyer.


Can I Sue My Former Employer For Wrongful Termination

3 Common Employment Law Questions Answered

Understanding the governing employment law is central to understanding wrongful termination. There are circumstances where employers can not fire his or her employees but termination is not at all times illegal. More often than not, people who are laid off feel that their termination is illegal, unfair or even unethical. It is in this light that one should understand the issues concerning wrongful termination.What is the Employment Law?Employment Law is an all-encompassing legal term governing the legal relationship between the employee and employer. If violation of this law occurs, the relationship of the two parties and the workplace will be affected as tensions and predicament come up. Often, companies do have their employee manuals or handbooks which are good source of the company's regulations and policies governing the employment relationship, conducts on the workplace, complaint procedures, employees rights, resignation and termination policies. What are the valid reasons for a wrongful termination?A wrongful termination takes place when an employer violates a particular state or federal law. These are the valid reasons for a wrongful termination:Discrimination on the workplaceWhen an employer fires an employee on the basis of gender, race, religion, disability or any other related reasons, the employer committed a wrongful termination because the reasons mentioned are discriminatory in nature.RetaliationRetaliation takes place when an employer fired en employee due to his or her refusal to cooperate in the illegal activity demanded by the employer or if the employee reported the illicit activity of the employer to the management.Character DefamationIf an employer defames or demeans an employee on purpose to rationalize termination, he has committed a wrongful termination.Breach of explicit or implied contractBreach of explicit or implied contract occurs when an employer terminates an employee who is under a contract and fulfilling the terms specified in the contract until the specified time frame ends. In addition, it the contract does not contain an escape clause, the said termination is likely to be a case of a wrongful termination. Breach of good faith and fair dealingThis stipulates that employees should be treated fairly, mainly if they have rendered long service to a company. As a result, employers can not discharge employees for primordial grounds like refusal to pay due rewards or giving promotions.There are also other grounds why an employee rights are violated. If you have been wrongfully terminated do not hesitate to fight for your right as an employee. The employment law protects you. Getting a good employment lawyer is a key to solving employment problems and making your workplace a more conducive and peaceful place to work in.

Constructive Discharge: Were You Forced to Quit Because of Intolerable Working Conditions?

Suing For Unlawful Termination

The defendant resigned and found employment with one of the claimant's competitors. Shortly after her resignation, the claimant discovered that the defendant had sent three e-mails to her personal e-mail account prior to leaving the company. The e-mails concerned:

* Presentations she had made to the claimant's customers;

* Feedback which customers had given in relation to the claimant's services; and

* Prices of the claimant's products.

The claimant was of the opinion that the information contained in the e-mails was confidential and therefore violated the terms of the defendant's contract of employment. The claimant confronted the defendant with its discovery.

The defendant said that she had sent the e-mails to her personal e-mail account in error, and offered to let the claimant view her personal e-mail account to show that she had not breached the terms of her contract. The claimant tried to persuade the defendant to stay in its employment, but was unsuccessful.

The claimant then instructed its solicitors to write to the defendant alleging that the defendant had breached the terms of her employment which amounted to breach of confidence. The claimant also requested the return of all its materials which were in the defendant's possession. The defendant replied to the letter stating that the e-mails were not sent to anyone else, and that once the error had been discovered, she had not even opened them.

The claimant did not respond to her letter. They instead issued proceedings against her and applied for an interim injunction. They alleged that the sending of the e-mails to her personal account amounted to her 'using' confidential information in contravention to her contractual obligations. They also alleged that by her failing to immediately return their materials, she had further breached the terms of her contract.

The claim was dismissed. The court held the where the e-mails had remained unopened the confidential information had not been 'used' in a way which amounted to breach of confidence. Although she had not immediately returned the materials, she had previously offered the claimant the permission to view her personal e-mail account and to delete the e-mails relating to the claimant's confidential information.

In addition to this, the court held that the information which was the subject of the claimant's complaint was utterly innocuous and that the claimant had reacted totally disproportionately. The matter should not have been taken to court and the defendant's undertakings had been adequate.

© RT COOPERS, 2006. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

Lawyer For Employment Termination Gloucester Township

Wrongful Termination Gloucester Township

In Gloucester Township, “employment-at-will” laws mean that employers can terminate the employee at any time for any reason. Likewise, an employee may decide to quit for any reason – or for no reason at all – without warning. These laws mean that, in most cases, you do not have legal recourse if you have been discharged from your job, even if there didn’t seem to be any basis for the termination.

In certain cases, however, employment termination is an actionable offense. These scenarios include:

  • You were terminated because of illegal discrimination
  • Your termination was a form of employer retaliation
  • You were discharged in an attempt to prevent you from collecting or obtaining deserved benefits

There are several other situations that could constitute wrongful termination. If you have reason to believe that you were discharged for an illegal reason or on the basis of discriminatory action on the part of your employer, it is crucial that you seek experienced counsel from one of our employment lawyers who is thoroughly familiar with this field of law. You could be entitled to monetary benefits.

Our wrongful terminations attorneys have represented numerous victims of wrongful termination and are prepared to put this experience to work for you. Get help from a firm that is solely dedicated to protecting the rights of workers, unlike other firms in the area.

 

Call 855-596-4657 today to set up an initial case consultation at the firm’s Gloucester Township location.

What Is a Wrongful Termination?

A wrongful termination is any firing that is illegal. A firing is illegal when it:

  • Violates a federal, state, or local law, or
  • Violates an employment contract.

Just because a termination is unfair doesn’t make it illegal. For example, it might be unfair for your boss to fire you so he can hire his inexperienced niece or nephew. However, because there’s no law against nepotism, you wouldn’t have a wrongful termination claim.

Violation of Federal, State, or Local Laws

The default rule in the United States is “at-will employment.” This means employers can fire employees at any time, for any reason. However, there is one important exception to this rule. Employers cannot fire at-will employees for illegal reasons. Federal, state, and local laws carve out a handful of reasons that are illegal. For example, it’s illegal to fire employees due to their race or gender.

Violation of Employment Contract

Employees no longer work at-will when they have an employment contract. We usually think of employment contracts as being written, but they can also be formed by words and actions. (See our article explaining how employers create employment contracts and alter at-will employment.) A contract employee cannot be fired if it would violate the terms of the contract. Typically, this means that employers cannot fire employees with having a good reason (called “cause”) before the term of the contract is up. Employers also can’t fire contract employees in violation of state, federal, or local laws.

How Do I File a Wrongful Termination Claim?

If your wrongful termination claim is based on discrimination or harassment, you will need to file an administrative complaint first (called a “charge”). You must typically file your charge with the Equal Employment Opportunity Commission (EEOC)—or a state agency that enforces antidiscrimination laws—within 180 days of the discrimination or harassment. The EEOC or the state agency will investigate your complaint and decide whether to take action. Most of the time, the EEOC will simply issue a “right-to-sue” letter, which allows you to file your wrongful termination lawsuit in court.

The process of filing an EEOC charge is relatively simple. You can file your claim in person at one of the EEOC’s local field offices or you can file your claim by mail. To file by mail, send a letter to the EEOC with your contract information, your employer’s contact information, an explanation of how you were discriminated against or harassed, and when these events happened. You must also sign your letter.

While you don’t need a lawyer to file an administrative charge, it’s often helpful to do so, especially if you plan on filing a lawsuit down the road. Once you file your claim, the EEOC will speak to you, your employer, and any relevant witnesses. The information that the EEOC gathers can be used as evidence in your subsequent wrongful termination lawsuit. The EEOC may also try to facilitate a settlement negotiation between you and your employer. A wrongful termination lawyer will ensure that you’re receiving a fair offer and that you don’t give up any rights that you shouldn’t.

For most other types of wrongful terminations claims, you aren’t required to file a claim with an administrative agency first (although you may have the option). You can go straight to filing a lawsuit in court. For this, you will almost certainly need the assistance of an employment lawyer.


Can An Employee Sue An Employer For Wrongful Termination

Employment Lawyer Federal Organizations

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

· discrimination

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.


What is Wrongful Termination?

What Is Considered Wrongful Termination Wrongful termination is defined as an employee who was fired from their employment against company policies or for reasons that are not legal. There are several important factors to consider if you think that you might have been wrongfully terminated.I Think My Contract Was BreachedIf you had a contract or other bargaining agreement with your employer, then your employer must be sure to follow contractual obligations when firing you, or they may be liable for wrongful termination. Employee handbooks and guidelines are not equivalent to a contract. If you think that your contract has been violated, you should contact an attorney who is familiar with wrongful termination and contractual law in order to get a professional opinion about any possible violations.I Didn't Have a Contract But Still Think I Was Wrongfully Terminated If there isn't a contract, your employer doesn't need a reason to fire you. Your employment is considered employment at-will, in which your employer is able to fire you and you are able to quit your job as desired. If you feel your firing was unfair, it doesn't necessarily mean that you have been wrongfully terminated.Wrongful termination does happen, though, and employees who were fired are eligible for protection, provided that they were truly wrongfully terminated. Besides breaches in contract, wrongful termination includes:· Discrimination: racial, religious, sexual or other· Violations of state laws (such as a violation of state laws dictating maternity leave)· Employer retaliation (such as firing an employee for whistle-blowing or refusing to participate in illegal activities)If you think that you have been wrongfully terminated, the first step is to file a complaint. The reason for your wrongful termination will determine who you file your complaint with. If you suffered from discrimination, your complaint should be filed with the Equal Employment Opportunity Commission. You have only 180 days after being fired to file a complaint with the EEOC, and fewer if you worked for the federal government. Breaches in contract will most likely need to be filed with your state's labor office.If you are confused about how to file a claim or with whom to file it, you should contact your state labor office or an attorney who specializes in wrongful termination, discrimination, or contractual law.In most states, you must file a complaint before you are able to pursue a lawsuit against an employer. Making sure your claim is solid and accurate will increase the chances that your claim is upheld and that you are able to proceed with a lawsuit, so contacting an attorney early on can pay off later. If your claim makes it to the lawsuit stage, you will be able to ask for certain damages stemming from your wrongful termination: · Lost wages or unemployment benefits· Severance Packages or Job Reinstatement· Punitive Damages· Unclaimed Benefits· Attorney FeesWrongful termination is against the law and employers who engage in it can be held responsible for their actions. Your state labor office or an attorney who specializes in employment or discrimination law can help you in your legal process.

Lawyers That Deal With Wrongful Termination Perth Amboy

Wrongful Termination Perth Amboy

In Perth Amboy, “employment-at-will” laws mean that employers can terminate the employee at any time for any reason. Likewise, an employee may decide to quit for any reason – or for no reason at all – without warning. These laws mean that, in most cases, you do not have legal recourse if you have been discharged from your job, even if there didn’t seem to be any basis for the termination.

In certain cases, however, employment termination is an actionable offense. These scenarios include:

  • You were terminated because of illegal discrimination
  • Your termination was a form of employer retaliation
  • You were discharged in an attempt to prevent you from collecting or obtaining deserved benefits

There are several other situations that could constitute wrongful termination. If you have reason to believe that you were discharged for an illegal reason or on the basis of discriminatory action on the part of your employer, it is crucial that you seek experienced counsel from one of our employment lawyers who is thoroughly familiar with this field of law. You could be entitled to monetary benefits.

Our wrongful terminations attorneys have represented numerous victims of wrongful termination and are prepared to put this experience to work for you. Get help from a firm that is solely dedicated to protecting the rights of workers, unlike other firms in the area.

 

Call 855-596-4657 today to set up an initial case consultation at the firm’s Perth Amboy location.

What Is a Wrongful Termination?

A wrongful termination is any firing that is illegal. A firing is illegal when it:

  • Violates a federal, state, or local law, or
  • Violates an employment contract.

Just because a termination is unfair doesn’t make it illegal. For example, it might be unfair for your boss to fire you so he can hire his inexperienced niece or nephew. However, because there’s no law against nepotism, you wouldn’t have a wrongful termination claim.

Violation of Federal, State, or Local Laws

The default rule in the United States is “at-will employment.” This means employers can fire employees at any time, for any reason. However, there is one important exception to this rule. Employers cannot fire at-will employees for illegal reasons. Federal, state, and local laws carve out a handful of reasons that are illegal. For example, it’s illegal to fire employees due to their race or gender.

Violation of Employment Contract

Employees no longer work at-will when they have an employment contract. We usually think of employment contracts as being written, but they can also be formed by words and actions. (See our article explaining how employers create employment contracts and alter at-will employment.) A contract employee cannot be fired if it would violate the terms of the contract. Typically, this means that employers cannot fire employees with having a good reason (called “cause”) before the term of the contract is up. Employers also can’t fire contract employees in violation of state, federal, or local laws.

How Do I File a Wrongful Termination Claim?

If your wrongful termination claim is based on discrimination or harassment, you will need to file an administrative complaint first (called a “charge”). You must typically file your charge with the Equal Employment Opportunity Commission (EEOC)—or a state agency that enforces antidiscrimination laws—within 180 days of the discrimination or harassment. The EEOC or the state agency will investigate your complaint and decide whether to take action. Most of the time, the EEOC will simply issue a “right-to-sue” letter, which allows you to file your wrongful termination lawsuit in court.

The process of filing an EEOC charge is relatively simple. You can file your claim in person at one of the EEOC’s local field offices or you can file your claim by mail. To file by mail, send a letter to the EEOC with your contract information, your employer’s contact information, an explanation of how you were discriminated against or harassed, and when these events happened. You must also sign your letter.

While you don’t need a lawyer to file an administrative charge, it’s often helpful to do so, especially if you plan on filing a lawsuit down the road. Once you file your claim, the EEOC will speak to you, your employer, and any relevant witnesses. The information that the EEOC gathers can be used as evidence in your subsequent wrongful termination lawsuit. The EEOC may also try to facilitate a settlement negotiation between you and your employer. A wrongful termination lawyer will ensure that you’re receiving a fair offer and that you don’t give up any rights that you shouldn’t.

For most other types of wrongful terminations claims, you aren’t required to file a claim with an administrative agency first (although you may have the option). You can go straight to filing a lawsuit in court. For this, you will almost certainly need the assistance of an employment lawyer.


Sue Your Employer For Wrongful Termination

Employment - Disclosure of Information - Breach of Confidence

It seems that most employment law legislation is designed to make life harder for the employer and easier for every member of staff. From maternity laws to unfair dismissal, most laws seem weighted against the employer.

That was certainly the case when the statutory grievance and disciplinary procedures came into force in 2004. They made it simple for an employee to make a claim for unfair dismissal. If an employer made even one mistake in following a grievance or disciplinary procedure, evidence of the mistake was enough to allow the employee to make a claim for unfair dismissal, even if the reasons for dismissal were genuine. This led to many claims for compensation being paid out when, had the correct procedure been followed, this might not have been the case. For small employers this burden and the costs of the compensation claims were often too much to bear.

Sense has now finally prevailed, after much stress caused to employers, solicitors and Employment Law Tribunals, and the Employment Act 2008 finally obtained Royal Assent recently. This will come into force on 6th April 2009 and will redress the balance in these situations so that all the weight does not fall onto the shoulders of the employer.

When the Employment Act 2008 comes into force the previous statutory grievance and disciplinary procedures will be repealed. The Employment Law Tribunal will now examine the facts of the case to see whether the employee followed the ACAS Code of Practice in a grievance or disciplinary procedure. Failure to follow the procedure now will not lead to an automatic unfair dismissal but to an increase in the amount of any compensation awarded of up to 25%. However, the employee will now be able to argue that even if they had followed the procedure, the employee would still have been dismissed. If they are successful, the amount of any award can be reduced by as much as 100%.

This will make a significant difference to employers and could save hundreds of thousands of pounds of compensation for employers that cannot afford it, especially when technically they have done nothing wrong.


Constructive Discharge: Were You Forced to Quit Because of Intolerable Working Conditions?

Suing Employer For Wrongful Termination

It seems that most employment law legislation is designed to make life harder for the employer and easier for every member of staff. From maternity laws to unfair dismissal, most laws seem weighted against the employer.

That was certainly the case when the statutory grievance and disciplinary procedures came into force in 2004. They made it simple for an employee to make a claim for unfair dismissal. If an employer made even one mistake in following a grievance or disciplinary procedure, evidence of the mistake was enough to allow the employee to make a claim for unfair dismissal, even if the reasons for dismissal were genuine. This led to many claims for compensation being paid out when, had the correct procedure been followed, this might not have been the case. For small employers this burden and the costs of the compensation claims were often too much to bear.

Sense has now finally prevailed, after much stress caused to employers, solicitors and Employment Law Tribunals, and the Employment Act 2008 finally obtained Royal Assent recently. This will come into force on 6th April 2009 and will redress the balance in these situations so that all the weight does not fall onto the shoulders of the employer.

When the Employment Act 2008 comes into force the previous statutory grievance and disciplinary procedures will be repealed. The Employment Law Tribunal will now examine the facts of the case to see whether the employee followed the ACAS Code of Practice in a grievance or disciplinary procedure. Failure to follow the procedure now will not lead to an automatic unfair dismissal but to an increase in the amount of any compensation awarded of up to 25%. However, the employee will now be able to argue that even if they had followed the procedure, the employee would still have been dismissed. If they are successful, the amount of any award can be reduced by as much as 100%.

This will make a significant difference to employers and could save hundreds of thousands of pounds of compensation for employers that cannot afford it, especially when technically they have done nothing wrong.

Wrongful Employment Termination Lawyers Hamilton

Wrongful Termination Hamilton

In Hamilton, “employment-at-will” laws mean that employers can terminate the employee at any time for any reason. Likewise, an employee may decide to quit for any reason – or for no reason at all – without warning. These laws mean that, in most cases, you do not have legal recourse if you have been discharged from your job, even if there didn’t seem to be any basis for the termination.

In certain cases, however, employment termination is an actionable offense. These scenarios include:

  • You were terminated because of illegal discrimination
  • Your termination was a form of employer retaliation
  • You were discharged in an attempt to prevent you from collecting or obtaining deserved benefits

There are several other situations that could constitute wrongful termination. If you have reason to believe that you were discharged for an illegal reason or on the basis of discriminatory action on the part of your employer, it is crucial that you seek experienced counsel from one of our employment lawyers who is thoroughly familiar with this field of law. You could be entitled to monetary benefits.

Our wrongful terminations attorneys have represented numerous victims of wrongful termination and are prepared to put this experience to work for you. Get help from a firm that is solely dedicated to protecting the rights of workers, unlike other firms in the area.

 

Call 855-596-4657 today to set up an initial case consultation at the firm’s Hamilton location.

What Is a Wrongful Termination?

A wrongful termination is any firing that is illegal. A firing is illegal when it:

  • Violates a federal, state, or local law, or
  • Violates an employment contract.

Just because a termination is unfair doesn’t make it illegal. For example, it might be unfair for your boss to fire you so he can hire his inexperienced niece or nephew. However, because there’s no law against nepotism, you wouldn’t have a wrongful termination claim.

Violation of Federal, State, or Local Laws

The default rule in the United States is “at-will employment.” This means employers can fire employees at any time, for any reason. However, there is one important exception to this rule. Employers cannot fire at-will employees for illegal reasons. Federal, state, and local laws carve out a handful of reasons that are illegal. For example, it’s illegal to fire employees due to their race or gender.

Violation of Employment Contract

Employees no longer work at-will when they have an employment contract. We usually think of employment contracts as being written, but they can also be formed by words and actions. (See our article explaining how employers create employment contracts and alter at-will employment.) A contract employee cannot be fired if it would violate the terms of the contract. Typically, this means that employers cannot fire employees with having a good reason (called “cause”) before the term of the contract is up. Employers also can’t fire contract employees in violation of state, federal, or local laws.

How Do I File a Wrongful Termination Claim?

If your wrongful termination claim is based on discrimination or harassment, you will need to file an administrative complaint first (called a “charge”). You must typically file your charge with the Equal Employment Opportunity Commission (EEOC)—or a state agency that enforces antidiscrimination laws—within 180 days of the discrimination or harassment. The EEOC or the state agency will investigate your complaint and decide whether to take action. Most of the time, the EEOC will simply issue a “right-to-sue” letter, which allows you to file your wrongful termination lawsuit in court.

The process of filing an EEOC charge is relatively simple. You can file your claim in person at one of the EEOC’s local field offices or you can file your claim by mail. To file by mail, send a letter to the EEOC with your contract information, your employer’s contact information, an explanation of how you were discriminated against or harassed, and when these events happened. You must also sign your letter.

While you don’t need a lawyer to file an administrative charge, it’s often helpful to do so, especially if you plan on filing a lawsuit down the road. Once you file your claim, the EEOC will speak to you, your employer, and any relevant witnesses. The information that the EEOC gathers can be used as evidence in your subsequent wrongful termination lawsuit. The EEOC may also try to facilitate a settlement negotiation between you and your employer. A wrongful termination lawyer will ensure that you’re receiving a fair offer and that you don’t give up any rights that you shouldn’t.

For most other types of wrongful terminations claims, you aren’t required to file a claim with an administrative agency first (although you may have the option). You can go straight to filing a lawsuit in court. For this, you will almost certainly need the assistance of an employment lawyer.


Suing An Employer For Wrongful Termination

Wrongful Termination During Workers' Comp - Disability Leave

Wrongful termination can be a devastating experience that not only affects your career in the short term but can also affect your ability to get back on your feet and find a new job.Firstly, your specific job and the employment contract that you signed and the local employment laws that govern where you live may largely determine whether or not you are a victim of wrongful termination.For example, if you signed a confidentiality agreement and there is verifiable proof that you violated this aspect of your agreement, this would most likely be a legitimate example of being fired for cause ie. the company had the right to fire you.Another example would be if you were caught stealing from your employer.But what if the circumstances regarding your termination aren't as clear?Often when an employee is fired, it might be on the basis of a perceived problem or disagreement of opinion such as your inability to do the job. Here are some other typical reasons that people get fired where a case of wrongful termination may exist: A personal conflict with your boss and/or colleagues that results in you getting fired. A breach of contract where you are improperly fired for violating part of your contract. A downsizing where you are told that your job is being eliminated only to find out that your employer then hires someone to replace you in the exact same position. Being fired or forced to quit so that your boss can hire a friend to replace you. Sexual harassment ie. you are sexually harassed and when you rebuff the advances or report them, you are fired. Discrimination based on sex, race, age, religion, sexual orientation, political affiliation, etc. You report a wrongdoing in the company and are fired ie. you are a whistleblower. These are just some of the reasons where a case of wrongful termination might exist. Certainly your specific situation and the employment laws that govern your area of employment may take precedence.How Can You Minimize The Chances Of Wrongful Termination?Wherever possible, always document your work and keep hard copies of any emails or other written documentation that positively comments on your work. For example, if you receive a positive employment review from your boss, bring a copy of it home and keep it on file.If you receive written praise from peers regarding a project you worked on, keep a copy of it at home.I'm not suggesting you remove work-related material and take it home with you if it violates your employment contract or if it's the property of the company but keeping a copy of personal materials that you should be entitled to such as a performance review is legitimate especially if your manager gives you a copy to keep.If you are unsure, ask your manager if you can keep a copy of your performance review at the time it is given to you. In this case, I suggest taking a copy home with you because in the case of a firing or downsizing, you might not be allowed to take anything out of the office or to access your computer.As a recruiter, I've seen job searchers use recent performance reviews from their current employer to highlight certain skills or accomplishments they are proud of.Having written documentation that positively highlights your work track record can come in handy down the line if you need to illustrate your past performance especially if comments being made about you by an ex-employer contradict positive comments that were written about you earlier on.If you feel that you are a victim of wrongful termination, the first thing you should consider is getting legal advice to properly understand your situation from a legal perspective and whether or not you have a legitimate case.

Constructive Discharge: Were You Forced to Quit Because of Intolerable Working Conditions?

What Is Considered Wrongful Termination Understanding the governing employment law is central to understanding wrongful termination. There are circumstances where employers can not fire his or her employees but termination is not at all times illegal. More often than not, people who are laid off feel that their termination is illegal, unfair or even unethical. It is in this light that one should understand the issues concerning wrongful termination.What is the Employment Law?Employment Law is an all-encompassing legal term governing the legal relationship between the employee and employer. If violation of this law occurs, the relationship of the two parties and the workplace will be affected as tensions and predicament come up. Often, companies do have their employee manuals or handbooks which are good source of the company's regulations and policies governing the employment relationship, conducts on the workplace, complaint procedures, employees rights, resignation and termination policies. What are the valid reasons for a wrongful termination?A wrongful termination takes place when an employer violates a particular state or federal law. These are the valid reasons for a wrongful termination:Discrimination on the workplaceWhen an employer fires an employee on the basis of gender, race, religion, disability or any other related reasons, the employer committed a wrongful termination because the reasons mentioned are discriminatory in nature.RetaliationRetaliation takes place when an employer fired en employee due to his or her refusal to cooperate in the illegal activity demanded by the employer or if the employee reported the illicit activity of the employer to the management.Character DefamationIf an employer defames or demeans an employee on purpose to rationalize termination, he has committed a wrongful termination.Breach of explicit or implied contractBreach of explicit or implied contract occurs when an employer terminates an employee who is under a contract and fulfilling the terms specified in the contract until the specified time frame ends. In addition, it the contract does not contain an escape clause, the said termination is likely to be a case of a wrongful termination. Breach of good faith and fair dealingThis stipulates that employees should be treated fairly, mainly if they have rendered long service to a company. As a result, employers can not discharge employees for primordial grounds like refusal to pay due rewards or giving promotions.There are also other grounds why an employee rights are violated. If you have been wrongfully terminated do not hesitate to fight for your right as an employee. The employment law protects you. Getting a good employment lawyer is a key to solving employment problems and making your workplace a more conducive and peaceful place to work in.

Wrongful Termination Employment Law Piscataway

Wrongful Termination Piscataway

In Piscataway, “employment-at-will” laws mean that employers can terminate the employee at any time for any reason. Likewise, an employee may decide to quit for any reason – or for no reason at all – without warning. These laws mean that, in most cases, you do not have legal recourse if you have been discharged from your job, even if there didn’t seem to be any basis for the termination.

In certain cases, however, employment termination is an actionable offense. These scenarios include:

  • You were terminated because of illegal discrimination
  • Your termination was a form of employer retaliation
  • You were discharged in an attempt to prevent you from collecting or obtaining deserved benefits

There are several other situations that could constitute wrongful termination. If you have reason to believe that you were discharged for an illegal reason or on the basis of discriminatory action on the part of your employer, it is crucial that you seek experienced counsel from one of our employment lawyers who is thoroughly familiar with this field of law. You could be entitled to monetary benefits.

Our wrongful terminations attorneys have represented numerous victims of wrongful termination and are prepared to put this experience to work for you. Get help from a firm that is solely dedicated to protecting the rights of workers, unlike other firms in the area.

 

Call 855-596-4657 today to set up an initial case consultation at the firm’s Piscataway location.

What Is a Wrongful Termination?

A wrongful termination is any firing that is illegal. A firing is illegal when it:

  • Violates a federal, state, or local law, or
  • Violates an employment contract.

Just because a termination is unfair doesn’t make it illegal. For example, it might be unfair for your boss to fire you so he can hire his inexperienced niece or nephew. However, because there’s no law against nepotism, you wouldn’t have a wrongful termination claim.

Violation of Federal, State, or Local Laws

The default rule in the United States is “at-will employment.” This means employers can fire employees at any time, for any reason. However, there is one important exception to this rule. Employers cannot fire at-will employees for illegal reasons. Federal, state, and local laws carve out a handful of reasons that are illegal. For example, it’s illegal to fire employees due to their race or gender.

Violation of Employment Contract

Employees no longer work at-will when they have an employment contract. We usually think of employment contracts as being written, but they can also be formed by words and actions. (See our article explaining how employers create employment contracts and alter at-will employment.) A contract employee cannot be fired if it would violate the terms of the contract. Typically, this means that employers cannot fire employees with having a good reason (called “cause”) before the term of the contract is up. Employers also can’t fire contract employees in violation of state, federal, or local laws.

How Do I File a Wrongful Termination Claim?

If your wrongful termination claim is based on discrimination or harassment, you will need to file an administrative complaint first (called a “charge”). You must typically file your charge with the Equal Employment Opportunity Commission (EEOC)—or a state agency that enforces antidiscrimination laws—within 180 days of the discrimination or harassment. The EEOC or the state agency will investigate your complaint and decide whether to take action. Most of the time, the EEOC will simply issue a “right-to-sue” letter, which allows you to file your wrongful termination lawsuit in court.

The process of filing an EEOC charge is relatively simple. You can file your claim in person at one of the EEOC’s local field offices or you can file your claim by mail. To file by mail, send a letter to the EEOC with your contract information, your employer’s contact information, an explanation of how you were discriminated against or harassed, and when these events happened. You must also sign your letter.

While you don’t need a lawyer to file an administrative charge, it’s often helpful to do so, especially if you plan on filing a lawsuit down the road. Once you file your claim, the EEOC will speak to you, your employer, and any relevant witnesses. The information that the EEOC gathers can be used as evidence in your subsequent wrongful termination lawsuit. The EEOC may also try to facilitate a settlement negotiation between you and your employer. A wrongful termination lawyer will ensure that you’re receiving a fair offer and that you don’t give up any rights that you shouldn’t.

For most other types of wrongful terminations claims, you aren’t required to file a claim with an administrative agency first (although you may have the option). You can go straight to filing a lawsuit in court. For this, you will almost certainly need the assistance of an employment lawyer.


Can You Sue For Wrongful Termination

A Primer on Wrongful Termination

Wrongful termination is a very big term that covers a lot of different scenarios and circumstances. In general, though, it refers to the termination of an employee's contract of employment in violation of the contract, a written company policy. Wrongful termination is illegal, and if you fire somebody without cause, you can open yourself up to some unwanted legal trouble. Make sure you are familiar not only with the state law but also your company's policies regarding employment before you make any employment decision, as it could become a costly error if you don't.As already mentioned, there are several different acts that fall under the greater heading of wrongful termination. The following are the most common examples of such: Discrimination. It is illegal to fire an employee based on his or her race, sex, nationality, religion, age, or (in some states) sexual orientation. Retaliation. It is illegal to fire an employee because he or she has filed a harassment or discrimination complaint. Such a termination is considered a retaliatory action, and is illegal under civil rights laws. Refusal to commit an illegal act. If you have ordered an employee to commit an illegal act - hide funds, say, or shred documents - and he or she refuses, it is illegal to fire that employee. Failure to follow termination procedures. Most employers of a certain size have a policy in place that describes the conditions under which an employee can be fired, and what procedures must be undertaken. If these written procedures are not followed to the letter, the fired employee may have the right to sue you for wrongful termination. It's important to know that, in some states, employment alone is considered an employment contract, and that no physical document has to be signed by either party for there to be a legally binding agreement between the two. The terms of this contract may be influenced by your company's employee handbook. If you are an employer, you may want to consider discussing the legality of any employment issues with a qualified employment attorney beforehand, as it can help you avoid the potentially damaging wrongful termination lawsuit. These court cases can drag on for well over a decade, if they go to the top courts. It is definitely better to be cautious in this situation. To find out more about employment law, visit slaterandkennon.com.

The Qualities Found in a Federal Employee Lawyer

Can You Sue An Employer For Wrongful Termination Being hurt or injured on the job can have a profound effect on your life and the lives of your family members. Not only can you incur high costs due to medical expenses, you also might fear lost wages due to missed work. However, imagine if you were then subsequently terminated from your place of employment while on disability/workers' compensation leave. Now, not only are you recovering from an injury, but you must also find a new job and continue providing for your spouse and children. This is understandably devastating and luckily, the law protects you from this type of event from occurring. It is important determine the reason for termination in order to bring this type of incident to court. The law protects you from being fired because you were injured, but it may not protect you if you were fired while you were injured. This contradiction can be confusing in the eyes of average citizens, so the help of an experienced attorney is necessary in navigating the often-complicated legal landscape.According to the New Jersey Department of Labor and Workforce Development, the following guidelines apply to termination during disability leave: The NJSA 34:15-39.1 statue prohibits the termination of an employee in retaliation for filing a workers' compensation claim or testifying at a hearing of that nature. If you believe you were fired because of the above reasons, you have the right to file a discrimination complaint. The law provides for restoration of your former job and payment of any lost wages, providing you can still perform the duties of that job. If your termination was based on your disabling condition, you also may be able to file a claim under the Americans with Disabilities Act. If you believe you were wrongfully terminated, you deserve to be represented in a court of law for your case. The best way to bring justice to your claim is with the help of an experienced attorney. No one deserves to be terminated because of an injury or illness that they sustained due to the job itself. Not only is this illegal, it is unethical. In order to present your case in the best light and potentially receive the compensation to which you are entitled, you should employ the help of a lawyer right away.

Wrongful Termination Employment Law Hoboken

Wrongful Termination Hoboken

In Hoboken, “employment-at-will” laws mean that employers can terminate the employee at any time for any reason. Likewise, an employee may decide to quit for any reason – or for no reason at all – without warning. These laws mean that, in most cases, you do not have legal recourse if you have been discharged from your job, even if there didn’t seem to be any basis for the termination.

In certain cases, however, employment termination is an actionable offense. These scenarios include:

  • You were terminated because of illegal discrimination
  • Your termination was a form of employer retaliation
  • You were discharged in an attempt to prevent you from collecting or obtaining deserved benefits

There are several other situations that could constitute wrongful termination. If you have reason to believe that you were discharged for an illegal reason or on the basis of discriminatory action on the part of your employer, it is crucial that you seek experienced counsel from one of our employment lawyers who is thoroughly familiar with this field of law. You could be entitled to monetary benefits.

Our wrongful terminations attorneys have represented numerous victims of wrongful termination and are prepared to put this experience to work for you. Get help from a firm that is solely dedicated to protecting the rights of workers, unlike other firms in the area.

 

Call 855-596-4657 today to set up an initial case consultation at the firm’s Hoboken location.

What Is a Wrongful Termination?

A wrongful termination is any firing that is illegal. A firing is illegal when it:

  • Violates a federal, state, or local law, or
  • Violates an employment contract.

Just because a termination is unfair doesn’t make it illegal. For example, it might be unfair for your boss to fire you so he can hire his inexperienced niece or nephew. However, because there’s no law against nepotism, you wouldn’t have a wrongful termination claim.

Violation of Federal, State, or Local Laws

The default rule in the United States is “at-will employment.” This means employers can fire employees at any time, for any reason. However, there is one important exception to this rule. Employers cannot fire at-will employees for illegal reasons. Federal, state, and local laws carve out a handful of reasons that are illegal. For example, it’s illegal to fire employees due to their race or gender.

Violation of Employment Contract

Employees no longer work at-will when they have an employment contract. We usually think of employment contracts as being written, but they can also be formed by words and actions. (See our article explaining how employers create employment contracts and alter at-will employment.) A contract employee cannot be fired if it would violate the terms of the contract. Typically, this means that employers cannot fire employees with having a good reason (called “cause”) before the term of the contract is up. Employers also can’t fire contract employees in violation of state, federal, or local laws.

How Do I File a Wrongful Termination Claim?

If your wrongful termination claim is based on discrimination or harassment, you will need to file an administrative complaint first (called a “charge”). You must typically file your charge with the Equal Employment Opportunity Commission (EEOC)—or a state agency that enforces antidiscrimination laws—within 180 days of the discrimination or harassment. The EEOC or the state agency will investigate your complaint and decide whether to take action. Most of the time, the EEOC will simply issue a “right-to-sue” letter, which allows you to file your wrongful termination lawsuit in court.

The process of filing an EEOC charge is relatively simple. You can file your claim in person at one of the EEOC’s local field offices or you can file your claim by mail. To file by mail, send a letter to the EEOC with your contract information, your employer’s contact information, an explanation of how you were discriminated against or harassed, and when these events happened. You must also sign your letter.

While you don’t need a lawyer to file an administrative charge, it’s often helpful to do so, especially if you plan on filing a lawsuit down the road. Once you file your claim, the EEOC will speak to you, your employer, and any relevant witnesses. The information that the EEOC gathers can be used as evidence in your subsequent wrongful termination lawsuit. The EEOC may also try to facilitate a settlement negotiation between you and your employer. A wrongful termination lawyer will ensure that you’re receiving a fair offer and that you don’t give up any rights that you shouldn’t.

For most other types of wrongful terminations claims, you aren’t required to file a claim with an administrative agency first (although you may have the option). You can go straight to filing a lawsuit in court. For this, you will almost certainly need the assistance of an employment lawyer.


Can I Sue A Company For Wrongful Termination

Wrongful Termination - Understanding Your Legal Rights

The defendant resigned and found employment with one of the claimant's competitors. Shortly after her resignation, the claimant discovered that the defendant had sent three e-mails to her personal e-mail account prior to leaving the company. The e-mails concerned:

* Presentations she had made to the claimant's customers;

* Feedback which customers had given in relation to the claimant's services; and

* Prices of the claimant's products.

The claimant was of the opinion that the information contained in the e-mails was confidential and therefore violated the terms of the defendant's contract of employment. The claimant confronted the defendant with its discovery.

The defendant said that she had sent the e-mails to her personal e-mail account in error, and offered to let the claimant view her personal e-mail account to show that she had not breached the terms of her contract. The claimant tried to persuade the defendant to stay in its employment, but was unsuccessful.

The claimant then instructed its solicitors to write to the defendant alleging that the defendant had breached the terms of her employment which amounted to breach of confidence. The claimant also requested the return of all its materials which were in the defendant's possession. The defendant replied to the letter stating that the e-mails were not sent to anyone else, and that once the error had been discovered, she had not even opened them.

The claimant did not respond to her letter. They instead issued proceedings against her and applied for an interim injunction. They alleged that the sending of the e-mails to her personal account amounted to her 'using' confidential information in contravention to her contractual obligations. They also alleged that by her failing to immediately return their materials, she had further breached the terms of her contract.

The claim was dismissed. The court held the where the e-mails had remained unopened the confidential information had not been 'used' in a way which amounted to breach of confidence. Although she had not immediately returned the materials, she had previously offered the claimant the permission to view her personal e-mail account and to delete the e-mails relating to the claimant's confidential information.

In addition to this, the court held that the information which was the subject of the claimant's complaint was utterly innocuous and that the claimant had reacted totally disproportionately. The matter should not have been taken to court and the defendant's undertakings had been adequate.

© RT COOPERS, 2006. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.


Constructive Discharge: Were You Forced to Quit Because of Intolerable Working Conditions?

What Kind Of Lawyer For Wrongful Termination

Wrongful termination occurs when you are fired in a way that violates public policy and may include situations where you were forced to resign (called constructive discharge). If your employer fired you, or asked you to resign, or if you quit because you felt working conditions were intolerable, you may have a case for wrongful discharge. You need to contact a lawyer and schedule an initial conference with him or her. To make that first meeting as fruitful as possible, you need to provide copies of a number of documents for the lawyer to review. There is a useful list of 18 things your lawyer may want to review presented at: http://employment.findlaw.com/articles/2563.html . A key item for review is a diary or chronology, or a written journal of events, with dates of important employment problems, any opposition you made to employment policies or practices, any participation you may have had in investigation of any discrimination complaint, meetings, and adverse actions taken against you. If you kept such a journal, good; make a copy. If not, start recreating the series of events from memory, emails, documents, your calendar, and whatever else can help jog your memory. This is done most easily on a computer, either as a table in Microsoft Word or as a modified spreadsheet in Microsoft Excel. The advantage of using the computer is that when you remember an event that occurred between two events you already have in the table, you can merely insert a new row into the table and fill in the date and details of the event. Having copies of documentation for your lawyer to review will help him or her determine if you have been the victim of wrongful termination.

I Need A Lawyer For Wrongful Termination Toms River

Wrongful Termination Toms River

In Toms River, “employment-at-will” laws mean that employers can terminate the employee at any time for any reason. Likewise, an employee may decide to quit for any reason – or for no reason at all – without warning. These laws mean that, in most cases, you do not have legal recourse if you have been discharged from your job, even if there didn’t seem to be any basis for the termination.

In certain cases, however, employment termination is an actionable offense. These scenarios include:

  • You were terminated because of illegal discrimination
  • Your termination was a form of employer retaliation
  • You were discharged in an attempt to prevent you from collecting or obtaining deserved benefits

There are several other situations that could constitute wrongful termination. If you have reason to believe that you were discharged for an illegal reason or on the basis of discriminatory action on the part of your employer, it is crucial that you seek experienced counsel from one of our employment lawyers who is thoroughly familiar with this field of law. You could be entitled to monetary benefits.

Our wrongful terminations attorneys have represented numerous victims of wrongful termination and are prepared to put this experience to work for you. Get help from a firm that is solely dedicated to protecting the rights of workers, unlike other firms in the area.

 

Call 855-596-4657 today to set up an initial case consultation at the firm’s Toms River location.

What Is a Wrongful Termination?

A wrongful termination is any firing that is illegal. A firing is illegal when it:

  • Violates a federal, state, or local law, or
  • Violates an employment contract.

Just because a termination is unfair doesn’t make it illegal. For example, it might be unfair for your boss to fire you so he can hire his inexperienced niece or nephew. However, because there’s no law against nepotism, you wouldn’t have a wrongful termination claim.

Violation of Federal, State, or Local Laws

The default rule in the United States is “at-will employment.” This means employers can fire employees at any time, for any reason. However, there is one important exception to this rule. Employers cannot fire at-will employees for illegal reasons. Federal, state, and local laws carve out a handful of reasons that are illegal. For example, it’s illegal to fire employees due to their race or gender.

Violation of Employment Contract

Employees no longer work at-will when they have an employment contract. We usually think of employment contracts as being written, but they can also be formed by words and actions. (See our article explaining how employers create employment contracts and alter at-will employment.) A contract employee cannot be fired if it would violate the terms of the contract. Typically, this means that employers cannot fire employees with having a good reason (called “cause”) before the term of the contract is up. Employers also can’t fire contract employees in violation of state, federal, or local laws.

How Do I File a Wrongful Termination Claim?

If your wrongful termination claim is based on discrimination or harassment, you will need to file an administrative complaint first (called a “charge”). You must typically file your charge with the Equal Employment Opportunity Commission (EEOC)—or a state agency that enforces antidiscrimination laws—within 180 days of the discrimination or harassment. The EEOC or the state agency will investigate your complaint and decide whether to take action. Most of the time, the EEOC will simply issue a “right-to-sue” letter, which allows you to file your wrongful termination lawsuit in court.

The process of filing an EEOC charge is relatively simple. You can file your claim in person at one of the EEOC’s local field offices or you can file your claim by mail. To file by mail, send a letter to the EEOC with your contract information, your employer’s contact information, an explanation of how you were discriminated against or harassed, and when these events happened. You must also sign your letter.

While you don’t need a lawyer to file an administrative charge, it’s often helpful to do so, especially if you plan on filing a lawsuit down the road. Once you file your claim, the EEOC will speak to you, your employer, and any relevant witnesses. The information that the EEOC gathers can be used as evidence in your subsequent wrongful termination lawsuit. The EEOC may also try to facilitate a settlement negotiation between you and your employer. A wrongful termination lawyer will ensure that you’re receiving a fair offer and that you don’t give up any rights that you shouldn’t.

For most other types of wrongful terminations claims, you aren’t required to file a claim with an administrative agency first (although you may have the option). You can go straight to filing a lawsuit in court. For this, you will almost certainly need the assistance of an employment lawyer.


What Kind Of Lawyer For Wrongful Termination

At Last, Employment Law Legislation That Helps Business Owners

Wrongful termination is a very big term that covers a lot of different scenarios and circumstances. In general, though, it refers to the termination of an employee's contract of employment in violation of the contract, a written company policy. Wrongful termination is illegal, and if you fire somebody without cause, you can open yourself up to some unwanted legal trouble. Make sure you are familiar not only with the state law but also your company's policies regarding employment before you make any employment decision, as it could become a costly error if you don't.As already mentioned, there are several different acts that fall under the greater heading of wrongful termination. The following are the most common examples of such: Discrimination. It is illegal to fire an employee based on his or her race, sex, nationality, religion, age, or (in some states) sexual orientation. Retaliation. It is illegal to fire an employee because he or she has filed a harassment or discrimination complaint. Such a termination is considered a retaliatory action, and is illegal under civil rights laws. Refusal to commit an illegal act. If you have ordered an employee to commit an illegal act - hide funds, say, or shred documents - and he or she refuses, it is illegal to fire that employee. Failure to follow termination procedures. Most employers of a certain size have a policy in place that describes the conditions under which an employee can be fired, and what procedures must be undertaken. If these written procedures are not followed to the letter, the fired employee may have the right to sue you for wrongful termination. It's important to know that, in some states, employment alone is considered an employment contract, and that no physical document has to be signed by either party for there to be a legally binding agreement between the two. The terms of this contract may be influenced by your company's employee handbook. If you are an employer, you may want to consider discussing the legality of any employment issues with a qualified employment attorney beforehand, as it can help you avoid the potentially damaging wrongful termination lawsuit. These court cases can drag on for well over a decade, if they go to the top courts. It is definitely better to be cautious in this situation. To find out more about employment law, visit slaterandkennon.com.

The Arizona Employment Protection Act and the Employment-At-Will Relationship

What Is Considered Wrongful Termination

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

· discrimination

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.

When Can You Sue For Wrongful Termination Howell

Wrongful Termination Howell

In Howell, “employment-at-will” laws mean that employers can terminate the employee at any time for any reason. Likewise, an employee may decide to quit for any reason – or for no reason at all – without warning. These laws mean that, in most cases, you do not have legal recourse if you have been discharged from your job, even if there didn’t seem to be any basis for the termination.

In certain cases, however, employment termination is an actionable offense. These scenarios include:

  • You were terminated because of illegal discrimination
  • Your termination was a form of employer retaliation
  • You were discharged in an attempt to prevent you from collecting or obtaining deserved benefits

There are several other situations that could constitute wrongful termination. If you have reason to believe that you were discharged for an illegal reason or on the basis of discriminatory action on the part of your employer, it is crucial that you seek experienced counsel from one of our employment lawyers who is thoroughly familiar with this field of law. You could be entitled to monetary benefits.

Our wrongful terminations attorneys have represented numerous victims of wrongful termination and are prepared to put this experience to work for you. Get help from a firm that is solely dedicated to protecting the rights of workers, unlike other firms in the area.

 

Call 855-596-4657 today to set up an initial case consultation at the firm’s Howell location.

What Is a Wrongful Termination?

A wrongful termination is any firing that is illegal. A firing is illegal when it:

  • Violates a federal, state, or local law, or
  • Violates an employment contract.

Just because a termination is unfair doesn’t make it illegal. For example, it might be unfair for your boss to fire you so he can hire his inexperienced niece or nephew. However, because there’s no law against nepotism, you wouldn’t have a wrongful termination claim.

Violation of Federal, State, or Local Laws

The default rule in the United States is “at-will employment.” This means employers can fire employees at any time, for any reason. However, there is one important exception to this rule. Employers cannot fire at-will employees for illegal reasons. Federal, state, and local laws carve out a handful of reasons that are illegal. For example, it’s illegal to fire employees due to their race or gender.

Violation of Employment Contract

Employees no longer work at-will when they have an employment contract. We usually think of employment contracts as being written, but they can also be formed by words and actions. (See our article explaining how employers create employment contracts and alter at-will employment.) A contract employee cannot be fired if it would violate the terms of the contract. Typically, this means that employers cannot fire employees with having a good reason (called “cause”) before the term of the contract is up. Employers also can’t fire contract employees in violation of state, federal, or local laws.

How Do I File a Wrongful Termination Claim?

If your wrongful termination claim is based on discrimination or harassment, you will need to file an administrative complaint first (called a “charge”). You must typically file your charge with the Equal Employment Opportunity Commission (EEOC)—or a state agency that enforces antidiscrimination laws—within 180 days of the discrimination or harassment. The EEOC or the state agency will investigate your complaint and decide whether to take action. Most of the time, the EEOC will simply issue a “right-to-sue” letter, which allows you to file your wrongful termination lawsuit in court.

The process of filing an EEOC charge is relatively simple. You can file your claim in person at one of the EEOC’s local field offices or you can file your claim by mail. To file by mail, send a letter to the EEOC with your contract information, your employer’s contact information, an explanation of how you were discriminated against or harassed, and when these events happened. You must also sign your letter.

While you don’t need a lawyer to file an administrative charge, it’s often helpful to do so, especially if you plan on filing a lawsuit down the road. Once you file your claim, the EEOC will speak to you, your employer, and any relevant witnesses. The information that the EEOC gathers can be used as evidence in your subsequent wrongful termination lawsuit. The EEOC may also try to facilitate a settlement negotiation between you and your employer. A wrongful termination lawyer will ensure that you’re receiving a fair offer and that you don’t give up any rights that you shouldn’t.

For most other types of wrongful terminations claims, you aren’t required to file a claim with an administrative agency first (although you may have the option). You can go straight to filing a lawsuit in court. For this, you will almost certainly need the assistance of an employment lawyer.


What Is Wrongful Termination

Wrongful Termination: Were You Wrongfully Terminated?

Wrongful termination can be a devastating experience that not only affects your career in the short term but can also affect your ability to get back on your feet and find a new job.Firstly, your specific job and the employment contract that you signed and the local employment laws that govern where you live may largely determine whether or not you are a victim of wrongful termination.For example, if you signed a confidentiality agreement and there is verifiable proof that you violated this aspect of your agreement, this would most likely be a legitimate example of being fired for cause ie. the company had the right to fire you.Another example would be if you were caught stealing from your employer.But what if the circumstances regarding your termination aren't as clear?Often when an employee is fired, it might be on the basis of a perceived problem or disagreement of opinion such as your inability to do the job. Here are some other typical reasons that people get fired where a case of wrongful termination may exist: A personal conflict with your boss and/or colleagues that results in you getting fired. A breach of contract where you are improperly fired for violating part of your contract. A downsizing where you are told that your job is being eliminated only to find out that your employer then hires someone to replace you in the exact same position. Being fired or forced to quit so that your boss can hire a friend to replace you. Sexual harassment ie. you are sexually harassed and when you rebuff the advances or report them, you are fired. Discrimination based on sex, race, age, religion, sexual orientation, political affiliation, etc. You report a wrongdoing in the company and are fired ie. you are a whistleblower. These are just some of the reasons where a case of wrongful termination might exist. Certainly your specific situation and the employment laws that govern your area of employment may take precedence.How Can You Minimize The Chances Of Wrongful Termination?Wherever possible, always document your work and keep hard copies of any emails or other written documentation that positively comments on your work. For example, if you receive a positive employment review from your boss, bring a copy of it home and keep it on file.If you receive written praise from peers regarding a project you worked on, keep a copy of it at home.I'm not suggesting you remove work-related material and take it home with you if it violates your employment contract or if it's the property of the company but keeping a copy of personal materials that you should be entitled to such as a performance review is legitimate especially if your manager gives you a copy to keep.If you are unsure, ask your manager if you can keep a copy of your performance review at the time it is given to you. In this case, I suggest taking a copy home with you because in the case of a firing or downsizing, you might not be allowed to take anything out of the office or to access your computer.As a recruiter, I've seen job searchers use recent performance reviews from their current employer to highlight certain skills or accomplishments they are proud of.Having written documentation that positively highlights your work track record can come in handy down the line if you need to illustrate your past performance especially if comments being made about you by an ex-employer contradict positive comments that were written about you earlier on.If you feel that you are a victim of wrongful termination, the first thing you should consider is getting legal advice to properly understand your situation from a legal perspective and whether or not you have a legitimate case.

Constructive Discharge: Were You Forced to Quit Because of Intolerable Working Conditions?

Suing Employer For Wrongful Termination

Wrongful termination occurs when you are fired in a way that violates public policy and may include situations where you were forced to resign (called constructive discharge). If your employer fired you, or asked you to resign, or if you quit because you felt working conditions were intolerable, you may have a case for wrongful discharge. You need to contact a lawyer and schedule an initial conference with him or her. To make that first meeting as fruitful as possible, you need to provide copies of a number of documents for the lawyer to review. There is a useful list of 18 things your lawyer may want to review presented at: http://employment.findlaw.com/articles/2563.html . A key item for review is a diary or chronology, or a written journal of events, with dates of important employment problems, any opposition you made to employment policies or practices, any participation you may have had in investigation of any discrimination complaint, meetings, and adverse actions taken against you. If you kept such a journal, good; make a copy. If not, start recreating the series of events from memory, emails, documents, your calendar, and whatever else can help jog your memory. This is done most easily on a computer, either as a table in Microsoft Word or as a modified spreadsheet in Microsoft Excel. The advantage of using the computer is that when you remember an event that occurred between two events you already have in the table, you can merely insert a new row into the table and fill in the date and details of the event. Having copies of documentation for your lawyer to review will help him or her determine if you have been the victim of wrongful termination.

Wrongful Termination Lawyer Cost Trenton

Wrongful Termination Trenton

In Trenton, “employment-at-will” laws mean that employers can terminate the employee at any time for any reason. Likewise, an employee may decide to quit for any reason – or for no reason at all – without warning. These laws mean that, in most cases, you do not have legal recourse if you have been discharged from your job, even if there didn’t seem to be any basis for the termination.

In certain cases, however, employment termination is an actionable offense. These scenarios include:

  • You were terminated because of illegal discrimination
  • Your termination was a form of employer retaliation
  • You were discharged in an attempt to prevent you from collecting or obtaining deserved benefits

There are several other situations that could constitute wrongful termination. If you have reason to believe that you were discharged for an illegal reason or on the basis of discriminatory action on the part of your employer, it is crucial that you seek experienced counsel from one of our employment lawyers who is thoroughly familiar with this field of law. You could be entitled to monetary benefits.

Our wrongful terminations attorneys have represented numerous victims of wrongful termination and are prepared to put this experience to work for you. Get help from a firm that is solely dedicated to protecting the rights of workers, unlike other firms in the area.

 

Call 855-596-4657 today to set up an initial case consultation at the firm’s Trenton location.

What Is a Wrongful Termination?

A wrongful termination is any firing that is illegal. A firing is illegal when it:

  • Violates a federal, state, or local law, or
  • Violates an employment contract.

Just because a termination is unfair doesn’t make it illegal. For example, it might be unfair for your boss to fire you so he can hire his inexperienced niece or nephew. However, because there’s no law against nepotism, you wouldn’t have a wrongful termination claim.

Violation of Federal, State, or Local Laws

The default rule in the United States is “at-will employment.” This means employers can fire employees at any time, for any reason. However, there is one important exception to this rule. Employers cannot fire at-will employees for illegal reasons. Federal, state, and local laws carve out a handful of reasons that are illegal. For example, it’s illegal to fire employees due to their race or gender.

Violation of Employment Contract

Employees no longer work at-will when they have an employment contract. We usually think of employment contracts as being written, but they can also be formed by words and actions. (See our article explaining how employers create employment contracts and alter at-will employment.) A contract employee cannot be fired if it would violate the terms of the contract. Typically, this means that employers cannot fire employees with having a good reason (called “cause”) before the term of the contract is up. Employers also can’t fire contract employees in violation of state, federal, or local laws.

How Do I File a Wrongful Termination Claim?

If your wrongful termination claim is based on discrimination or harassment, you will need to file an administrative complaint first (called a “charge”). You must typically file your charge with the Equal Employment Opportunity Commission (EEOC)—or a state agency that enforces antidiscrimination laws—within 180 days of the discrimination or harassment. The EEOC or the state agency will investigate your complaint and decide whether to take action. Most of the time, the EEOC will simply issue a “right-to-sue” letter, which allows you to file your wrongful termination lawsuit in court.

The process of filing an EEOC charge is relatively simple. You can file your claim in person at one of the EEOC’s local field offices or you can file your claim by mail. To file by mail, send a letter to the EEOC with your contract information, your employer’s contact information, an explanation of how you were discriminated against or harassed, and when these events happened. You must also sign your letter.

While you don’t need a lawyer to file an administrative charge, it’s often helpful to do so, especially if you plan on filing a lawsuit down the road. Once you file your claim, the EEOC will speak to you, your employer, and any relevant witnesses. The information that the EEOC gathers can be used as evidence in your subsequent wrongful termination lawsuit. The EEOC may also try to facilitate a settlement negotiation between you and your employer. A wrongful termination lawyer will ensure that you’re receiving a fair offer and that you don’t give up any rights that you shouldn’t.

For most other types of wrongful terminations claims, you aren’t required to file a claim with an administrative agency first (although you may have the option). You can go straight to filing a lawsuit in court. For this, you will almost certainly need the assistance of an employment lawyer.


What Is Wrongful Termination

Wrongful Termination: Were You Wrongfully Terminated?

Wrongful termination can be a devastating experience that not only affects your career in the short term but can also affect your ability to get back on your feet and find a new job.Firstly, your specific job and the employment contract that you signed and the local employment laws that govern where you live may largely determine whether or not you are a victim of wrongful termination.For example, if you signed a confidentiality agreement and there is verifiable proof that you violated this aspect of your agreement, this would most likely be a legitimate example of being fired for cause ie. the company had the right to fire you.Another example would be if you were caught stealing from your employer.But what if the circumstances regarding your termination aren't as clear?Often when an employee is fired, it might be on the basis of a perceived problem or disagreement of opinion such as your inability to do the job. Here are some other typical reasons that people get fired where a case of wrongful termination may exist: A personal conflict with your boss and/or colleagues that results in you getting fired. A breach of contract where you are improperly fired for violating part of your contract. A downsizing where you are told that your job is being eliminated only to find out that your employer then hires someone to replace you in the exact same position. Being fired or forced to quit so that your boss can hire a friend to replace you. Sexual harassment ie. you are sexually harassed and when you rebuff the advances or report them, you are fired. Discrimination based on sex, race, age, religion, sexual orientation, political affiliation, etc. You report a wrongdoing in the company and are fired ie. you are a whistleblower. These are just some of the reasons where a case of wrongful termination might exist. Certainly your specific situation and the employment laws that govern your area of employment may take precedence.How Can You Minimize The Chances Of Wrongful Termination?Wherever possible, always document your work and keep hard copies of any emails or other written documentation that positively comments on your work. For example, if you receive a positive employment review from your boss, bring a copy of it home and keep it on file.If you receive written praise from peers regarding a project you worked on, keep a copy of it at home.I'm not suggesting you remove work-related material and take it home with you if it violates your employment contract or if it's the property of the company but keeping a copy of personal materials that you should be entitled to such as a performance review is legitimate especially if your manager gives you a copy to keep.If you are unsure, ask your manager if you can keep a copy of your performance review at the time it is given to you. In this case, I suggest taking a copy home with you because in the case of a firing or downsizing, you might not be allowed to take anything out of the office or to access your computer.As a recruiter, I've seen job searchers use recent performance reviews from their current employer to highlight certain skills or accomplishments they are proud of.Having written documentation that positively highlights your work track record can come in handy down the line if you need to illustrate your past performance especially if comments being made about you by an ex-employer contradict positive comments that were written about you earlier on.If you feel that you are a victim of wrongful termination, the first thing you should consider is getting legal advice to properly understand your situation from a legal perspective and whether or not you have a legitimate case.

Was I Wrongfully Terminated?

Employment Law Questions Wrongful termination is a very big term that covers a lot of different scenarios and circumstances. In general, though, it refers to the termination of an employee's contract of employment in violation of the contract, a written company policy. Wrongful termination is illegal, and if you fire somebody without cause, you can open yourself up to some unwanted legal trouble. Make sure you are familiar not only with the state law but also your company's policies regarding employment before you make any employment decision, as it could become a costly error if you don't.As already mentioned, there are several different acts that fall under the greater heading of wrongful termination. The following are the most common examples of such: Discrimination. It is illegal to fire an employee based on his or her race, sex, nationality, religion, age, or (in some states) sexual orientation. Retaliation. It is illegal to fire an employee because he or she has filed a harassment or discrimination complaint. Such a termination is considered a retaliatory action, and is illegal under civil rights laws. Refusal to commit an illegal act. If you have ordered an employee to commit an illegal act - hide funds, say, or shred documents - and he or she refuses, it is illegal to fire that employee. Failure to follow termination procedures. Most employers of a certain size have a policy in place that describes the conditions under which an employee can be fired, and what procedures must be undertaken. If these written procedures are not followed to the letter, the fired employee may have the right to sue you for wrongful termination. It's important to know that, in some states, employment alone is considered an employment contract, and that no physical document has to be signed by either party for there to be a legally binding agreement between the two. The terms of this contract may be influenced by your company's employee handbook. If you are an employer, you may want to consider discussing the legality of any employment issues with a qualified employment attorney beforehand, as it can help you avoid the potentially damaging wrongful termination lawsuit. These court cases can drag on for well over a decade, if they go to the top courts. It is definitely better to be cautious in this situation. To find out more about employment law, visit slaterandkennon.com.

How To Sue Employer For Wrongful Termination Irvington

Wrongful Termination Irvington

In Irvington, “employment-at-will” laws mean that employers can terminate the employee at any time for any reason. Likewise, an employee may decide to quit for any reason – or for no reason at all – without warning. These laws mean that, in most cases, you do not have legal recourse if you have been discharged from your job, even if there didn’t seem to be any basis for the termination.

In certain cases, however, employment termination is an actionable offense. These scenarios include:

  • You were terminated because of illegal discrimination
  • Your termination was a form of employer retaliation
  • You were discharged in an attempt to prevent you from collecting or obtaining deserved benefits

There are several other situations that could constitute wrongful termination. If you have reason to believe that you were discharged for an illegal reason or on the basis of discriminatory action on the part of your employer, it is crucial that you seek experienced counsel from one of our employment lawyers who is thoroughly familiar with this field of law. You could be entitled to monetary benefits.

Our wrongful terminations attorneys have represented numerous victims of wrongful termination and are prepared to put this experience to work for you. Get help from a firm that is solely dedicated to protecting the rights of workers, unlike other firms in the area.

 

Call 855-596-4657 today to set up an initial case consultation at the firm’s Irvington location.

What Is a Wrongful Termination?

A wrongful termination is any firing that is illegal. A firing is illegal when it:

  • Violates a federal, state, or local law, or
  • Violates an employment contract.

Just because a termination is unfair doesn’t make it illegal. For example, it might be unfair for your boss to fire you so he can hire his inexperienced niece or nephew. However, because there’s no law against nepotism, you wouldn’t have a wrongful termination claim.

Violation of Federal, State, or Local Laws

The default rule in the United States is “at-will employment.” This means employers can fire employees at any time, for any reason. However, there is one important exception to this rule. Employers cannot fire at-will employees for illegal reasons. Federal, state, and local laws carve out a handful of reasons that are illegal. For example, it’s illegal to fire employees due to their race or gender.

Violation of Employment Contract

Employees no longer work at-will when they have an employment contract. We usually think of employment contracts as being written, but they can also be formed by words and actions. (See our article explaining how employers create employment contracts and alter at-will employment.) A contract employee cannot be fired if it would violate the terms of the contract. Typically, this means that employers cannot fire employees with having a good reason (called “cause”) before the term of the contract is up. Employers also can’t fire contract employees in violation of state, federal, or local laws.

How Do I File a Wrongful Termination Claim?

If your wrongful termination claim is based on discrimination or harassment, you will need to file an administrative complaint first (called a “charge”). You must typically file your charge with the Equal Employment Opportunity Commission (EEOC)—or a state agency that enforces antidiscrimination laws—within 180 days of the discrimination or harassment. The EEOC or the state agency will investigate your complaint and decide whether to take action. Most of the time, the EEOC will simply issue a “right-to-sue” letter, which allows you to file your wrongful termination lawsuit in court.

The process of filing an EEOC charge is relatively simple. You can file your claim in person at one of the EEOC’s local field offices or you can file your claim by mail. To file by mail, send a letter to the EEOC with your contract information, your employer’s contact information, an explanation of how you were discriminated against or harassed, and when these events happened. You must also sign your letter.

While you don’t need a lawyer to file an administrative charge, it’s often helpful to do so, especially if you plan on filing a lawsuit down the road. Once you file your claim, the EEOC will speak to you, your employer, and any relevant witnesses. The information that the EEOC gathers can be used as evidence in your subsequent wrongful termination lawsuit. The EEOC may also try to facilitate a settlement negotiation between you and your employer. A wrongful termination lawyer will ensure that you’re receiving a fair offer and that you don’t give up any rights that you shouldn’t.

For most other types of wrongful terminations claims, you aren’t required to file a claim with an administrative agency first (although you may have the option). You can go straight to filing a lawsuit in court. For this, you will almost certainly need the assistance of an employment lawyer.


Can I Sue A Company For Wrongful Termination

Employment: Implied Term of Confidence - Constructive Dismissal

Have you ever felt like storming into your manager’s office and saying, "I've had enough and I quit!"? If so, you’re not alone: Many employees quit or resign because their working conditions have grown intolerable. If you were forced to quit your job due to illegal working conditions, it’s called a “constructive discharge.” If your employer tried to push you out for illegal reasons, you may have grounds for a wrongful termination lawsuit, even if you technically quit your job.

What Is Constructive Discharge?

When you quit or resign from your job because you were subjected to illegal working conditions that were so intolerable that you felt you had no other choice, it’s called a constructive discharge. Even though you quit, the law treats you as if you were fired, because your employer essentially forced you out. Proving You Were Forced to Quit To prove a claim of constructive discharge, you generally have to show all of the following:
  • You were subjected to illegal working conditions or treatment at work (such as sexual harassment or retaliation for complaining of workplace safety violations).
  • You complained to your supervisor, boss, or human resources department, but the mistreatment continued.
  • The mistreatment was so intolerable that any reasonable employee would quit rather than continue to work in that environment.
  • You quit because of the mistreatment.

For instance, say a male coworker is making sexual advances toward you or makes sexually explicit comments to you frequently at work, even though you've asked him to stop. You report his behavior to your supervisor and to the human resources manager, who both ignore your complaints. After several weeks, nothing has changed; your employer hasn't done anything to stop your coworker, who continues to harass you. Finally, you've had enough of the mistreatment and you quit. In such circumstances, you would probably have a good claim for constructive discharge.

If, on the other hand, you quit two days after you made your first complaint to the boss, you likely would not be able to prove constructive discharge. You must give your employer a chance to fix the problem rather than quitting at the first sign of trouble.

If you win a constructive discharge case, you will be entitled to money damages from your employer.

Proving Your Discharge Was Illegal

Most employees in this country work at will, which means they can be fired at any time, for any reason that is not illegal. It’s not enough to prove you were compelled to quit: You must also prove that your employer’s reason for forcing you out was illegal. If you felt compelled to quit because your manager was a bully who made work life miserable for everyone, for example, you wouldn’t necessarily have a constructive discharge claim. But if you quit because your manager bullied and berated you because of your disability, you likely have a strong legal claim.

Here are some common wrongful termination claims that come up in constructive discharge situations:
  • Discrimination and harassment. If you quit because you were being discriminated against or harassed due to a protected characteristic (such as your race or religion), you have a wrongful termination claim.
  • Retaliation. If your employer forces you to quit because you complained about illegal workplace behavior (such as discrimination, harassment, failure to pay overtime, and so on), you have grounds for a lawsuit. The same is true if your employer pushes you out because you exercised your legal rights, such as your right to take time off work under the Family and Medical Leave Act, your right to join a union or discuss union matters with other employees, or your right to refuse to work in dangerous conditions.
  • Breach of contract. If you have an employment contract stating you may be fired only for good cause, and your employer forces you to quit, you can sue your employer for not honoring the contract.

Damages for Constructive Discharge

If you win a constructive discharge case, you will be entitled to money damages from your employer. The damages available depend on the legal claims you can make—that is, they depend on the reason why your employer forced you out. Depending on the facts, you may be entitled to:

  • Back Pay - The wages or benefits you lost as a result of being forced to quit
  • Front Pay - The wages or benefits you will lose going forward, until you find a new job
  • Attorneys’ Fees And Court Costs
  • Compensatory Damages - Compensation for the pain and suffering or mental distress you experienced because of the discharge, and/or
  • Punitive Damages - An award intended to punish your employer for especially egregious misconduct.

Constructive discharge cases can be hard to prove. You must show not only that your employer acted illegally, but also that the behavior was bad enough to compel a reasonable employee to quit. Courts tend to hold employees to a very high standard here, requiring proof that your working conditions were truly intolerable. To figure out whether you have strong legal claims, you’ll probably need to talk to an experienced employment lawyer.

Unemployment Benefits

In general, employees are typically not eligible to collect unemployment when they quit their jobs voluntarily. However, if you were forced to quit in a constructive discharge, you should still qualify for unemployment benefits. When you file your claim for benefits, explain that you were compelled to quit due to your employer’s mistreatment. (For more information, see Unemployment Compensation When You’ve Lost Your Job.)

Questions for Your Attorney

  • How long do I have to file a lawsuit against my former employer for constructive discharge?
  • Should I accept my employer's offer to rehire me if I win my constructive discharge suit?
  • How long will my lawsuit take? Do I have to take a job that pays less than my former job while the case is pending?

The Arizona Employment Protection Act and the Employment-At-Will Relationship

Employment Law Consultant

It seems that most employment law legislation is designed to make life harder for the employer and easier for every member of staff. From maternity laws to unfair dismissal, most laws seem weighted against the employer.

That was certainly the case when the statutory grievance and disciplinary procedures came into force in 2004. They made it simple for an employee to make a claim for unfair dismissal. If an employer made even one mistake in following a grievance or disciplinary procedure, evidence of the mistake was enough to allow the employee to make a claim for unfair dismissal, even if the reasons for dismissal were genuine. This led to many claims for compensation being paid out when, had the correct procedure been followed, this might not have been the case. For small employers this burden and the costs of the compensation claims were often too much to bear.

Sense has now finally prevailed, after much stress caused to employers, solicitors and Employment Law Tribunals, and the Employment Act 2008 finally obtained Royal Assent recently. This will come into force on 6th April 2009 and will redress the balance in these situations so that all the weight does not fall onto the shoulders of the employer.

When the Employment Act 2008 comes into force the previous statutory grievance and disciplinary procedures will be repealed. The Employment Law Tribunal will now examine the facts of the case to see whether the employee followed the ACAS Code of Practice in a grievance or disciplinary procedure. Failure to follow the procedure now will not lead to an automatic unfair dismissal but to an increase in the amount of any compensation awarded of up to 25%. However, the employee will now be able to argue that even if they had followed the procedure, the employee would still have been dismissed. If they are successful, the amount of any award can be reduced by as much as 100%.

This will make a significant difference to employers and could save hundreds of thousands of pounds of compensation for employers that cannot afford it, especially when technically they have done nothing wrong.

Wrongful Employment Termination Lawyers Union City

Wrongful Termination Union City

In Union City, “employment-at-will” laws mean that employers can terminate the employee at any time for any reason. Likewise, an employee may decide to quit for any reason – or for no reason at all – without warning. These laws mean that, in most cases, you do not have legal recourse if you have been discharged from your job, even if there didn’t seem to be any basis for the termination.

In certain cases, however, employment termination is an actionable offense. These scenarios include:

  • You were terminated because of illegal discrimination
  • Your termination was a form of employer retaliation
  • You were discharged in an attempt to prevent you from collecting or obtaining deserved benefits

There are several other situations that could constitute wrongful termination. If you have reason to believe that you were discharged for an illegal reason or on the basis of discriminatory action on the part of your employer, it is crucial that you seek experienced counsel from one of our employment lawyers who is thoroughly familiar with this field of law. You could be entitled to monetary benefits.

Our wrongful terminations attorneys have represented numerous victims of wrongful termination and are prepared to put this experience to work for you. Get help from a firm that is solely dedicated to protecting the rights of workers, unlike other firms in the area.

 

Call 855-596-4657 today to set up an initial case consultation at the firm’s Union City location.

What Is a Wrongful Termination?

A wrongful termination is any firing that is illegal. A firing is illegal when it:

  • Violates a federal, state, or local law, or
  • Violates an employment contract.

Just because a termination is unfair doesn’t make it illegal. For example, it might be unfair for your boss to fire you so he can hire his inexperienced niece or nephew. However, because there’s no law against nepotism, you wouldn’t have a wrongful termination claim.

Violation of Federal, State, or Local Laws

The default rule in the United States is “at-will employment.” This means employers can fire employees at any time, for any reason. However, there is one important exception to this rule. Employers cannot fire at-will employees for illegal reasons. Federal, state, and local laws carve out a handful of reasons that are illegal. For example, it’s illegal to fire employees due to their race or gender.

Violation of Employment Contract

Employees no longer work at-will when they have an employment contract. We usually think of employment contracts as being written, but they can also be formed by words and actions. (See our article explaining how employers create employment contracts and alter at-will employment.) A contract employee cannot be fired if it would violate the terms of the contract. Typically, this means that employers cannot fire employees with having a good reason (called “cause”) before the term of the contract is up. Employers also can’t fire contract employees in violation of state, federal, or local laws.

How Do I File a Wrongful Termination Claim?

If your wrongful termination claim is based on discrimination or harassment, you will need to file an administrative complaint first (called a “charge”). You must typically file your charge with the Equal Employment Opportunity Commission (EEOC)—or a state agency that enforces antidiscrimination laws—within 180 days of the discrimination or harassment. The EEOC or the state agency will investigate your complaint and decide whether to take action. Most of the time, the EEOC will simply issue a “right-to-sue” letter, which allows you to file your wrongful termination lawsuit in court.

The process of filing an EEOC charge is relatively simple. You can file your claim in person at one of the EEOC’s local field offices or you can file your claim by mail. To file by mail, send a letter to the EEOC with your contract information, your employer’s contact information, an explanation of how you were discriminated against or harassed, and when these events happened. You must also sign your letter.

While you don’t need a lawyer to file an administrative charge, it’s often helpful to do so, especially if you plan on filing a lawsuit down the road. Once you file your claim, the EEOC will speak to you, your employer, and any relevant witnesses. The information that the EEOC gathers can be used as evidence in your subsequent wrongful termination lawsuit. The EEOC may also try to facilitate a settlement negotiation between you and your employer. A wrongful termination lawyer will ensure that you’re receiving a fair offer and that you don’t give up any rights that you shouldn’t.

For most other types of wrongful terminations claims, you aren’t required to file a claim with an administrative agency first (although you may have the option). You can go straight to filing a lawsuit in court. For this, you will almost certainly need the assistance of an employment lawyer.


Can I Sue A Company For Wrongful Termination

Constructive Discharge: Were You Forced to Quit Because of Intolerable Working Conditions?

Most employees are hired according to what is called an "at-will" basis. This means that the employer may terminate the employment for nearly any reason so long as it is not illegal. Conversely, this also means that the employee may quit their job at their own discretion for any legitimate reason.At will employment provides both the employer and the employee a great deal of freedom and mobility to adapt to the ever-changing job market. The majority of states assume that employment is on an at-will basis if a valid employment contract does not exist between employer and employee.Given the very few restrictions involved in an at-will employment arrangement, it may seem difficult for a wrongful termination to occur. So, under what circumstances is it unlawful for a person to terminate an at will employment?There are several reasons that termination of at will employment may constitute wrongful termination, which will be discussed below. They mainly deal with termination by the employer, although employees may also be held liable as well.Wrongful Terminations Based on Violations of LawAt will employment is subject to various federal and state laws which make termination illegal under certain circumstances. The following are some situations where terminations of an at will employee are wrongful because they constitute a violation of law:Discrimination by the Employer: According to various anti-discrimination statutes, employers cannot terminate an at-will employee on the basis of their membership in certain designated categories. These categories include race, age, nation of origin, sex, religion, and in some states, sexual orientation. This is probably the most common basis for a wrongful termination suit. "Retaliatory Discharge": Retaliatory discharge is when the employer has terminated employment in response to an employee's actions. Employers are prohibited from firing employees who have reported instances of the employer's misconduct internally or to a reporting agency. Most of these types of wrongful terminations deal with employees who have reported instances of sexual harassment. The purpose of anti-retaliation statutes (also known as "whistleblower" statutes) is to ensure that employees can report misconduct without fear of losing their job. Illegal Acts: Superiors may not order subordinates to engage in or participate in activities that amount to an illegal act. Accordingly, employers may not terminate an at will employee who has refuses to agree to an illegal act. Breach of a Contractual Obligation: While at-will employment usually implies that there is no employment contract involved, sometimes employees wish to state certain employment terms in a written contract. Terminations that violate the terms of a contract may be considered wrongful. This applies when either the employer or the employee violates the contract in terminating the employment. Taking leave for family or medical reasons: The Family and Medical Leave Act provides guidelines for employees who wish to take leave for family or medical reasons. Employers cannot fire an employee for taking a leave which is in accordance with the Act. Violations of a company's own termination procedures: Some employers specifically provide for their own termination procedures in their employee handbook. A wrongful termination lawsuit may prevail in some instances where employers have failed to follow their own regulations and guidelines set forth in their handbook. These are the most common situations dealing with at-will terminations that violate the law. They have a good chance of success in a court of law because they are backed by major Federal laws passed by the legislature to ensure fair and just employment practices.Wrongful Terminations based on Public Policy ViolationsIn addition to violations of the law, termination of at will employment may be wrongful if it is contrary to public policy. Public policy refers to the body of principles that reflect the collective moral and ethical stance of a community.An example of a public policy is when the government grants tax credits for people who donate to a non-profit organization. The public policy which motivates the tax credit is that people should be encouraged to contribute to humanitarian organizations.Public policy is not law in itself, and courts are not required to base their decisions on public policy, but they can weigh heavily in wrongful termination suits. Here are some examples of wrongful terminations and corresponding public policy justifications:Firing an employee who has merely exercised a constitutional right (such as the right to free speech) Public policy justification: people are discouraged from interfering with constitutionally protected rights Firing an employee who reported an employer violation Public policy justification: employees should be encouraged to report instances of employer misconduct Firing an employee who has fulfilled a civic duty such as a jury summons Public policy justification: civic duties are important and can sometimes even take priority over employment responsibilitiesMost judges would prefer to base their decisions on statutes or case law rather than public policy. This is because public policy is not law, and it often varies from region to region within the U.S. However, some states do permit recovery for terminations based on public policy violations.Wrongful Termination based on Breach of an Implied CovenantAnother reason that termination of at will employment may be considered wrongful is if it constitutes a breach of an implied covenant. An implied covenant is an agreement that is not necessarily stated but rather is assumed as a condition to the employment.An example of this is an implied covenant of good faith. This implied covenant assumes that the employer and employee will act in good faith (i.e., use their best efforts) in providing their services to one another. Another is the implied covenant of fair dealings, that is, that the parties will act in a manner that is fair and will not put the other at a disadvantage.An employer who has fired their employee because they wish to withhold benefits such as end of the year bonuses or sales commissions would be in violation of the implied covenant of good faith. Employers are expected to make good on the promises they make in hiring a person, and failure to act in good faith during a termination would be considered wrongful. Employees can also violate the good faith covenant, for example, by not providing enough notice before resigning. Obtaining Relief for a Wrongful Termination of At-will EmploymentAt will employees who have been wrongfully terminated are entitled to various remedies under law. These may include: reinstatement to their former position, recovery of lost wages, entitlement to back pay, and establishment of further measures for preventing future violations.In most cases, a wrongful termination lawsuit cannot be filed unless the victim first files a claim with a Federal and/or state regulatory agency such as the Equal Employment Opportunity Commission (EEOC). After filing with the EEOC, the agency will conduct an investigation and order that the proper remedy be applied, such as recovering back pay. Only after the EEOC is unable to determine a proper remedy may a legal claim be filed in a court of law.Conclusion: Some Points to ConsiderAt will employment is the norm in the majority of all states. Since there is usually no contract involved, termination must follow procedures dictated by employment laws. In the event that you suspect a wrongful termination claim, an attorney who is well-versed in wrongful termination laws can help you greatly. You may even wish to hire a lawyer at the EEOC reporting stage to help you file your claim. Here are some points to go over with an attorney:Termination of at will employment may be wrongful on the basis of a violation of law, a violation of public policy, or a breach of an implied covenant If you are an employer, be sure that you are following your company's own termination procedures when firing an employee Double check with your lawyer to see what types of relief can be granted under laws and with the EEOC

Employment - Disclosure of Information - Breach of Confidence

What Is Considered Wrongful Termination Understanding the governing employment law is central to understanding wrongful termination. There are circumstances where employers can not fire his or her employees but termination is not at all times illegal. More often than not, people who are laid off feel that their termination is illegal, unfair or even unethical. It is in this light that one should understand the issues concerning wrongful termination.What is the Employment Law?Employment Law is an all-encompassing legal term governing the legal relationship between the employee and employer. If violation of this law occurs, the relationship of the two parties and the workplace will be affected as tensions and predicament come up. Often, companies do have their employee manuals or handbooks which are good source of the company's regulations and policies governing the employment relationship, conducts on the workplace, complaint procedures, employees rights, resignation and termination policies. What are the valid reasons for a wrongful termination?A wrongful termination takes place when an employer violates a particular state or federal law. These are the valid reasons for a wrongful termination:Discrimination on the workplaceWhen an employer fires an employee on the basis of gender, race, religion, disability or any other related reasons, the employer committed a wrongful termination because the reasons mentioned are discriminatory in nature.RetaliationRetaliation takes place when an employer fired en employee due to his or her refusal to cooperate in the illegal activity demanded by the employer or if the employee reported the illicit activity of the employer to the management.Character DefamationIf an employer defames or demeans an employee on purpose to rationalize termination, he has committed a wrongful termination.Breach of explicit or implied contractBreach of explicit or implied contract occurs when an employer terminates an employee who is under a contract and fulfilling the terms specified in the contract until the specified time frame ends. In addition, it the contract does not contain an escape clause, the said termination is likely to be a case of a wrongful termination. Breach of good faith and fair dealingThis stipulates that employees should be treated fairly, mainly if they have rendered long service to a company. As a result, employers can not discharge employees for primordial grounds like refusal to pay due rewards or giving promotions.There are also other grounds why an employee rights are violated. If you have been wrongfully terminated do not hesitate to fight for your right as an employee. The employment law protects you. Getting a good employment lawyer is a key to solving employment problems and making your workplace a more conducive and peaceful place to work in.

Legal Representation For Employees Jackson

Wrongful Termination Jackson

In Jackson, “employment-at-will” laws mean that employers can terminate the employee at any time for any reason. Likewise, an employee may decide to quit for any reason – or for no reason at all – without warning. These laws mean that, in most cases, you do not have legal recourse if you have been discharged from your job, even if there didn’t seem to be any basis for the termination.

In certain cases, however, employment termination is an actionable offense. These scenarios include:

  • You were terminated because of illegal discrimination
  • Your termination was a form of employer retaliation
  • You were discharged in an attempt to prevent you from collecting or obtaining deserved benefits

There are several other situations that could constitute wrongful termination. If you have reason to believe that you were discharged for an illegal reason or on the basis of discriminatory action on the part of your employer, it is crucial that you seek experienced counsel from one of our employment lawyers who is thoroughly familiar with this field of law. You could be entitled to monetary benefits.

Our wrongful terminations attorneys have represented numerous victims of wrongful termination and are prepared to put this experience to work for you. Get help from a firm that is solely dedicated to protecting the rights of workers, unlike other firms in the area.

 

Call 855-596-4657 today to set up an initial case consultation at the firm’s Jackson location.

What Is a Wrongful Termination?

A wrongful termination is any firing that is illegal. A firing is illegal when it:

  • Violates a federal, state, or local law, or
  • Violates an employment contract.

Just because a termination is unfair doesn’t make it illegal. For example, it might be unfair for your boss to fire you so he can hire his inexperienced niece or nephew. However, because there’s no law against nepotism, you wouldn’t have a wrongful termination claim.

Violation of Federal, State, or Local Laws

The default rule in the United States is “at-will employment.” This means employers can fire employees at any time, for any reason. However, there is one important exception to this rule. Employers cannot fire at-will employees for illegal reasons. Federal, state, and local laws carve out a handful of reasons that are illegal. For example, it’s illegal to fire employees due to their race or gender.

Violation of Employment Contract

Employees no longer work at-will when they have an employment contract. We usually think of employment contracts as being written, but they can also be formed by words and actions. (See our article explaining how employers create employment contracts and alter at-will employment.) A contract employee cannot be fired if it would violate the terms of the contract. Typically, this means that employers cannot fire employees with having a good reason (called “cause”) before the term of the contract is up. Employers also can’t fire contract employees in violation of state, federal, or local laws.

How Do I File a Wrongful Termination Claim?

If your wrongful termination claim is based on discrimination or harassment, you will need to file an administrative complaint first (called a “charge”). You must typically file your charge with the Equal Employment Opportunity Commission (EEOC)—or a state agency that enforces antidiscrimination laws—within 180 days of the discrimination or harassment. The EEOC or the state agency will investigate your complaint and decide whether to take action. Most of the time, the EEOC will simply issue a “right-to-sue” letter, which allows you to file your wrongful termination lawsuit in court.

The process of filing an EEOC charge is relatively simple. You can file your claim in person at one of the EEOC’s local field offices or you can file your claim by mail. To file by mail, send a letter to the EEOC with your contract information, your employer’s contact information, an explanation of how you were discriminated against or harassed, and when these events happened. You must also sign your letter.

While you don’t need a lawyer to file an administrative charge, it’s often helpful to do so, especially if you plan on filing a lawsuit down the road. Once you file your claim, the EEOC will speak to you, your employer, and any relevant witnesses. The information that the EEOC gathers can be used as evidence in your subsequent wrongful termination lawsuit. The EEOC may also try to facilitate a settlement negotiation between you and your employer. A wrongful termination lawyer will ensure that you’re receiving a fair offer and that you don’t give up any rights that you shouldn’t.

For most other types of wrongful terminations claims, you aren’t required to file a claim with an administrative agency first (although you may have the option). You can go straight to filing a lawsuit in court. For this, you will almost certainly need the assistance of an employment lawyer.


Employment Law Legal Advice

A Primer on Wrongful Termination

Arizona employers and employees have an "at-will" relationship, which means that employers are free to terminate employees without notice or reason, and employees are free to quit at any time without notice or reason. Of course, the employment-at-will relationship is subject to both parties' obligation to meet other legal requirements, including contractual duties and compliance with various federal and state harassment and discrimination laws.

In order to reduce the amount of wrongful termination and related litigation, the Arizona legislature enacted the Arizona Employment Protection Act in 1996. The Act established certain guidelines designed to clarify what constituted, or did not constitute, wrongful termination under Arizona law. Prior to the enactment of the Arizona Employment Protection Act, employers faced numerous lawsuits based on alleged oral promises and implied obligations, with divergent results depending on the judge or jury. A number of those results had served to expand an employee's right to bring a lawsuit in a way that the legislature deemed unacceptable.

The Arizona Employment Protection Act contains at least four important provisions that all Arizona employers and employees should be aware of:

First, there is one-year statute of limitations for claims for breach of an employment contract or for wrongful termination. This means that such claims must be filed within one year of the termination date, significantly shortening the six-year contract limitations period that was previously applicable to some claims. Significantly, however, this limitations period does not apply to claims under the Arizona Civil Rights Act or pursuant to federal law stemming from illegal discrimination due to, among other things, race, sex, disability or age.

Second, there is an established presumption that employment relationships can be terminated at-will, and that presumption will carry the day unless there is an express written agreement stating otherwise. Typically, this will require a written contract signed by both parties, or an unequivocal guaranty described in an employee handbook or manual.

Third, the Arizona Employee Protection Act limits employees' wrongful termination claims to express breach of contract claims (described above), claims specifically allowed by Arizona statute, and "public policy" tort claims. Importantly, even these claims are limited to cases where a statute involved does not itself provide for a remedy. The tort claims involve circumstances where an employee is fired for refusing to violate the law, or blows the whistle on an employer they believe is breaking the law.

Finally, the Act expands sexual harassment claims so that certain such claims may be advanced even where federal sexual harassment laws might not apply.

At the end of the day, the Arizona Employment Protection Act creates a legal environment where it can be very difficult to successfully pursue a claim against an Arizona employer. Of course, every situation is different and the law is constantly changing, and if you believe your rights have been violated or you have been accused of wrongdoing you should speak with an experienced Arizona employment lawyer to determine what your rights and obligations are.


Employment: Implied Term of Confidence - Constructive Dismissal

Sue Your Employer For Wrongful Termination

The Employment Tribunal is a new government organization that was established in April 2006. This Tribunal is designed to be a judicial body to determine arguments between employees and their employers over rights.

Anyone, employees and employers alike, is able to submit a claim through the Employment Tribunal. In addition, if you have multiple claim submissions, you can submit them at one time online.

Responding and Making Claims

Prior to making a claim, you need to ensure that you have the right to do so. Depending on the nature of your claim, it can go to one of three commissions designed to deal with the claim. The Sexual Discrimination Equal Opportunities Commission deals with gender and sexual discrimination claims. The Race Discrimination Commission for Racial Equality handles the race discrimination claims. Disability Discrimination Disability Rights Commission manages the claims of those who say they have discriminated against because of their physical, mental and emotional disabilities.

Also before making a claim, you have free services such as legal advice and other professional services. These services will provide you with information and guidance to making your claim so that you can respond to or make your claim accurately and honestly.

Once your claim has been made, you wait until it gets heard. During this time, the claimant or respondent may wish to gather more information to build their case against or defence of the claim. The Employment Tribunal strongly recommends that this be done in writing so that it cannot be disputed later when the case is heard.

Your case may or may not be heard on the date given - some cases take longer to hear and thus push others back on the docket. However, the Employment Tribunal does try their best to ensure a timely hearing of your case. In addition, if you need more time to gather evidence for your claim, you can ask for a postponement of the hearing.

If you have a change of heart, you can also withdraw your claim. However all withdrawals must be made in writing, not only to the Employment Tribunal but also to the respondent. This is only considerate, especially if you do not have the resources, energy, or time to pursue the claim.

Average Settlement For Wrongful Termination Vineland

Wrongful Termination Vineland

In Vineland, “employment-at-will” laws mean that employers can terminate the employee at any time for any reason. Likewise, an employee may decide to quit for any reason – or for no reason at all – without warning. These laws mean that, in most cases, you do not have legal recourse if you have been discharged from your job, even if there didn’t seem to be any basis for the termination.

In certain cases, however, employment termination is an actionable offense. These scenarios include:

  • You were terminated because of illegal discrimination
  • Your termination was a form of employer retaliation
  • You were discharged in an attempt to prevent you from collecting or obtaining deserved benefits

There are several other situations that could constitute wrongful termination. If you have reason to believe that you were discharged for an illegal reason or on the basis of discriminatory action on the part of your employer, it is crucial that you seek experienced counsel from one of our employment lawyers who is thoroughly familiar with this field of law. You could be entitled to monetary benefits.

Our wrongful terminations attorneys have represented numerous victims of wrongful termination and are prepared to put this experience to work for you. Get help from a firm that is solely dedicated to protecting the rights of workers, unlike other firms in the area.

 

Call 855-596-4657 today to set up an initial case consultation at the firm’s Vineland location.

What Is a Wrongful Termination?

A wrongful termination is any firing that is illegal. A firing is illegal when it:

  • Violates a federal, state, or local law, or
  • Violates an employment contract.

Just because a termination is unfair doesn’t make it illegal. For example, it might be unfair for your boss to fire you so he can hire his inexperienced niece or nephew. However, because there’s no law against nepotism, you wouldn’t have a wrongful termination claim.

Violation of Federal, State, or Local Laws

The default rule in the United States is “at-will employment.” This means employers can fire employees at any time, for any reason. However, there is one important exception to this rule. Employers cannot fire at-will employees for illegal reasons. Federal, state, and local laws carve out a handful of reasons that are illegal. For example, it’s illegal to fire employees due to their race or gender.

Violation of Employment Contract

Employees no longer work at-will when they have an employment contract. We usually think of employment contracts as being written, but they can also be formed by words and actions. (See our article explaining how employers create employment contracts and alter at-will employment.) A contract employee cannot be fired if it would violate the terms of the contract. Typically, this means that employers cannot fire employees with having a good reason (called “cause”) before the term of the contract is up. Employers also can’t fire contract employees in violation of state, federal, or local laws.

How Do I File a Wrongful Termination Claim?

If your wrongful termination claim is based on discrimination or harassment, you will need to file an administrative complaint first (called a “charge”). You must typically file your charge with the Equal Employment Opportunity Commission (EEOC)—or a state agency that enforces antidiscrimination laws—within 180 days of the discrimination or harassment. The EEOC or the state agency will investigate your complaint and decide whether to take action. Most of the time, the EEOC will simply issue a “right-to-sue” letter, which allows you to file your wrongful termination lawsuit in court.

The process of filing an EEOC charge is relatively simple. You can file your claim in person at one of the EEOC’s local field offices or you can file your claim by mail. To file by mail, send a letter to the EEOC with your contract information, your employer’s contact information, an explanation of how you were discriminated against or harassed, and when these events happened. You must also sign your letter.

While you don’t need a lawyer to file an administrative charge, it’s often helpful to do so, especially if you plan on filing a lawsuit down the road. Once you file your claim, the EEOC will speak to you, your employer, and any relevant witnesses. The information that the EEOC gathers can be used as evidence in your subsequent wrongful termination lawsuit. The EEOC may also try to facilitate a settlement negotiation between you and your employer. A wrongful termination lawyer will ensure that you’re receiving a fair offer and that you don’t give up any rights that you shouldn’t.

For most other types of wrongful terminations claims, you aren’t required to file a claim with an administrative agency first (although you may have the option). You can go straight to filing a lawsuit in court. For this, you will almost certainly need the assistance of an employment lawyer.


Employment Law Legal Advice

The Employment Tribunal

Employment law on constructive dismissal states that claims could be based on your employer's breach of employment contract. This may involve a violation of any specific term or condition in the employment contract, the staff handbook, or the job advertisement for the position. It may also involve breach of implied terms like the employer's duty to reasonably act or duty of care towards employees.

If you think and feel that you are forced to quit your current job or that your employer is treating you badly that there is no other option but to leave, you may take advantage of the employment law on constructive dismissal. You may file for a constructive dismissal claim when you file for a resignation because of your employer's actions that practically and logically make it impossible for you to carry on your job. The employer may also be treating you severely. As the heart of the employment contract, constructive dismissal might be caused by a particular action by the employer or a series of unlikely events.

Common instances that would automatically qualify you to use the employment law on constructive dismissal include changing of your job description, abrupt cutting of your pay, and sudden alteration of working location or hours, and refusal of the employer to improve inhumane or intolerable working conditions. Breaches of implied terms in fundamental employment contracts usually include the employer making it impossible for you to perform your job tasks or failing to give reasonable support for you to do your job without any disruption. Employment law on constructive dismissal even covers any form of harassment from your fellow workers and wrong/unfounded accusations of theft.

To be able to qualify, you must have been employed by the employer for at least a year. However, if the employment has not reached that required period yet but you have evidences that could prove you were dismissed automatically due to unfair reasons, you could still take advantage of this employment law. How could you file for any dismissal claim? If you think you could no longer stand how your employer treats you, file a formal grievance at once. Explain why you are anxious and unhappy with your work. Under normal grievance procedures, the employer has up to 28 days to respond to your grievance. Experts advise that you try to be as flexible as you could be as well as constructive and reasonable in trying to reach a resolution for your problem with your employer. A compromise agreement may be a viable option.

You may not be covered by the employment law on constructive dismissal if you have entered into a compromise agreement with your employer. But that does not mean you would not be entitled to any form of compensation. That is why you should hire the best and most reliable employment solicitors around. You definitely need sufficient and helpful guidance and advice when applying for constructive dismissal claims and signing compromise agreements so you could make sure you would be able to protect your welfare.


What is Wrongful Termination?

Can You Sue An Employer For Wrongful Termination

Have you ever felt like storming into your manager’s office and saying, "I've had enough and I quit!"? If so, you’re not alone: Many employees quit or resign because their working conditions have grown intolerable. If you were forced to quit your job due to illegal working conditions, it’s called a “constructive discharge.” If your employer tried to push you out for illegal reasons, you may have grounds for a wrongful termination lawsuit, even if you technically quit your job.

What Is Constructive Discharge?

When you quit or resign from your job because you were subjected to illegal working conditions that were so intolerable that you felt you had no other choice, it’s called a constructive discharge. Even though you quit, the law treats you as if you were fired, because your employer essentially forced you out. Proving You Were Forced to Quit To prove a claim of constructive discharge, you generally have to show all of the following:
  • You were subjected to illegal working conditions or treatment at work (such as sexual harassment or retaliation for complaining of workplace safety violations).
  • You complained to your supervisor, boss, or human resources department, but the mistreatment continued.
  • The mistreatment was so intolerable that any reasonable employee would quit rather than continue to work in that environment.
  • You quit because of the mistreatment.

For instance, say a male coworker is making sexual advances toward you or makes sexually explicit comments to you frequently at work, even though you've asked him to stop. You report his behavior to your supervisor and to the human resources manager, who both ignore your complaints. After several weeks, nothing has changed; your employer hasn't done anything to stop your coworker, who continues to harass you. Finally, you've had enough of the mistreatment and you quit. In such circumstances, you would probably have a good claim for constructive discharge.

If, on the other hand, you quit two days after you made your first complaint to the boss, you likely would not be able to prove constructive discharge. You must give your employer a chance to fix the problem rather than quitting at the first sign of trouble.

If you win a constructive discharge case, you will be entitled to money damages from your employer.

Proving Your Discharge Was Illegal

Most employees in this country work at will, which means they can be fired at any time, for any reason that is not illegal. It’s not enough to prove you were compelled to quit: You must also prove that your employer’s reason for forcing you out was illegal. If you felt compelled to quit because your manager was a bully who made work life miserable for everyone, for example, you wouldn’t necessarily have a constructive discharge claim. But if you quit because your manager bullied and berated you because of your disability, you likely have a strong legal claim.

Here are some common wrongful termination claims that come up in constructive discharge situations:
  • Discrimination and harassment. If you quit because you were being discriminated against or harassed due to a protected characteristic (such as your race or religion), you have a wrongful termination claim.
  • Retaliation. If your employer forces you to quit because you complained about illegal workplace behavior (such as discrimination, harassment, failure to pay overtime, and so on), you have grounds for a lawsuit. The same is true if your employer pushes you out because you exercised your legal rights, such as your right to take time off work under the Family and Medical Leave Act, your right to join a union or discuss union matters with other employees, or your right to refuse to work in dangerous conditions.
  • Breach of contract. If you have an employment contract stating you may be fired only for good cause, and your employer forces you to quit, you can sue your employer for not honoring the contract.

Damages for Constructive Discharge

If you win a constructive discharge case, you will be entitled to money damages from your employer. The damages available depend on the legal claims you can make—that is, they depend on the reason why your employer forced you out. Depending on the facts, you may be entitled to:

  • Back Pay - The wages or benefits you lost as a result of being forced to quit
  • Front Pay - The wages or benefits you will lose going forward, until you find a new job
  • Attorneys’ Fees And Court Costs
  • Compensatory Damages - Compensation for the pain and suffering or mental distress you experienced because of the discharge, and/or
  • Punitive Damages - An award intended to punish your employer for especially egregious misconduct.

Constructive discharge cases can be hard to prove. You must show not only that your employer acted illegally, but also that the behavior was bad enough to compel a reasonable employee to quit. Courts tend to hold employees to a very high standard here, requiring proof that your working conditions were truly intolerable. To figure out whether you have strong legal claims, you’ll probably need to talk to an experienced employment lawyer.

Unemployment Benefits

In general, employees are typically not eligible to collect unemployment when they quit their jobs voluntarily. However, if you were forced to quit in a constructive discharge, you should still qualify for unemployment benefits. When you file your claim for benefits, explain that you were compelled to quit due to your employer’s mistreatment. (For more information, see Unemployment Compensation When You’ve Lost Your Job.)

Questions for Your Attorney

  • How long do I have to file a lawsuit against my former employer for constructive discharge?
  • Should I accept my employer's offer to rehire me if I win my constructive discharge suit?
  • How long will my lawsuit take? Do I have to take a job that pays less than my former job while the case is pending?