Wrongful Termination And Discrimination Parma OH

Wrongful Termination Parma

In Parma, “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 Parma 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

Wrongful termination, also known as wrongful dismissal, describes a situation where you believe that you have been dismissed from your job without due cause, or against the terms of your contract. Technically, a lawyer will take on your case if the dismissal breaches the conditions specified in your contract of employment, or breaches employment law. A formal written contact of employment is not always necessary as a precondition for disputing a termination.What are the circumstances of wrongful termination that lawyers would want to see? Examples would be dismissal based on your age, sex, or race, dismissal based on a false accusation of theft or similar, or dismissal without having gone through a due warning process as specified in a contract, usually involving a series of verbal or written warnings. You cannot be dismissed either for refusing to do something illegal, for whistleblowing on your employer, or for taking family or medical leave. Your goal in disputing your employment termination will be either to receive your job back, or to be awarded compensation of some sort. A lawyer will often be needed, due to the complexity of employment law and because of the tight timeframe within which documents often have to be presented.So where can you find wrongful termination lawyers? Ideally you will want to engage a lawyer who specializes in wrongful termination, and will have experience in successfully settling such cases.Thankfully, the web allows you to find such lawyers easily. Here are some of the best resources.LegalMatch is a service which helps to match clients with a lawyer with particular expertise; it is also worth reading their information about wrongful termination and constructive discharge.The National Employment Lawyers Association is a group of lawyers who can represent employees in cases of employment discrimination and wrongful termination. Check their 'Find a Lawyer' facility for a lawyer in your state.Another way to get information about the top wrongful termination lawyers is to look at online forums and blogs where people who have been terminated from their job and who are in a similar situation to you will post their experiences. For example, in the Yahoo Answers site dozens of questions about wrongful dismissal and wrongful termination cases are answered, both in the Employment section and in the Law and Ethics section. Questions answered include things like 'I've been wrongfully dismissed - what are my rights?', and 'What does a plaintiff have to prove to be successful in a wrongful dismissal action?' For further background on your legal options after being fired, see 'Seeking Relief for Wrongful Termination' at About.com, which recommends you find a lawyer who will not take fees up front, but who makes fees contingent on actually winning your employment case.Good Luck!

Wrongful Termination Lawyers - Where Can I Find Them?

Legal Advice Regarding Employment

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.


Wrongful Termination And Discrimination Springfield OH

Wrongful Termination Springfield

In Springfield, “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 Springfield 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

Facing An Unfair Dismissal Claim?

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.

Wrongful Termination - Understanding Your Legal Rights

Can I Sue My Former 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?

When Can You Sue For Wrongful Termination Toledo OH?

Wrongful Termination Toledo

In Toledo, “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 Toledo 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.



Lawsuits Against Employers For Wrongful Termination

The Qualities Found in a Federal Employee Lawyer

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.

At Last, Employment Law Legislation That Helps Business Owners

What Is Considered 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?

What Does A Wrongful Termination Lawyer Cost Youngstown OH?

Wrongful Termination Youngstown

In Youngstown, “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 Youngstown 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 anti discrimination 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

What To Do If You've Been Wrongfully Terminated

In Milne v Link Asset Security Company Limited [2005], Mr Milne was employed by Link Asset Security Company Limited (LASL)from 30 September 1999 until 22 December 2003 as a broker and manager.

Mr Milne was suspended from his job by LASL on 12 December 2003, pending a disciplinary hearing on 17 December 2003. At the disciplinary hearing, issues which related to Mr Milne's performance and conduct were mentioned but without detail. Mr Milne decided not to go to a second proposed meeting on 19 December 2003 and instead resigned to avoid the embarrassment of dismissal. Mr Milne then commenced proceedings against LASL for unfair dismissal and breach of his employment contract.

The Employment Tribunal (criticised LASL's decision to suspend Mr Milne before the disciplinary hearing, the absence of an investigation before the meeting and LASL's failure to allow Mr Milne to state his case. The Employment Tribunal however found there was no breach of Mr Milne's contract of employment as a result of his suspension and the way in which the disciplinary proceedings were conducted.

Mr Milne appealed on the ground that the Employment Tribunal's decision was perverse in that it did not find that LASL was in breach of the contract of employment.

The Employment Appeal Tribunal held that:-

▪ Mr Milne had to show an overwhelming case that the Employment Tribunal made a decision that no reasonable tribunal would have reached;

▪ Suspension by itself did not constitute a breach of implied duty of trust and confidence and ultimately a fundamental breach of an employee's contract of employment;

▪ In order to determine whether a suspension constitutes a breach of the implied duty of trust and confidence, the tribunal must have considered the surrounding circumstances including

(i) the reasons for suspension

(ii) the length of suspension

(iii) whether the employee lost his income

(iv) whether the employee was replaced; and

(v) whether the contract required the employer to provide work to the employee;

▪ In this case, the suspension was short, Mr Milne was still in his job, his remuneration was not affected and LASL was keen to ensure Mr Milne stayed. There was therefore no breach of the implied duty of trust and confidence and Mr Milne had not established an overwhelming case that the Employment Tribunal had come to an unreasonable decision.

The appeal was dismissed.

Comment: If you require further information on contracts of employment please contact us.

Email: enquiries@rtcoopers.com

© 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.


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

Lawsuits Against Employers 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?

Wrongful Termination Ohio – Do I Need to Hire A Lawyer?

Many people wonder “what is wrongful termination?”

Wrongful termination is when the reason you have been fired is against the law. In Ohio, most employment relationships are considered to be “at will” employment, which means that either you or your employer can terminate your employment relationship for any reason, no reason, or even a stupid reason.

That might not sound so good to you, however there are some exceptions that do make a termination wrongful and therefore against the law. Some of these exceptions include:

  • Protected Class: An employer cannot fire you based on your race, religion, gender, age, disability, national origin or military status .
  • Protected Activities: You are also protected from employment discrimination based on your choice to engage in certain protected activities, such as taking leave under the Family and Medical Leave Act (“FMLA”), filing a Workers’ Compensation Claim, complaining of Wage Violations, reporting safety violations, opposing illegal acts, or making other Whistleblower Claims.
  • Illegal Acts: Employers cannot fire you if you refuse to commit an act that you believe to be illegal.
  • Retaliation: Your employer cannot fire you for opposing discrimination.
  • Contractual Obligations: If you have an employment contract that may state that you can only be terminated for the specified reasons provided in the contract, or after certain procedures and steps have ben taken. Employment Handbooks will not usually meet the requirements of your contract of employment, but it would be in your best interests to let an experienced employment attorney review any written materials that you have so they can determine what your rights actually are.

Do you believe you were illegally fired or laid off from your job? If so, you might be wondering whether you need to hire a lawyer. If you are a victim of wrongful termination in Ohio then there are a number of legal remedies that you can pursue. You may be be able to pursue a lawsuit against your employer and seek damages for lost wages, benefits, emotional distress, attorney’s fees and more. Legally speaking, you are free to represent yourself throughout any stage of your wrongful termination case. However, wrongful termination claims are usually tough to prove and will usually require the assistance of lawyers and attorneys that are specialists in employment law.
 

 

A number of reasons you should hire a wrongful termination lawyer Ohio are listed below, but you should call one of our wrongful termination lawyers Ohio on 855-596-4657 to get your questions answered and to see if you have a wrongful termination case.

Do I Have a Wrongful Termination Case?

One of the first reasons to consult with a lawyer or an attorney is to figure out if you even have a wrongful termination case to pursue. Just because your termination seems unfair doesn’t mean that it was illegal. For example, it’s unfair for your boss to fire you to make room for a relative or college friend. However, workplace nepotism or favoritism isn’t illegal. To have a claim, your employer must have violated an employment contract or a specific federal, state, or local law.

Some examples of illegal reasons for firing include:

  • Discrimination based on a protected characteristic
    • Your employer refused to hold your position when you were called up for active military service.
    • You were fired because the new boss wanted a younger work force.
  • Refusal to provide reasonable accommodation for a disability
  • Refusal to provide legally-protected time off work
    • You were fired while on FMLA medical leave.
  • Retaliation for exercising a legal right,
    • You were fired because you filed a Workers’ Compensation claim.
  • Retaliation for reporting illegal activity by the company (whistleblowing).
    • You were wrongfully terminated when you reported safety equipment violations to OSHA.
  • You were fired because you refused to have sex with your supervisor/boss

Several other types of firing are illegal. However, the laws vary greatly from state to state, and even from city to city. An employment lawyer can quickly assess your situation and determine if you have a wrongful termination case.

Can I Handle My Case on My Own?

Legally speaking, you are free to handle your wrongful termination case on your own. However, practically speaking, most employees won’t get very far—or won’t get very much in compensation—without a lawyer’s help.

In a couple of situations, it can make sense to forgo hiring a lawyer. One example is if the illegal firing didn’t cause you much damage, financial or otherwise. For example, suppose the firing wasn’t particularly traumatic and you landed a new, better paying job within a couple of weeks. In this situation, you might just want to negotiate a fair severance package with your employer and move on.

Another example is where there is an established government agency that investigates complaints. For example, if you were fired due to your race, you would file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC would investigate your complaint and could help you and your employer reach a resolution. However, even in these types of administrative proceedings, a lawyer can be essential to getting you the compensation you deserve, especially if the firing has caused you significant damage.

What Can An Ohio Wrongful Termination Lawyer Do for Me?

One of the biggest benefits of hiring an employment lawyer is that it will help you understand the value of your claim. Without any legal expertise, it’s difficult to know how much your case is worth and whether a settlement offer is a fair one.

A lawyer can help you by evaluating the strength of the evidence in your case—for example, is there enough proof to show that your employer broke the law? If not, the lawyer can help you gather the evidence you need. A lawyer has legal tools at his or her disposal to obtain records, question witnesses, and more. If it turns out the evidence is lacking, the lawyer can explain how that affects the value of your case.

A lawyer can also determine what kind of compensation you’re likely to recover and how much. Some losses are limited or not compensated in certain types of wrongful termination cases, for example. And, a lawyer will know about additional penalties, interest, or other sums that you can recover. Your lawyer will calculate all of these sums and set reasonable expectations for what kind of settlement you should consider.

The mere fact of having a lawyer will also get your employer to take your claim more seriously. Lawyers only take cases that they think they can win. It’s not uncommon for employers to start negotiating once a lawyer gets involved. For all of these reasons, employees often fare better in their wrongful termination cases with a lawyer, even after taking attorneys’ fees into account.

Next Steps

If you’re interested in hiring an employment lawyer, you should do your research by checking out the areas we cover below


Employment Law Legal Advice

Wrongful Termination - A Guide for Victims

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.

At Last, Employment Law Legislation That Helps Business Owners

Employment Law Questions Wrongful termination, also known as wrongful dismissal, describes a situation where you believe that you have been dismissed from your job without due cause, or against the terms of your contract. Technically, a lawyer will take on your case if the dismissal breaches the conditions specified in your contract of employment, or breaches employment law. A formal written contact of employment is not always necessary as a precondition for disputing a termination.What are the circumstances of wrongful termination that lawyers would want to see? Examples would be dismissal based on your age, sex, or race, dismissal based on a false accusation of theft or similar, or dismissal without having gone through a due warning process as specified in a contract, usually involving a series of verbal or written warnings. You cannot be dismissed either for refusing to do something illegal, for whistleblowing on your employer, or for taking family or medical leave. Your goal in disputing your employment termination will be either to receive your job back, or to be awarded compensation of some sort. A lawyer will often be needed, due to the complexity of employment law and because of the tight timeframe within which documents often have to be presented.So where can you find wrongful termination lawyers? Ideally you will want to engage a lawyer who specializes in wrongful termination, and will have experience in successfully settling such cases.Thankfully, the web allows you to find such lawyers easily. Here are some of the best resources.LegalMatch is a service which helps to match clients with a lawyer with particular expertise; it is also worth reading their information about wrongful termination and constructive discharge.The National Employment Lawyers Association is a group of lawyers who can represent employees in cases of employment discrimination and wrongful termination. Check their 'Find a Lawyer' facility for a lawyer in your state.Another way to get information about the top wrongful termination lawyers is to look at online forums and blogs where people who have been terminated from their job and who are in a similar situation to you will post their experiences. For example, in the Yahoo Answers site dozens of questions about wrongful dismissal and wrongful termination cases are answered, both in the Employment section and in the Law and Ethics section. Questions answered include things like 'I've been wrongfully dismissed - what are my rights?', and 'What does a plaintiff have to prove to be successful in a wrongful dismissal action?' For further background on your legal options after being fired, see 'Seeking Relief for Wrongful Termination' at About.com, which recommends you find a lawyer who will not take fees up front, but who makes fees contingent on actually winning your employment case.Good Luck!

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Wrongful Employment Termination Lawyers Akron OH

Wrongful termination lawyers protect the rights of people who have been wrongfully terminated and determine violations of federal and state anti-discrimination and harassment laws, and employment agreements. Contact with a local Parma attorney for legal advice today.

Wrongful Termination Akron

In Akron, “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 Akron 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

Wrongful Termination During Workers' Comp - Disability Leave

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.

Wrongful Termination During Workers' Comp - Disability Leave

Unlawful Termination Of Employment 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.

Need Legal Representation For Employees Canton OH?

 

Wrongful Termination Canton

In Canton, “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 Canton 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 anti discrimination 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.


Employee Rights Termination Of Employment

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.

Facing An Unfair Dismissal Claim?

What Is Considered Wrongful Termination 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.

Lawyer For Employment Termination Cincinnati

Wrongful Termination Cincinnati

In Cincinnati, “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 Cincinnati 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 Considered Wrongful Termination

At Will Employment and How to File a Wrongful Termination Lawsuit

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.


The Qualities Found in a Federal Employee Lawyer

Overtime Attorney

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.

How To Sue Employer For Wrongful Termination Cleveland OH

Wrongful Termination Cleveland

In Cleveland, “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 Cleveland 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

At Will Employment and How to File a Wrongful Termination Lawsuit

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.

Employment - Disclosure of Information - Breach of Confidence

Suing An Employer For Wrongful Termination Has your employment been terminated? Do you think it was a wrongful termination? Knowing the employment law is vital to understand your legal rights. Florida is one of a number of states where individuals work at-will. This means that an employer can fire someone at anytime, for any reason, or for no reason at all. Seeking the advice of a Florida employment attorney can be beneficial in getting a valid claim initiated as each step of a case has specific timelines in which actions must be accomplished.Florida has no law dedicated to wrongful termination, but there are state and federal labor laws that do protect employees from a wrongful dismissal based on certain criteria and circumstances. But laws can be changed, modified, or added at any time by the government and the Florida judicial system. A knowledgeable and experienced wrongful termination lawyer can explain all of your legal rights and what is needed to present your case for a favorable resolution.FEDERAL EMPLOYMENT LAWS The Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967 prohibit discrimination based on an employee's race, color, age, religion, sex, and national origin.The Americans with Disabilities Act of 1990 prohibits discrimination based on an employee's disability or against someone who is believed to have a disability.The Fair Labor Standards Act (FLSA) of 1938 has been amended overtime and today includes prohibited discrimination against an employee based on marital status, citizenship status, and pregnancy.The FLSA guarantees employees certain workplace rights that employers cannot violate. Two examples of employees' rights are: the ability to assemble to form a union and to be paid an overtime rate for hourly employees working more than 40 per week. It is illegal for an employer to discriminate against or dismiss employees for asserting their rights as allowed by law or statue.FLORIDA EMPLOYMENT LAWSIn addition to discriminatory classes prohibited by Federal laws, Florida law makes it illegal to discriminate or dismiss someone based on having AIDS/HIV or sickle cell trait.Florida law enforces all Federal law and prohibits discriminatory employment actions if an employer has at least 15 employees. In Florida, an employee must be at least 40 for an allegation of age discrimination and there must be at least 20 individuals employed. An employer only has to have four employees for a wrongful termination based on citizenship status.Employees with employment contracts may not be at-will employees. If the contract specified in writing that they will not be fired during a certain period of time and then were fired during this timeframe, it may be a breach of contract claim.Florida allows terminated employees to file a lawsuit for fraud, emotional distress, injuries and violation of public and federal policies. These types of cases are called Tort and become personal injury cases. ADDITIONAL LABOR LAWSBoth Federal and Florida employment law makes it illegal for an employer to discriminate against personnel who exercise their rights to be absent from the workplace due to mandatory active duty military leave, jury duty, and to care for serous medical situations involving themselves or family members, as defined by the Family Medical Leave Act of 1993.Anyone who decides to file a claim for wrongful termination must file with a government agency before pursuing a personal lawsuit. On a Federal level, a claim can be filed with the Equal Employment Opportunity Commission, and in Florida, it would be the Florida Commission on Human Relations.If you believe that you were wrongfully dismissed; today would be the best time to talk with a wrongful termination lawyer.

Wrongful Termination Lawyer Cost Columbus OH

Wrongful Termination Columbus

In Columbus, “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 Columbus 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

Facing An Unfair Dismissal Claim?

Firing employees can be a process that causes you some backlash later if you have not dotted all your i's and crossed all your t's. Of course as the boss you do have the right to hire or let go workers. With firing though, there are certain safeguards that you really need to take to ensure you are protected from an unfair dismissal claim. Know the law and protect yourself, as you can only fire a worker under the right circumstances. The law is laid out in the Employment Rights Act (1996).

It is quite a detailed and fairly clear act and states there are several circumstances where letting a person go is considered to be unquestionably unfair. If any worker is dismissed on one of the stated grounds they have a right to lay an unfair dismissal claim whether they have been working for a week or a number of years. Other grounds do exist, but they have a one- year qualifying period.

What constitutes unfair dismissal? Workers absolutely cannot be let go for participating in trade union activities or for refusing to join one. They are allowed to carry out such duties when appropriate. If a trade union worker is declared redundant, that is the basis for a claim.

Any firings based on race, colour, creed, gender or other well-known and documented human rights issues is unfair and would result in a claim almost immediately. There are two ways this could careen out of control - either a claim for unfair dismissal or a discrimination suit. The discrimination suit would be very stiff. Dismissal on the grounds of being pregnant or taking maternity leave is automatic as it is for those let go for taking parental or adoption leave.

If you sought more flexible work hours or asked for equal treatment as a part time worker and lost your job because of that, you have grounds for an unfair dismissal claim.

The number of grounds stated in the act are fairly exhaustive and do include other things like being turfed for asking for the minimum wage and asking for someone to go with you to a disciplinary hearing. The law relating to this area of employment is volatile and liquid, so it is best to keep up with what is going on. This of course is difficult to do if you are trying to run a company at the same time. Outsourcing is the perfect answer. Get professional advice from a firm that can help you through the legal jargon. Unfair dismissal cases are long and involved and can cause some serious problems for your company.


At Will Employment and How to File a Wrongful Termination Lawsuit

Employment Law Legal Advice

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.

Lawyers That Handle Wrongful Termination Dayton OH

Wrongful Termination Dayton

In Dayton, “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 Dayton 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

Wrongful Termination - A Guide for Victims

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: Were You Wrongfully Terminated?

Employment Law Questions

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.

Wrongful Termination And Discrimination Attorney Elyria OH

Wrongful Termination Elyria

 

In Elyria, “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 Elyria 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 Specialists

At Will Employment and How to File a Wrongful Termination Lawsuit

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.


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

Legal Advice Regarding Employment 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.

Need A Lawyer For Wrongful Termination Hamilton OH?

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.


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Suing For Unlawful Termination

Wrongful Termination Lawyers - Where Can I Find Them?

Wrongful termination, also known as wrongful dismissal, describes a situation where you believe that you have been dismissed from your job without due cause, or against the terms of your contract. Technically, a lawyer will take on your case if the dismissal breaches the conditions specified in your contract of employment, or breaches employment law. A formal written contact of employment is not always necessary as a precondition for disputing a termination.What are the circumstances of wrongful termination that lawyers would want to see? Examples would be dismissal based on your age, sex, or race, dismissal based on a false accusation of theft or similar, or dismissal without having gone through a due warning process as specified in a contract, usually involving a series of verbal or written warnings. You cannot be dismissed either for refusing to do something illegal, for whistleblowing on your employer, or for taking family or medical leave. Your goal in disputing your employment termination will be either to receive your job back, or to be awarded compensation of some sort. A lawyer will often be needed, due to the complexity of employment law and because of the tight timeframe within which documents often have to be presented.So where can you find wrongful termination lawyers? Ideally you will want to engage a lawyer who specializes in wrongful termination, and will have experience in successfully settling such cases.Thankfully, the web allows you to find such lawyers easily. Here are some of the best resources.LegalMatch is a service which helps to match clients with a lawyer with particular expertise; it is also worth reading their information about wrongful termination and constructive discharge.The National Employment Lawyers Association is a group of lawyers who can represent employees in cases of employment discrimination and wrongful termination. Check their 'Find a Lawyer' facility for a lawyer in your state.Another way to get information about the top wrongful termination lawyers is to look at online forums and blogs where people who have been terminated from their job and who are in a similar situation to you will post their experiences. For example, in the Yahoo Answers site dozens of questions about wrongful dismissal and wrongful termination cases are answered, both in the Employment section and in the Law and Ethics section. Questions answered include things like 'I've been wrongfully dismissed - what are my rights?', and 'What does a plaintiff have to prove to be successful in a wrongful dismissal action?' For further background on your legal options after being fired, see 'Seeking Relief for Wrongful Termination' at About.com, which recommends you find a lawyer who will not take fees up front, but who makes fees contingent on actually winning your employment case.Good Luck!

Wrongful Termination Lawyers - Where Can I Find Them?

Can You Sue An Employer For Wrongful Termination

In Milne v Link Asset Security Company Limited [2005], Mr Milne was employed by Link Asset Security Company Limited (LASL)from 30 September 1999 until 22 December 2003 as a broker and manager.

Mr Milne was suspended from his job by LASL on 12 December 2003, pending a disciplinary hearing on 17 December 2003. At the disciplinary hearing, issues which related to Mr Milne's performance and conduct were mentioned but without detail. Mr Milne decided not to go to a second proposed meeting on 19 December 2003 and instead resigned to avoid the embarrassment of dismissal. Mr Milne then commenced proceedings against LASL for unfair dismissal and breach of his employment contract.

The Employment Tribunal (criticised LASL's decision to suspend Mr Milne before the disciplinary hearing, the absence of an investigation before the meeting and LASL's failure to allow Mr Milne to state his case. The Employment Tribunal however found there was no breach of Mr Milne's contract of employment as a result of his suspension and the way in which the disciplinary proceedings were conducted.

Mr Milne appealed on the ground that the Employment Tribunal's decision was perverse in that it did not find that LASL was in breach of the contract of employment.

The Employment Appeal Tribunal held that:-

▪ Mr Milne had to show an overwhelming case that the Employment Tribunal made a decision that no reasonable tribunal would have reached;

▪ Suspension by itself did not constitute a breach of implied duty of trust and confidence and ultimately a fundamental breach of an employee's contract of employment;

▪ In order to determine whether a suspension constitutes a breach of the implied duty of trust and confidence, the tribunal must have considered the surrounding circumstances including

(i) the reasons for suspension

(ii) the length of suspension

(iii) whether the employee lost his income

(iv) whether the employee was replaced; and

(v) whether the contract required the employer to provide work to the employee;

▪ In this case, the suspension was short, Mr Milne was still in his job, his remuneration was not affected and LASL was keen to ensure Mr Milne stayed. There was therefore no breach of the implied duty of trust and confidence and Mr Milne had not established an overwhelming case that the Employment Tribunal had come to an unreasonable decision.

The appeal was dismissed.

Comment: If you require further information on contracts of employment please contact us.

Email: enquiries@rtcoopers.com

© 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.