How To Sue Your Employer For Wrongful Termination Troy

Wrongful Termination Troy

In Troy, “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 Troy 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.


Unlawful Termination Of Employment

3 Common Employment Law Questions Answered

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

Wrongful Termination During Workers' Comp - Disability Leave

Can An Employee Sue An Employer For Wrongful Termination

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

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

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

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

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

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

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

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