When Can You Sue For Wrongful Termination Howell

Wrongful Termination Howell

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

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

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

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

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

 

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

What Is a Wrongful Termination?

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

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

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

Violation of Federal, State, or Local Laws

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

Violation of Employment Contract

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

How Do I File a Wrongful Termination Claim?

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

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

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

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


Employment Law Questions

What To Do If You've Been Wrongfully Terminated

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

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

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

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

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


3 Common Employment Law Questions Answered

Can I Sue A Company For 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.