how to find a lawyer to look into possible work termination problems

The best way to find the right attorney in the field of employment law and wrongful termination is through a certified attorney referral service that can hear your complaint and suggest the most qualified attorney who can help you.

Full Answer

How does an attorney analyze a wrongful termination case?

An attorney considers a number of facts when analyzing a wrongful termination case and seeks information tending to prove that, despite the employee being fired for cause or for no reason, the termination was unlawful. Common considerations include the following:

Do I need a lawyer to review my termination agreement?

An attorney can work with you to review your contract and determine if a stated reason for termination is contemplated by the contract. In some cases, an employer's policies can provide discipline procedures. An attorney can work with you to determine if your employer had a discipline policy it failed to follow.

Can I bring a wrongful termination lawsuit against my employer?

If you believe you have lost your job for an unlawful reason, you may have a claim for wrongful termination against your former employer, even if you were fired "for cause." Because bringing a wrongful termination action can be challenging and involve complicated legal proceedings, it may be in your best interests to consult with an attorney.

How much does a lawyer charge for wrongful termination?

A lawyer that handles wrongful termination cases usually charges on a partial contingency basis, but some attorneys may charge 30-40% in a contingency agreement if your case succeeds.

How do you challenge wrongful termination?

Challenging a Wrongful TerminationWritten Contract. Advise your employment attorney whether you have a written contract or other written document such as an employee handbook or policy and procedure manual applicable to your position. ... Implied Promise. ... Discrimination. ... Public Policy Violations.

What is considered unfair treatment in the workplace?

Some of the most common examples of unfair treatment at work include: Spreading false rumors about coworkers. Neglecting a promotion or pay raise due to a race, gender, or other non-work-specific trait. Sending offensive emails or texts regarding an employee.

What are the 3 basic employment rights for a worker?

The three basic rights of workers include rights concerning pay, hours and discrimination. Workers are entitled to these rights through the law and may declare their employer if they do not respect these rights.

How do I prove discrimination at work?

This requires a plaintiff to first establish a prima facie case of employment discrimination by demonstrating that she: (1) is a member of a protected class; (2) met her employer's legitimate job performance expectations; (3) suffered an adverse employment action; and (4) another similarly situated employee outside of ...

What can an attorney do for a termination?

An attorney can work with you to review your contract and determine if a stated reason for termination is contemplated by the contract. In some cases, an employer's policies can provide discipline procedures. An attorney can work with you to determine if your employer had a discipline policy it failed to follow.

What to do if you are terminated for poor performance?

If you were terminated for poor performance, your attorney will want to review any documents related to your performance during your employment and up until your termination. Performance reviews and employment evaluations are important in determining whether you were treated differently than other employees.

What damages can an employee recover from wrongful termination?

In a wrongful termination case, damages that a terminated employee may recover include lost pay, lost benefits, possible emotional distress damages, and potential punitive damages. Additionally, if you prevail against your employer you may be entitled to attorney's fees.

Why do I get fired?

Unlawful reasons for termination include firing in violation of anti-discrimination law, firing as a form of sexual harassment, firing in violation of labor laws, and firing in retaliation for an employee's complaint against the employer.

Can an employer fire someone for a violation of a contract?

An employer can't legally fire anyone for a reason that breaches an employment contract or violates the law. Unlawful reasons for termination include firing in violation of anti-discrimination law, firing as a form of sexual harassment, firing in violation of labor laws, and firing in retaliation for an employee's complaint against the employer.

Can an employer fire an employee for no reason?

Most employees in the U.S. work at-will. In an at-will employment situation, an employer can fire an employee for any legal reason or no reason. However, at-will employees can't be fired for an unlawful reason. Unless an employee has a contract with their employer saying otherwise, most employees in most states are presumed to be at-will employees.

What can a wrongful termination lawyer do?

Wrongful termination attorneys will examine the circumstances of your employment termination and analyze if there are grounds for a wrongful termination lawsuit. Many circumstances where employees are fired or laid off seem unfair but are not necessarily unlawful.

What to do if your employer fired you unjustly?

If you believe your employer has fired you unjustly, speak with a wrongful termination attorney to go over your justification for a lawsuit.

An attorney for wrongful termination will evaluate the events leading to your termination, documentation, and help you seek appropriate compensation

You have just been let go from a job you loved and really needed, and you aren’t sure why it happened. You don’t think it was fair, and you’re not sure what to do about it.

Document Your Case

If you are considering finding a lawyer to help you, and you have done some research to have a pretty good feeling that your firing may have been illegal, you should start gathering the information a lawyer would find valuable.

Find An Attorney Near You

Now that you have information that you think will back up your case, it’s time to get legal representation. A lawyer can help you determine what your losses are, also called damages, from the termination. These may include lost pay, lost benefits, increased medical expenses, and possibly emotional distress.

Plan for the Future

After your legal situation plays out and is resolved, you should consider what happens going forward. You will be talking to new companies and potential new employers. You will want to explain what happened at your previous company.

What is wrongful termination?

Wrongful Termination. Wrongful termination occurs when an employee is terminated under false pretenses in a way that breaks employment law. For example, an employee may be wrongfully dismissed if the employer terminates their position because of their race or gender.

What kind of lawyers handle work related issues?

In most cases, the lawyers who handle work-related issues are employment lawyers and labor law attorneys. These two types of lawyers will help guide you through the complexities of the law, help you build your case, and protect your interests.

What is the Whistleblower Protection Act?

101-12 was originally created to protect federal employees from harm (financial or otherwise) when reporting illegal or unethical behavior on the part of the government.

Do employers have a duty to investigate complaints?

Earlier in the post, we mentioned that employers have a duty and responsibility to investigate complaints from workers. When one or more persons file a complaint of discrimination, harassment, contract violation, or some other harm, it is important to take action quickly – but you must take the right action, too.

Can you sue for sexual harassment?

In either case, your employer is responsible to not only address it but also prevent it, whenever it occurs in the line of duty. If they don’t, you may have the right to sue for compensation. 4.

Do you have to pay severance if you terminate on short notice?

In most states, employers are required to pay people severance if they terminate employment on short notice. This is true even in right-to-work states where employers can fire someone for virtually any reason. It can be notoriously difficult to prove wrongful termination.

What are the legal issues that employment lawyers handle?

Employment lawyers handle employment-related legal issues, including: Wrongful termination; Workplace discrimination; Sexual harassment; Contract violations;

When should I contact an employment attorney?

A person should contact an employment attorney as soon as they become aware of an issue. If a person waits to contact an attorney, the delay could prevent them from proving the conduct committed by the employer and thus from recovering damages.

What can an employment lawyer advise employers about?

Of course, an employment lawyer can also advise employers about their rights and responsibilities regarding union workers and efforts of employees to unionize in an employer’s workplace.

How much does an attorney charge per hour?

Hourly rate: Most attorneys charge for employment cases according to a set hourly rate. In California, the median attorney hourly rate starts at $350 for smaller, less experienced firms and $450 for larger more experienced firms.

What to do if an employee is not unionized?

If an employee works in a non-unionized workplace and wants to try to unionize, the employee may well want to consult an employment lawyer. An employment lawyer can help by advising employees about their right to form a union and the activities in which they can engage in connection with that effort.

Why does an employer retaliate against a person?

The employer has retaliated against the person because they exercised a right such as requesting overtime pay to which they are entitled by law;. The person’s employment has been terminated in violation of an employment contract, express or implied;

What can an employment lawyer do?

An employment lawyer can help review or prepare contracts and agreements that you use with your employees such as employment contracts, severance contracts, or releases. Of course workplaces are subject to many different types of regulation by a number of different local, state and federal agencies, for example, OSHA.

Learn About Wrongful Termination

Document Your Case

Find An Attorney Near You

• Now that you have information that you think will back up your case, it’s time to get legal representation. A lawyer can help you determine what your losses are, also called damages, from the termination. These may include lost pay, lost benefits, increased medical expenses, and possibly emotional distress. Lost pay includes the period of unemploym...

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