lawyer who helps workers who have been let go from my job

If you must get a lawyer involved, you’d do well to work with Jason Perkins and his team at Perkins Studdard Law.They were thorough in gathering information and in sharing all the steps in the workers comp process specific to my case.

Full Answer

Why might I need a lawyer to handle a employment-related problem?

Nov 25, 2021 · In evaluating your case, your attorney will consider your financial losses. 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.

What is an employment lawyer?

What can a lawyer do for a Workers Comp case?

Why do employers hire attorneys to represent employees?

you have the right to see a doctor and to pursue medical treatment. if you are released to return to work by your physician, you have the right to return to your job. if you are unable to return to work because of your injury or illness, whether permanently or even temporarily, you have the right to some type of disability compensation.

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 is performance review important?

Performance reviews and employment evaluations are important in determining whether you were treated differently than other employees. If you were consistently rated highly during your employment but were fired for poor performance, your employer may have been covering for an unlawful reason of termination.

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 are the rights of workers compensation?

Generally speaking, however, there are a number of legal rights that are common across most states: 1 you have the right to file a claim for your injury or illness in workers compensation court or the state industrial court 2 you have the right to see a doctor and to pursue medical treatment 3 if you are released to return to work by your physician, you have the right to return to your job 4 if you are unable to return to work because of your injury or illness, whether permanently or even temporarily, you have the right to some type of disability compensation 5 if you disagree with any decision by your employer, the employer's insurance company, or the workers' compensation court, you generally have the right to appeal that decision, and 6 you have the right to be represented by a lawyer throughout the process.

What rights do you have when you are injured?

Generally speaking, however, there are a number of legal rights that are common across most states: you have the right to see a doctor and to pursue medical treatment.

How long do you have to report an injury to your employer?

Most states require that you report your injury within a certain period of time, typically the same day or within a few days of the incident.

What causes an injury on the job?

Sometimes your on-the-job injury might have been caused by the negligence of a third party. Depending on the circumstances, this other person or entity may be a designer or manufacturer of a defective piece of equipment or perhaps the driver of a delivery truck.

Can you be injured on the job?

Occasionally, however, employees can still be injured on the job even when every effort has been made to make a workplace safe. These injuries may include everything from broken bones, aggravations of pre-existing conditions, occupational illnesses, even psychological injuries.

What is third party claim?

If you are injured while at work due to the negligence of another party, you may have the right to bring a claim against that person or entity. These are known as "third party claims.". Typically, these claims are not filed in the workers' compensation universe.

Do employers have to provide a safe work environment?

Employers in every state are required to provide to their employees a reasonably safe and healthy work environment. Sometimes employers fail to fulfill this duty, and employees are injured as a result. Occasionally, however, employees can still be injured on the job even when every effort has been made to make a workplace safe.

Why do I need an attorney?

Why might I need a lawyer to handle a employment-related problem? To fully enforce state and federal laws protecting employees against illegal actions by their employers, you will need an attorney in many situations where you have a serious problem with your employer and need to take legal action.

What is employment law?

Employment law is a highly specialized and an ever-changing area of the law with significant gray areas. Retain someone who has represented individual employees, not employers. For more information on potential sources for employment lawyers, see the Workplace Fairness employment attorney directory.

What are Weingarten rights?

For example, if your employer is investigating a cash register shortage and you were on-duty when the shortage occurred, you can reasonably expect to be a potential suspect who might be disciplined or fired.

What is a service letter?

This is called a “service letter” law. Employees in these states must typically submit a written request to the employer; the employer must then provide a letter with the reason for termination within a certain time frame.

How long do you get unemployment benefits?

Most states have a maximum weekly amount that workers can receive. Benefits are paid for a maximum of 26 weeks in most states.

What is an oral contract?

Like a written contract, an oral contract includes terms about the duration of employment, compensation, and reasons for termination. However, the agreement is spoken between the employee and a representative of the employer, rather than written down. Implied contracts. Many states will also uphold implied contracts.

Can you be fired in Montana?

Montana is the only state without a default at-will employment rule; in Montana, employees cannot be fired without cause once they complete a probationary period of employment. Employees do not work at will when they have employment contracts promising them employment for a set period of time.

What does it mean to be blacklisted?

A: Blacklisting is when your name is included on a list of "undesirable" employees. Sometimes, employers maintain an actual list that is given to potential employers in a certain area or industry. Other times, employers may simply blacklist you by word of mouth, by telling fellow employers not to hire you.

Can you be fired for at will?

This is because at-will employees can be fired at any time, for any reason that isn’t illegal. As long as the employer makes it clear that the probationary period doesn’t affect your at-will employment, you won’t have any rights to continued employment. Your employer can fire you during or after the probationary period, regardless of how well you perform.

What rights do you have when you are laid off?

Company Policy: When a company plans layoffs, it may have a severance plan in effect.

What to do if you have recently lost your job?

Because a layoff can happen to anyone, often without warning, it is extremely important to be prepared to change jobs. Periodically update your resume, even if you don’t think you will need it soon.

What rights do terminated employees have?

In addition to a final paycheck, employees could be entitled to things like continued health insurance coverage, extended benefits, severance pay, and unemployment compensation. It is important to know exactly what your rights are as an employee when you lose your job.

Who is Jay Warren?

Jay Warren, counsel in the New York office of Bryan Cave LLP, shares his expertise on employee rights and options for seeking assistance if you have questions about those rights if you believe you have been discriminated against and/or have been subjected to wrongful termination.

Can a private employer terminate a job?

Most private-sector employees in the United States are employed at-will, which means that their employers can terminate their job at any time, for any reason or no reason at all—barring discrimination. This means that many newly terminated employees are taken by surprise.

What to do if you are fired illegally?

If you believe you were fired illegally, or your employer has refused to allow you to come back to work after you’ve been out on temporary disability, consult with an experienced workers’ compensation or employment lawyer who can help you protect your rights and explain how the law applies to your situation.

What happens if you lose your job after a work injury?

If you lost your job after suffering a work injury, you may have rights under other federal and state laws, even if your termination didn’t qualify as illegal retaliation under workers’ comp laws. For example, the federal Americans With Disabilities Act (ADA) and some state laws require employers to provide reasonable accommodations to employees with serious health conditions or disabilities. And the federal Family and Medical Leave Act requires larger employers to give you job-protected leave if you have a serious health condition

What happens if you file a workers compensation claim?

Updated: Oct 17th, 2019. If you were injured on the job or developed a work-related chronic condition, you may be worried about suffering negative consequences if you file a workers’ compensation claim. After all, employers usually aren’t thrilled to learn about new claims, which may raise their insurance rates.

Is it illegal to discriminate against employees?

It’s illegal for almost all employers to discriminate or retaliate against employees—by firing, demoting, reassigning, or otherwise punishing them—because they filed a workers’ comp claim. Without this protection, employees would be too afraid to exercise their rights, and employers would have no incentive to maintain a safe working environment.

Can an employer fire you for a work comp claim?

Most employees in the U.S. work at will. If you’re an at -will employee, your employer can fire you at any time, for any reason—unless the reason is illegal. (Contract employees, like most public school teachers, may have more protections under their contracts.) It’s illegal for almost all employers to discriminate or retaliate against employees—by firing, demoting, reassigning, or otherwise punishing them—because they filed a workers’ comp claim. Without this protection, employees would be too afraid to exercise their rights, and employers would have no incentive to maintain a safe working environment.

Can an employer fire you for being an at will employee?

Most employees in the U.S. work at will. If you’re an at-will employee, your employer can fire you at any time, for any reason—unless the reason is illegal. (Contract employees, like most public school teachers, may have more protections under their contracts.) It’s illegal for almost all employers to discriminate or retaliate against employees—by ...

2 attorney answers

Mr. Washington:#N#If your job injury resulted in light duty work restrictions and you are still under a doctor's care for medical treatment, your employer may be responsible for paying on going disability benefits during a layoff where they make no work available for you...

Peter LaSorsa

Was it a work related injury? Did you let work know you were hurt at work? Do you have a workers compensation attorney--if you do ask him about this. If not call one.