Wrongful Termination Lawyers in Charleston, WV (304) 342-0133 DiPiero Simmons McGinley & Bastress, PLLC is a well-known and respected law firm located in Charleston, West Virginia. Our lawyers have provided legal services for working men and women and their families for more than forty years.;
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Wrongful Termination Lawyers Serving Charleston, WV and Kanawha County, West Virginia
Wrongful Termination Lawyers Serving Charleston, WV and Kanawha County, West Virginia
Wrongful Termination Lawyers Serving Charleston, WV and Kanawha County, West Virginia
Right after you are dismissed is the ideal time to contact a wrongful dismissal lawyer. If you are unsure if your termination was, in fact, unlawful, it’s a good idea to contact an attorney at this time and ask any questions you may have.
If you’ve lost your job in West Virginia and feel you were wrongfully terminated, you should know that you may have legal options. With the help of a skilled and experienced Charleston wrongful termination lawyer, you can find out if, in fact, your termination was unlawful and if actions can be taken against your employer. By taking legal action against an employer who wrongfully terminated you, you can potentially receive compensation that can ease the process of finding a new job.
If you were terminated after you took time off that you were legally able to take (this includes time for military services)
If you were terminated from your job and feel the dismissal was unlawful, you have a limited period to act during. Your first instinct may be to file an unemployment claim, but you should not file one if you feel your dismissal violated one or several state/federal laws. The information you state on your unemployment claim may harm your chances of filing a successful wrongful termination lawsuit.
This means that we won’t charge you a dime if your claim is not successful. Any fees we receive will come out of the final settlement award if one is obtained in your favor.
All businesses must follow local, state, and federal employment laws that dictate under what conditions an employee can be fired and how the termination process must proceed. If any of these laws aren’t followed, grounds for a lawsuit may be present.
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Other wrongful termination may be based on violating your contract, retaliating against you for discriminatory actions, for reporting safety violations, wage and hour violations, for whistleblowing activities, or firing you for taking time off for which you have a legal right.
If you were fired for an unlawful reason, you may have grounds for a legal action against your employer. At Rod Smith Law PLLC, we understand the injustice of wrongful termination and are here to help make things right.
This means if you are not formally contracted to your employer, you can be terminated for any reason or without reason. However, you cannot be terminated for unlawful reasons.
For them to have actually violated the laws, they would have to have terminated you as an employee in violation of federal, state, and even local laws.
Terminated your employment when you took time off that was legally yours to take (including time for military service).
Bobby Beasley had previously sued Mayflower because of a workplace injury ( Chris Heavens obtained a $300,000 settlement* for Mr. Beasley in a previous lawsuit). Upon returning to work from his injury, Mr. Beasley was offered a management position with the company. Mr. Beasley accepted the management position with the company and was later terminated from employment. Chris Heavens again sued Mayflower on behalf of Mr. Beasley; this time alleging that Mayflower illegally retaliated against Mr. Beasley because of his previous lawsuit against the company. The case went to trial in Federal Court and the jury returned a verdict in favor of Mr. Beasley, awarding him $100,000 in back wages, $35,000 for emotional distress and $35,000 in punitive damages. Result: $165,000 Jury Verdict*.
Consider the states with “at will” employment, such as West Virginia. This means that your employer may be able to fire you at any time and without any reason. This sounds wildly unfair and would feel even worse if it happened. However, this is not a violation of the state’s laws. If on the other hand, that employer fired an at-will employee because they heard that she was pregnant, that is a direct violation of federal employment laws. The plaintiff would have to file with the Equal Employment Opportunity Commission (EEOC) and win the right to sue for making a claim.
In any of these instances, you might be able to build a very strong wrongful termination case against them, but always remember that the burden of proof is going to fall upon you and not the employer. In other words, you have to prove your claim, and only if you are able to do so will the employer have to prove their innocence.