If you’re looking for wrongful termination lawyers in my area then I can definitely recommend law firms and solicitors that specialize in this type of law. One of the most popular is the Solicitors Regulation Authority, also known as the SRA. There are plenty of other law firms and solicitors around in your local area.
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Nov 25, 2021 · Wrongful Termination Cases. 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:
Wrongful termination usually involves a breach of federal, state, or local employment laws, so it’s best to work with an attorney who specializes in employment law. Most cases of wrongful termination are settled outside of court, but large cases with significant damages can go to trial. If you believe there’s a good chance your case will require ...
Retaliation – employees have the right to file complaints against unlawful activity without being retaliated against by their employer. Employees also have the right to participate in employment-law-related investigations and lawsuits without fear of retaliation .
Arizona is an at-will employment state, which means that the employment agreement between employers and employees is voluntary. Employees are allowed to quit at any time, and employers are allowed to terminate employees for any reason that isn’t illegal. Unfortunately, that doesn’t leave much protection for employees, as employers can terminate employees for performance, attendance, misconduct, poor fit, or even something as broad as “not working out.” To be wrongfully terminated, an employee needs to lose their job because of one of the following illegal actions: 1 Discrimination – employers can’t make any employment decisions (hiring, firing, disciplining, promoting, demoting, etc.) on the basis of race, color, national origin, religion, sex, genetics, disability, age (if over 40), or pregnancy. Many states have additional laws protecting against discrimination due to gender identity, sexual orientation, and marital status. 2 Retaliation – employees have the right to file complaints against unlawful activity without being retaliated against by their employer. Employees also have the right to participate in employment-law-related investigations and lawsuits without fear of retaliation. 3 Violation of public policy – employers can’t fire employees for exercising their legal rights (e.g. the right to vote), refusing to take orders that would cause them to break the law, or reporting illegal activity. 4 Breach of contract – employment contracts supersede at-will employment laws, so employees with an employment contract can only be fired for the reasons outlined in the contract.
Age Discrimination in Employment Act ( ADEA) – if you are older than 40 and your age was a factor in your termination. Americans With Disabilities Act ( ADA) – if your actual or perceived disability was a factor in your termination, or if the employer refused to provide reasonable accommodations for your disability.
Fair Labor Standards Act ( FLSA) – if you recently submitted a complaint regarding unpaid wages, overtime pay, or child labor violations. Family and Medical Leave Act ( FMLA) – if you recently discussed, applied for, or took unpaid leave for qualified purposes.
Title VII of the Civil Rights Act ( Title VII) – if you were terminated due to discrimination based on race, color, religion, national origin, or gender, or if your employer refused to provide reasonable accommodations for your deeply-held religious beliefs.
The state of Arizona is a great place to live and work, but knowing the employment laws will help you a lot. Whether you are a newcomer to the state or a lifelong resident, understanding your workplace protections is good for your career, and the more you know, the better.
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.
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.
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.
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.
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.