If you have been wrongfully terminated from your job then you can take legal action for seeking justice. Hiring a wrongful termination employment lawyer can greatly help in this regard.

But what exactly does a wrongful termination attorney does? What are your legal options to fight the injustice meted out to you by your employer? What exactly is classified as wrongful termination? Yes, these are all valid questions that can come in the mind of the victims. The legal jargon used to explain law-related matters may further confuse the victims rather than help them take the right lawful action.

So, here are some frequently asked questions to help the victims understand the matter of wrongful termination properly.

What is wrongful termination?

If an employer terminates the employment of an employee or worker without a just cause; it is termed as wrongful termination.

Unjust causes can be –

• Discrimination based on race, gender, sexual orientation, nationality, religion, disability, age, political views, pregnancy, or marital status. If an employee is terminated for one of these reasons then is it unlawful.

• Retaliation or threats of legal action by employees who have experienced sexual harassment in the workplace can also be the reason for terminating an employee. The reasons given in such situations are something else; such as lack of performance.

• Whistleblowers are often fired as they publicly exposed something unlawful happening in their organizations.

• Those who file claims for wrongful termination, discrimination, or harassment are also often fired from their jobs as a retaliatory action by the employers.

• Employees are also often fired if they decide to not participate in illegal or unlawful practices of their organizations.

The termination will be unlawful as per the laws in your state. Wrongful termination laws can differ from one state to another. So, it is important to find the right information about it as per your location.

Can an independent contractor file a claim for wrongful termination?

No, since independent contractors are not actually employees of the organization; they cannot file a claim for wrongful termination. But if you have been misclassified as one then you may have a case. But ensure that you are aware of the laws regarding it in your state.

Can an employee file a wrongful termination claim against a supervisor?

It will depend on your state’s wrongful termination laws. For instance, in California, you can only file a claim against your employer even if it was your supervisor who fired you from the job. If your supervisor was responsible in other ways such as sexually harassing you and then terminating you in retaliation; you may file a different claim against that person.

When should a wrongfully terminated employee hire an attorney?

Wrongfully terminated employees must hire an attorney without delay. Depending on your location; there may be a statute of limitations on wrongfully terminated cases. So, it is important to consult with an attorney as soon as possible and file a claim.

If you suspect that your employer may fire you based on unjust reasons; then don’t wait for it to happen. Consult with an attorney to know your next steps. Your attorney may guide you about what to do in case you decide to file a claim in the future. For instance, your attorney may advise you about recording calls between you and your employer henceforth or keeping details of meetings between you two.

What is constructive discharge?

Constructive discharge or dismissal is when an employee is not able to work anymore in the company due to changes made to the organization’s policies or their employment. For instance, the changes can be regarding work timings, the use of advanced technology, increased workload, decreased pay, and reduced status. The employer, in such cases, won’t officially fire an employee from the job. But they would make it difficult for the employee to continue to work in the company in the same capacity as before. Constructive dismissals are high-risk cases. So, it is important to consult with a wrongful termination employment lawyer before any sort of retaliatory action.

Have you faced discrimination due to age, sex, race, religion, disability, or pregnancy in your workplace? Have you not been paid the minimum wage, denied payment for overtime work, or refused paid vacation, paid sick time off, and family medical leave? Have you had to make do without the legally mandated meal and rest breaks?

Have you had to put up with sexual harassment, retaliation, and unfair demotion? Have you been laid-off or have to deal with wrongful termination? If you have experienced any of these workplace issues, it may be time to get in touch with a Glendale employment lawyer and take a proactive step in protecting your rights as an employee.

Before contacting the employment lawyer in Glendale, however, here are a few things you should remember:

You must be sure that you have a legal case

While you may have a legitimate grievance against your employer, it has to hold up in court. Undertake some research and make sure that it will. You can even visit a few lawyers who offer a free consultation and get their expert opinion on the matter.

You must be clear about why you are filing the legal case

Are you filing the case because you want your employer to reinstate you in the company? Or because you hope to win a sizable financial settlement? Or for other reasons of justice? Since it could turn out to be a long-drawn battle, and you will need to stand your ground to get justice, you must begin with a strong motive.

You need to have credible evidence for your legal case

To convince the court of the legal legitimacy of your legal case, you need to back it up with credible evidence. Make a point of saving email, messages, and other correspondence with your employer. If possible, record your telephone calls. Maintain a diary record of the employer’s actions against you, including time, place, and witnesses. Get statements from the witnesses and any work records that prove your case.

You should find similar cases to get an idea about the likely outcome

There may be people you know or people you can look up who took the legal route to resolve issues similar to yours. Find out what the results were of these cases. You may not necessarily have the same outcome, but it can give you a better understanding of how the legal system works and what you can reasonably expect.

You should find out about legal costs and additional expenses

The employment lawyer in Glendale may take your case on a contingent basis, which means you need to pay them the legal fees only if they win it. You don’t have to pay them anything if they lose. However, you will still have to pay for additional expenses, such as filing fees, witness fees, expert fees, travel expenses, and so on. It could add up to a lot altogether, so it is best to have an idea of the amount at the start.

You should research the lawyer and their track record with similar legal cases

Before contacting the employment lawyer in Glendale, take some time to find out how competent and reliable they are. Have they won many similar cases, or have they gone for a settlement each time? The latter may not be a good sign, as it may signify they are more willing to settle than seek justice. You might also want to talk to their past clients about their experience of working with them. Last but not least, you should make a list of questions to ask when you visit their law firm. The employment lawyer in Glendale should be willing to answer these and clarify everything that you do not understand about employment law. They should also be readily accessible in person, on the phone, and via email. You want a lawyer who is ready to believe in you and be with you every step of the way in the case against your employer. They should be willing to take the matter to trial if it is not possible to reach an acceptable settlement and do everything legally possible to uphold your rights as an employee.

There are strict laws in place so that employers cannot unjustly fire their employees. If you think you are a victim of wrongful termination then you can take legal action against your employer. But you will need to make sure you are taking the right action. So, it is important to know about the laws related to wrongful termination in your state.

Wrongful termination laws can differ from state to state; even from one city to another within the same state. So, if you live in Los Angeles, it is important that you consult with good wrongful termination lawyers in Los Angeles itself. Otherwise, you may end up with incorrect information about wrongful termination laws.

Here are some circumstances when you need to consult with a wrongful termination lawyer.

Protected Categories

If you think you were fired from your job due to your race, religion, country of origin, sexual orientation, gender, or pregnancy then you should definitely consult with a lawyer. These are termed as protected categories under the law and your employer cannot fire you based on these grounds. If you feel this is the case with you then a wrongful termination lawyer can help you.

Harassment

If you were fired after you threatened to sue the company or the employer (post your sexual harassment) then you have grounds to take legal action. If you face any sort of mental or emotional harassment in the workplace, you can take legal action to protect your job or for your well-being.

Harassment of any kind can be a complex issue if it occurs in the workplace. Oftentimes; it is difficult to prove sexual harassment. So, before you take any action against the employer or supervisor or threaten them in any way; it is prudent to consult with a lawyer first. With proper legal action, you can fight the injustice done against you. But you will need sound legal guidance for it. An experienced wrongful termination lawyer can help you out greatly in this type of situation.

Opposing Discriminatory Policies

If you oppose a discriminatory policy in your organization and get fired for it; you can definitely sue your employer. A wrongful termination lawyer can help you understand the nitty-gritty of the situation after hearing the specifics of your case.

Retaliation

If you feel you were fired due to some sort of retaliation from your employer’s side then you should consult with a lawyer to know about what legal options.

Retaliation can be for any action on your part such as threats to reveal the company’s unlawful activities or discriminatory policies. If you witness sexual harassment of a co-worker and you threaten to take action, your employer can fire you in retaliation. Perhaps your supervisor favored someone else over you despite your performance is better than the other employee. Perhaps then you decided to take some sort of action such as threaten them with a lawsuit. If you were fired in retaliation in such a situation, you can definitely sue your employer.

A lawyer can help you by explaining the right legal procedure in this regard.

Other Circumstances

Independent contractors cannot sue for wrongful termination due to the non-existence of employer-employee relationship. But you can sue your employer if you were misclassified as an independent contractor and wrongfully terminated too.

Depending on your location, you will only be able to sue your employer and not the supervisor for your wrongful termination. But you can bring other claims against the supervisor if those pertain to your case and otherwise too. A lawyer can help you understand the process and guide you towards the right legal action.

If you feel you have been terminated from your job without just cause then it is best to consult with a lawyer. Oftentimes; in such situations, the reason for the termination is cited as lack of performance. If this is untrue then you can bring a claim for wrongful termination against your employer. A good wrongful termination lawyer can help you by offering you sound legal advice. Then you can take the right legal action with your lawyer by your side.

If you get sick or injured on the job; you may be entitled to receiving compensation from your employer based on your specific circumstance. When the nature of the injury or illness is serious, it is best to hire an experienced attorney to handle your case.

Here’s why it is important to hire a workers’ compensation lawyer.

Local Laws

Workers’ compensation lawyers are well-versed with their local laws concerning work-related injury cases. Laws related to workplace injuries and compensation can differ from state to state. So, it is important to hire a lawyer who has experience in dealing with cases similar to your own within your local area.

For instance, in Chicago workmans comp lawyers may be aplenty. But only those with expert knowledge of local laws can help you properly. You may want to handle the case by yourself. But with so many benefits to including in the compensation, it can be impossible for laypersons to negotiate and fight the case on their own. Medical care, permanent and temporary disability benefits, and others; there is a lot of work involved in workplace injury cases. All this work needs to be done as per local laws.

The Right Compensation Amount

The compensation amount needs to be calculated by considering many factors. Your employer may want to simply offer you an amount to placate you or to end the matter. But this amount may not be fair compensation for you. Without legal representation, you may not be able to arrive at a number to offer your employer. The compensation amount shouldn’t be exaggerated nor should you downplay it. 

A workers’ compensation lawyer can calculate it properly by considering your present and future circumstances. Your current medical bills are important and must be included in the compensation. But you also need to account for future medical expenses related to the injury or the illness. The compensation will also include temporary or permanent loss of income due to your injuries. In case of wrongful death; the family of the deceased is entitled to compensation.

Such calculations require a lot of work and expert knowledge. Hiring workers’ compensation can help you in this regard.

Negotiations

If you decide to go without representation, you will need to negotiate with your employer and the company’s representatives. Negotiations for compensation can take an ugly turn if the amount involved is significant. The insurers will also try to bully you into accepting the least amount of compensation and end the matter.

But you need not fear these people with legal representation by your side. Your lawyer will deal with the employer and the lawyers representing the company. Experienced lawyers are also not intimidated by insurers.

The Legal Work

Compensation cases can drag for quite some time if the amount is large or if the employer refuses to pay it. In such cases, you will need to file the case in court or forgo your claim.

Hiring a lawyer will give your case a fighting chance. Your lawyer will ensure that you get the amount you deserve based on your injuries. Your lawyer will gather evidence, hire expert witnesses, and solidify your case. Your lawyer will draft arguments and statements to increase your chances of winning the case.

Your lawyer will also guide you through this entire process about the legal aspects of the case. It can get overwhelming to go against entities with more money and power than you. They can try and intimidate you with their financial prowess. But when you hire a lawyer, you will not be alone when fighting your case.

Focused Approach 

When you hire a workers compensation lawyer, you can focus on your healing and your lawyer can focus on your case. It can be extremely difficult to negotiate and fight the legal battle when you also have to deal with your injuries or illness. Your family may also be suffering due to your anguish and loss of income. So, while your lawyer handles every aspect of your case, you can concentrate on getting healed. Such a focused and dedicated approach is only possible with relevant legal representation by your side – in this case, a workers’ compensation lawyer.

When you sustain an injury on the job (with no fault of your own); you are entitled to receive compensation to cover any loss of income due to it or for the distress caused to you. But getting such compensation is never easy. Rarely will a company’s management admit its fault and agree to pay an employee exactly the compensation he or she deserves.

So, you need to find the right lawyer to get you the compensation you deserve. You can conduct a quick online search to find the names of leading workers’ compensation lawyers in your area. Use search terms such as Chicago workmans comp lawyers (if you need one in this city) or workers compensation lawyers near me.

Here’s how a workers’ compensation lawyer will fight for your rights.

By gathering evidence –

You are not likely to get any (or what you deserve) compensation without sufficient evidence to support your case. When you are injured, you are not likely to be in the condition to do so by yourself.

Your attorney will not only gather medical evidence but also testimonies and statements from vocational and other experts.

Your lawyer will collect all the essential medical records to support your claim. Your lawyer might also hire independent medical examiners to further support the statements of your doctors. Your lawyer may also conduct depositions of experts or key people related to your case. 

By negotiating on your behalf –

With the help of the evidence gathered and the medical expenses incurred by you, your lawyer will be able to draft a settlement structure to present to your employer. The settlement structure will also account for any loss of income you may have incurred due to the injury and will do so in the future. Your lawyer will consider the settlement structure from all angles before presenting it to your employers.

Your lawyer will also negotiate on your behalf for the settlement amount. It is unlikely that your employer will readily agree to your lawyer’s terms at the first instance.

By dealing with big insurance companies –

Insurance companies are often the villain when workers are denied the compensation they deserve. Insurance company agents are paid to pay the least amount of compensation. They can fight the case by employing any means necessary. Only an experienced workers’ compensation lawyer can deal with such insurance company agents and get you the compensation you deserve.

By representing you in court during the trial –

In rare cases, the cases go to trials. When employers and their insurers are hell-bent on not paying a worker his or her rightful compensation, the case may go to trial. The fights in the court are likely to get nastier.

Your lawyer might need to gather even more evidence for the case. There is a lot of work involved even before the trial begins. Your lawyer will need to submit motions or petitions and other paperwork on time.

Your lawyer will then present your case before the judge with the evidence to support your claim. The trial may involve examination and cross-examination of the witnesses. Your lawyer will need a strong opening statement as well as a very robust closing argument. On top of it all, your lawyer will need to raise objections if the lawyer of the employer tries to attempt something that is not considered improper but may still be legal.

By getting you the best settlement claim –

Fighting a workers’ compensation case is not easy. You may be already dealing with the stress of the injury, loss of income, your family’s distress, and an uncertain future. At this time, the support of a competent and experienced lawyer can be extremely valuable.

Your lawyer may also guide you about including claims against third-parties. There is a lot that can be included in the workers’ compensation depending on the nature of the injury. For instance, other than your employer, the negligence of the equipment manufacturer (the tool you were handling at the time of your injury) may also be at fault. Your lawyer may guide you about the best course of action to take in order to get you the most settlement amount.