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.
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