Employers have a right to fire their employees. But an employer can only fire an employee under their employment contract.
Hence, you can file a wrongful termination lawsuit if your employer terminates you under unlawful conditions. You need to hire a wrongful termination lawyer to provide legal counsel during the case.
But when employers terminate your work contract, you may not know whether their termination is wrongful. As a result, you don't hire wrongful termination lawyers to investigate their reasons for the termination. But, understanding the types of wrongful termination can help you seek justice against your employer.
Here are three examples of wrongful termination that warrant hiring a wrongful termination lawyer.
1. Termination During Leave
Under the Family and Medical Leave Act, all employees have a right to leave. Furthermore, an employee on leave should not suffer termination or demotion due to their absence from work. Hence, upon returning to work from leave, your job position and salary should remain intact.
Yet, some employers take advantage of an employee being on leave to replace them with another employee who may be willing to take a lower salary. If you encounter such a form of termination while on leave, you have a right to claim wrongful termination.
As a result, you should hire a wrongful termination lawyer to file and push your wrongful termination case in court.
2. Termination After Taking Part in a Protected Action
Protected actions are measures that an employee can take against their employer. For instance, you have a right to report unlawful activities such as fraud or money laundering without fearing termination.
But, if you report a superior for such activities, they might fire you for exposing their wrongdoings. However, terminating your employment for reporting them is wrongful.
Thus, you can hire a wrongful termination lawyer to help you fight the wrongful termination and get your employment back. Or, your lawyer can help you get compensation for the wrongful termination.
3. Termination as a form of Retaliation
Sometimes, an employer or superior can fire you as a form of retaliation. For instance, if you decline your employer's romantic advancements towards you, they might retaliate by firing you. Or, if you report your employer for sexual harassment, they might also retaliate by firing you.
In either case, getting fired by your employer or superior as a form of retaliation is both wrongful and unethical. Thus, if your employer retaliates by firing or demoting you, you should hire a wrongful termination lawyer.
The lawyer can help you gather evidence to prove that your termination is an act of retaliation. Furthermore, your lawyer can help you file a lawsuit in court to have you reinstated or compensated for the wrongful termination.
To learn more, contact a wrongful termination law firm in your area such as Willis Spangler Starling.
Share12 August 2022
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