Securing Employment Justice: Your Wrongful Termination Attorney

PRESS RELEASE
Published October 9, 2023

Wrongful termination is an increasing threat to employees across the United States. According to the American Civil Liberties Union, over 150,000 workers are fired illegally yearly for discriminatory reasons or in retaliation for exercising their rights. Understanding your legal protections as an employee has never been more critical.

This article will dive into the key aspects of wrongful termination, including the grounds for illegal firing, navigating the EEOC complaint process, and the invaluable role of a dedicated wrongful termination attorney in guiding you toward justice. Arm yourself with knowledge – your career depends on it.

The Rising Concern of Wrongful Termination

Wrongful termination, also known as wrongful discharge or wrongful firing, refers to being let go from a job for an unlawful reason. This could include:

  • Retaliation for exercising rights like taking protected leave or reporting illegal activities
  • Breach of an employment contract or implied promises
  • Discrimination based on protected characteristics like race, gender, religion, disability, or age

Wrongful termination concerns are escalating. Settlements now frequently surpass $1 million, with particularly egregious cases resulting in over $100 million in jury awards.

Understanding wrongful dismissal grounds is critical but complex, given overlapping federal, state, and local laws. Discrimination claims fall under Title VII of the Civil Rights Act of 1964, which applies to private employers with 15 or more employees and federal, state, and local governments. Other major protections stem from the Americans with Disabilities Act, Age Discrimination in Employment Act, and Family Medical Leave Act.

Moreover, securing local legal counsel tailored to your needs is key. Suppose you reside in Los Angeles and face potential wrongful termination. In that case, a wrongful termination attorney in Los Angeles who is intimately familiar with California employment laws and the Los Angeles judicial landscape can prove invaluable.

A wrongful termination lawyer in a particular location offers critical location-based expertise. They understand the unwritten norms, expectations, and practices that shape termination decisions unique to the region. Proximity also enables frequent in-person consultations and streamlined logistics if court dates arise. Local expertise could be the difference between a dead-end case and redemption.

Types of Wrongful Termination and Their Implications

The most common grounds for illegal termination include:

  • Discrimination – An employer cannot fire you based on protected traits like race, gender, religion, age over 40, disability, genetic information, or veteran status.
  • Retaliation – It is illegal to terminate employment because an employee reported unlawful activities, safety/ethics violations, or discrimination/harassment. Firing someone for medical leave or exercising other protected rights is also prohibited.
  • Breach of Contract – If an employment contract or employer policies outline a specific term of employment or dismissal procedures, firing against those terms could be unlawful.
  • Implied Contract – Even without a written contract, promises of job security or policies/handbooks on termination processes can form an implied agreement that, if breached, may qualify as wrongful discharge.
  • Whistleblower Retaliation – Employers cannot terminate employees who reveal illegal activities to the appropriate enforcement agencies, whether internally or externally reported.
  • Constructive Discharge – If working conditions become so intolerable that employees feel forced to resign, they may still have wrongful termination claims.

Understanding the grounds for wrongful firing in your state can reveal if your termination was potentially illegal discrimination, retaliation, or contract violation worthy of further investigation and action.

How Wrongful Termination Attorney Helps

  • With overlapping laws across jurisdictions, a knowledgeable attorney is invaluable in identifying which statutes apply and were potentially violated to justify a wrongful termination claim. They know where to dig for legal fouls.
  • Proving wrongful discharge often requires extensive documentation and investigation that employees rarely can orchestrate independently. Experienced attorneys have the resources to build a strong case.
  • Even without an employment contract, implied agreements based on policies and past practices may offer recourse. An attorney can leverage these technicalities in negotiations.
  • Calculating back pay, front pay, lost benefits, and damages requires financial and legal expertise. Savvy lawyers maximize compensation through shrewd calculations.
  • Should a wrongful termination claim reach the courts, an attorney’s litigation experience and mastery of precedents offer major advantages over going alone.

While employees may understand when a firing feels wrong, building a successful wrongful termination case requires specialized legal skills and experience. A knowledgeable local attorney levels the playing field.

While a gut instinct of wrongful firing is valid, the data underscores how challenging it is to win without legal expertise. One study by The National Law Review revealed the outcomes of wrongful termination lawsuits as follows:

Data Source: The National Law Review

With employees prevailing only about one-third of the time, the value of an accomplished attorney is clear. Their skills in navigating wrongful termination laws and building strong cases tip the scales back toward justice.

The Role of the Equal Employment Opportunity Commission (EEOC)

If an employee believes they have suffered illegal firing based on discrimination or retaliation, filing a charge with the EEOC is usually the first step.

The EEOC enforces federal laws prohibiting employment discrimination. Once a charge is filed, the EEOC will assess the claim’s merits during an investigation. From there, it may dismiss the charge, attempt mediation, or bring a lawsuit on the employee’s behalf.

Outcomes from the EEOC process include:

  • Case Dismissal – After investigating, the EEOC may issue a Notice of Right to Sue, allowing the employee to file a lawsuit themselves. About 10% of EEOC complaints result in settlements over $1 million.
  • Pre-Lawsuit Settlement – The EEOC may negotiate a settlement between the employee and employer before filing an actual lawsuit.
  • Litigation – If negotiations fail, the EEOC may sue the employer in court on the employee’s behalf. Average settlements exceed $40,000.
  • Remedies – If discrimination is proven, the EEOC may obtain back pay or reinstatement of employment. Emotional damages and punitive damages are also possible.

While the EEOC plays an invaluable role in investigating charges of discriminatory or retaliatory discharge, employees should strongly consider hiring legal counsel to guide them through the complexities of the law and complaint process.

Navigating the Legal Landscape with a Wrongful Termination Attorney 

Losing your livelihood unjustly is a nightmare scenario. The financial strain of lost income and betrayal of being fired illegally can induce panic and desperation. But taking quick legal action without guidance often compounds the nightmare.

Employment laws form a labyrinth few can navigate alone. Federal, state, and local statutes overlap and intertwine. Even lawyers spend years mastering their intricacies. Diving headfirst into the convoluted realm of wrongful termination litigation without an attorney leads to disaster.

But with the right legal partner, redemption becomes possible. An experienced wrongful termination lawyer illuminates the path forward. They know the terrain and battlegrounds. They bring wisdom earned from hundreds of cases fought and won. Where you see only darkness, they shine a light.

Here are five key reasons securing justice requires retaining an expert local wrongful termination attorney:

1. They identify violations of the law:

Was your termination discriminatory or retaliatory under Title VII? Did it breach an employment contract? Your lawyer investigates and uncovers illegalities.

2. They prove your case

Building irrefutable arguments requires gathering evidence, securing testimony, conducting discovery, and more. Attorneys have the time, skills, and resources to build your ironclad case.

3. They negotiate optimally

Even if no written contract existed, implied terms based on policies or past practices may offer recourse. Lawyers leverage these technicalities to extract maximum compensation through early settlement.

4. They calculate damages thoroughly

Quantifying back pay, front pay, benefits, pensions, emotional distress, and more requires financial and legal acumen. Lawyers maximize your rightful restitution.

5. They try cases powerfully

Should settlement talks fail and trials ensue, lawyers wield litigation experience and mastery of wrongful termination precedents to advance their interests in court. Their counseling preempts surprises.

While the road to redemption may seem uncertain, the right lawyer lights the way forward. Let an accomplished local attorney help you seize redemption and justice from wrongful termination.

Conclusion

Wrongful termination can disrupt lives and careers. Safeguard your livelihood by understanding illegal grounds for firing, the EEOC investigative process, and your right to justice. With an experienced wrongful termination lawyer guiding you, redemption from an unlawful discharge is within reach. Protect your rights and your future – contact an attorney today.

Frequently Asked Questions

1. What constitutes wrongful termination in my state?

Wrongful termination laws vary by state, city, and county. Discrimination, retaliation, whistleblower retaliation, breach of contract, and constructive discharge are common illegal grounds for firing.

2. How does the EEOC complaint process work?

First, file a charge with the EEOC outlining your allegations within 180 days of termination. The EEOC will investigate by interviewing parties, gathering evidence, and determining the validity of the claims.

3. When should I hire an employment lawyer?

Consult a wrongful termination attorney immediately after being fired for any potentially illegal reason. Early review maximizes the chance of a favorable settlement before needing to file with the EEOC or courts.

CDN Newswire