Have you been fired from your job? It can be a stressful thing to handle. And, especially so, if you feel that there were no valid grounds for your termination. To check if your employer has violated your rights, you may need to seek assistance from an unlawful termination attorney.
Reasons to hire an unlawful termination attorney
An unlawful termination attorney can help you in these ways:
The attorney will offer a free consultation
It can be daunting to approach an attorney when you are already out of a job. However, many unlawful termination attorneys offer a complimentary initial consultation and first assess your case and give you an idea of the costs involved in proceeding with it. Some attorneys also offer their services on a contingency basis. That means you only have to pay them if they win the case for you. If they lose it, you don’t have to pay them any legal fees.
However, bear in mind that there may be additional expenses that you have to pay for, such as gathering evidence, paying witness fees, travel expenses, and so on. It is best to ask about the cost details in advance before hiring the attorney.
The attorney will determine if you have a legal case
In most states in the United States, employment is on an at-will basis. That means, when you work for the employer, it is at-will, and you can leave the job at any time you want. However, your employer can also fire you at any time and for a valid reason or no reason.
Wrongful termination can happen if your employer has violated local law, state law, federal law, or an employment agreement in firing you. It can be tricky to prove this, and that’s why it can be a challenging matter to sue for wrongful termination. The legal proceedings can be lengthy and complicated too, so it is advisable to take your time and hire a competent unlawful termination attorney to help you carry out due research before filing a claim.
The attorney will review labor laws, your employee agreement provisions, and the policies in your employer’s employee handbook. They will also look at your performance records and talk to your work supervisors and colleagues. Based on the information they gather, they will determine if you have a legal basis to file for unlawful termination.
The attorney will gather evidence for your case
To begin with, the attorney will determine if the employer has dismissed you in violation of anti-discriminatory or labor laws, for refusing sexual advances, for reporting work malpractices, in retaliation for filing a complaint against them, or for any other illegal reason. They will also check that you did not violate any laws or have a poor work performance record.
The attorney will then set about collecting evidence to back up your claim. The evidence can include email exchanges, phone messages, phone call recordings, video recordings, statements by witnesses, your work evaluation and performance records, and so on.
They will also check that none of the evidence violates any employment or confidentiality agreements you may have signed. All the evidence they gather must be legally permissible if it is to be presented in court eventually.
The attorney will file your claim on time
Unlawful termination cases generally have time constraints on how long you can take to file your claim. If there is too much delay in making the filing and you happen to miss the deadline, it may no longer be possible to sue your employer. You can avoid this pitfall by hiring an unlawful termination lawyer to handle the legal matters on your behalf. They will file the claim on time, and they will also make sure that they have all the evidence to support your claim before the case goes to trial.
The attorney will represent you in court
The attorney will first try for an informal settlement with your employer. If that’s not possible, the matter will proceed to trial and the attorney will represent you in court and try to get you a favorable outcome. You may be entitled to reinstatement, compensatory damages, attorney fees, and recovery of back pay and lost benefits.