Wrongful termination happens when your employer violates company policy or the law when letting you go. If you’re unsure whether your termination was wrongful, it’s important to understand why you can and can’t legally be fired.
Learn all about wrongful termination from top San Diego Wrongful Termination Rubin Law Corp.
Wrongful Termination
Wrongful termination is also referred to as wrongful dismissal or wrongful discharge. Your or your loved one’s termination is wrongful when it violates state or federal laws. It can also be considered wrongful if the employer violates their contractual or verbal stipulations for termination.
At-Will Employment
Many states recognize at-will employment, which means employers nor employees need a reason to end their employment arrangement. Although an employer doesn’t need a reason for firing you, terminations can be considered illegal when they meet certain measures.
Wrongful Termination Rights
Many state and federal regulations protect workers from illegal dismissal. Employment law attorneys have negotiated favorable settlements for their clients because official company policies banned certain unlawful actions.
Protecting Your Employment Rights
Employees who believe they have been wrongfully terminated should know the following before jumping into their claims. Employees need to know the regulations and review state or federal laws about their discharge for detailed information on how their wrongful termination can be determined.
Contract Review
Wrongful termination lawyers can help you review your contract to get a better understanding of the terms of their employment agreement. This can be especially useful when there is a wage violation or time worked dispute.
Human Resources
Following your human resources policy is essential to protecting your employment claim. Getting information from your human resources department about your company’s termination process can help you understand what benefits you’re entitled to.
Unemployment Rights
How you’re fired may determine if you’re eligible for state unemployment benefits. Checking with your state’s unemployment office can help you determine if you’re eligible for unemployment.
Handling A Wrongful Termination
If you have been wrongfully terminated, consider following these tips:
Gather Evidence
It will be your job as the plaintiff to provide evidence of your illegal termination. Documentation can help ensure that your desires are objective. Employment lawyers recommend documenting conversations, written communications, and any other pieces of evidence that support your claim.
Be Aware of What You Say
It’s important to proceed cautiously in employment law. What you say can and will be used to support or deny your claim. Rather than speak with coworkers about your experience, speak with the appropriate person in your HR department or consult with an employment law attorney in your community.
Do Your Research
Learning as much as possible about wrongful terminations and the factors surrounding your situation can drastically improve your right to compensation. You can learn some of the best practices for improving your claim and your right to lawful work by doing your research. The more knowledge you combine with action on your claim, the better your chances.
Consult With An Attorney
Seek out the legal advice of an attorney when things get a bit tricky. Many attorneys offer free consultations; however, it’s important to find an experienced employment law attorney. Employment laws, although found under tort law, or business law in many states, can be complex. That’s why it’s best to consult with a lawyer with experience in wrongful termination.
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