Wrongful Termination Law FAQ

1. Q. What is wrongful termination law?

A. Wrongful termination law governs the statutes put in place to protect individuals from being terminated wrongfully, as well as the consequences and compensation that individuals can seek if they have been a victim of wrongful termination.

2. Q. What sorts of terminations can be considered ‘wrongful termination?'

A. There are many, many intricacies and factors that go into wrongful termination cases. The most common and most easily won include employees being terminated because of their race, sexual orientation or beliefs. However, proving the real reason for termination can be difficult. Speaking with an attorney is an excellent idea if you feel you've been wrongfully terminated.

3. Q. How does ‘employment at will' affect wrongful termination cases?

A. Employment at will can make it very difficult to pursue a wrongful termination case. Employers can easily cover their true reasons for firing an individual with false reasons that would keep them out of trouble. This is why it's so important to speak with an attorney.

If you feel you have been wrongfully terminated, consult with an employment lawyer to discuss your case and find out your options.

4. Q. Should I hire a wrongful termination law attorney if I feel I've been fired for ill reasons?

A. Yes. It's very important that you speak with someone who is knowledgeable in wrongful termination law, because there are so many factors and criteria that must be met in order to prove your case.

5. Q. How soon after I've been fired should I hire an attorney?

A. As soon as possible. Since most states have fairly short statutes of limitation when it comes to wrongful termination, waiting could keep you from getting the compensation you deserve – or even being able to file a suit at all.

6. Q. I recently filed a worker's compensation claim with my employer. Not long after that, I was fired. Could I have a wrongful termination suit?

A. It is possible that you could have a case against your employer for retaliation, which is illegal. Retaliation occurs when you're fired for ‘other reasons,' but in reality, your employer is firing you for something you did – like file a worker's compensation claim.

7. Q. What if I'm fired because my employer simply does not like me?

A. In order for you to have a case against your employer because he or she fired you based on the fact that they did not like you – you would have to prove that the action was discriminatory. For instance, if you had proof that your employer did not like you because you are of a certain race, sexual orientation or gender.

8. Q. If my employer fired me because I reported something that they did which was illegal, do I have a case for wrongful termination?

A. In most cases, yes. It is illegal for your employer to fire you for reporting an illegal activity. This is called whistle blowing and if your employer fires you for this, it is called retaliation – and this is illegal.

9. Q. What is constructive discharge?

A. This happens when you've been working for an employer for a certain amount of time and then that employer institutes changes which makes it too difficult for you to continue working there. If you must quit because of these changes, you may have a wrongful termination case which falls under constructive discharge.

10. Q. I am an employer who is being sued for wrongful termination, although my employee was fired for legal and valid reasons. What steps should I take to protect my company?

A. Find any and all documents which are related to the employee and his or her work performance. This may include write-ups, disciplinary actions, etc. Also, it's essential that you speak to an attorney knowledgeable in wrongful termination law immediately so you can properly protect yourself and your company.

If you feel you have been wrongfully terminated, consult with an employment lawyer to discuss your case and find out your options.
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