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What Constitutes Wrongful Termination and How a Lawyer Can Help You

The EEOC filed 110 employment discrimination lawsuits during the 2024 fiscal year, which ended on September 30, 2024. These included 13 systemic discrimination cases, 48 Americans with Disabilities (ADA) cases, and over 40 retaliation cases under various statutes.

Los Angeles wrongful termination lawyer Tessi King states that evidence and legal representation often influence the outcome of wrongful termination cases.

This article will explain how a lawyer contributes to a favorable outcome in wrongful termination cases.

Definition of Wrongful Termination

Wrongful termination occurs when an employee is fired without contractual protections or compensation. This includes being fired for race, gender, age, disability, or other factors prohibited by your state’s employment policies.

Many contract or workplace employment laws prohibit firing an employee without a valid reason. Even “at-will” employment allows employers to fire employees without cause and has exceptions to protect workers from illegal dismissal.

Employers cannot fire an employee who served as a whistleblower against the company. Doing so may constitute wrongful termination. Knowing what wrongful termination means will help you understand your rights. If you believe you were wrongfully fired, gather evidence to support your case. This includes correspondence with your superiors and direct personnel evaluations.

Common Signs of Wrongful Termination

Being fired after reporting unsafe working conditions is a warning sign of wrongful termination. The act can be considered unlawful retaliation. Another example of wrongful termination is when you are abruptly dismissed without being informed of any specific performance issues.

It is considered an illegal dismissal if you are fired despite your excellent performance or replaced by someone with less experience than you. When an employer has historically violated leave laws, especially when someone was fired for staying home too long due to pregnancy, it may indicate discrimination.

Finding out the reason for firing can benefit your case to check if certain policies have been violated. These subtle signs indicate an unjust termination, and it is recommended that you seek legal advice to determine your next steps and clarify what to do.

Legal Protections for Employees

The Civil Rights Act prohibits discrimination based on race, color, religion, sex, or national origin. If a termination is motivated by these reasons, it may be wrongful dismissal.

The Age Discrimination in Employment Act protects workers 40 and older from workplace discrimination. The Americans with Disabilities Act requires employers to make reasonable accommodations to address an employee’s medical restrictions and allow the worker to continue working.

Whistleblower protections apply to employees to encourage them to report unsafe company policies and practices. Lawful family and medical leave protects your job when you care for family health.

Role of a Lawyer in Your Case

Having a skilled lawyer helps you handle an illegal dismissal case. Their legal expertise helps them evaluate your case, determine what claims are valid, and develop legal strategies to improve case outcomes.

Lawyers will organize documents, testimonies, and communications to strengthen your claims. They will explain your rights and weigh your case’s prospects. If necessary, they will negotiate a settlement with your employer on your behalf.

A skilled lawyer can increase your chances of success by representing you at every hearing and effectively presenting your case in court. Wrongful termination lawyers help you avoid missing deadlines that could jeopardize your claim.

Steps to Take After Termination

Be proactive when protecting your rights and interests following a wrongful dismissal. Collect training agreements, performance reviews, and separation correspondence. These documents will support your claim if you decide to seek legal action against your employer.

Review your company’s termination policy. Knowing what company policies your employer violated or upheld during this process can help you understand their options. Don’t hesitate to consult an employment lawyer. An employment lawyer will assist you in your employment lawsuit.

Sudden and wrongful termination can harm your mental and emotional health. Keep in mind that you can seek support from friends, family, or a counselor to protect your overall well-being.

Alice Jacqueline is a creative writer. Alice is the best article author, social media, and content marketing expert. Alice is a writer by day and ready by night. Find her on Twitter and on Facebook!

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