Wrongful Termination

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When You're Fired for the Wrong Reasons

Wrongful Termination Lawyer

Getting a wrongful termination lawyer after losing a job can be your way to get compensation after your job loss. Although losing a job can be a terrible experience, it may not be a wrongful termination. Most states operate on At-Will employment. This means that a job can fire you for any reason or no reason at all. For example, a business could fire someone for wearing the wrong shoes to work that day. However, that doesn’t mean that there isn’t any exceptions to that rule. 

There are a few ways that a firing becomes a wrongful termination. First, when an employer specifies that you are being fired because you’re part of a protected class. This could be because of race, gender, disabilities, and depending on your state (and sometimes city), your sexuality or gender identity. The LGBT communities rights vary a lot on state and city. See our guide to LGBT rights here.

Second, there are contracts that could have been broken with a wrongful termination. For instance, when your contract guarantees you work for a certain period of time, they could be fined for violating that contract. Third, you may have been fired for speaking out about something at work. This can happen when you tell a superior about a hostile work environment or speak out about sexual harassment. Fourth, you could have a wrongful termination case if you are terminated for taking a benefit offered to you from the company. For example, taking workers compensation, FMLA, or maternity/paternity leave.

 

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Talking to a Lawyer

So what do you do when you’ve been wrongful terminated from your position. There are not a lot of good ways to handle a case like this on your own but you could hire a lawyer. Thankfully, most lawyers offer free compensation. If you’re not sure if you were wrongfully fired, a wrongful termination lawyer can help you figure this out and won’t take your case unless they are reasonable sure you’ll win.

How to Prove Wrongful Termination

All states are what is considered At-Will. However, there are many different types of excepts to this rule that each state applies. Every state is a little different on what they consider an illegal way to fire an employee. For example, in Ohio you may not have the same excepts as a state like California. However, discrimination and harassment is illegal in all 50 states.

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A wrongful termination happens when a worker is fired because of a protected status such as disability, race, gender, sexual orientation, or gender identity. It can also apply to breaches of contract, denying employees benefits, or even speaking out about work environments.

Wrongful termination can be hard to prove because of At-Will employment in most states. However, keeping detailed documentation can help you change the tide.

If you can collect enough evidence of your wrongful termination that you can work with a wrongful termination lawyer to sue your employer.

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