Being fired from a job is an incredibly stressful experience for anyone.For those terminated from their jobs wrongfully, figuring out the next steps can be particularly overwhelming.
This is why knowing about legal professionals and how they establish wrongful termination is essential. Often, these experts will create a compelling case based on five elements: breach of contract, discrimination, retaliation, violation of good faith and fair dealing, or infringement of public policy. Read on to learn why lawyers are such an important asset after a wrongful termination.
● Violation of Contract
The first step in proving wrongful termination is to look at the employment contract terms. An employment contract usually describes the rights and responsibilities of the employer and the employee. If an employer has terminated an employee violating these terms, this could be evidence of wrongful termination. Lawyers carefully examine employment contracts to identify any breaches that may have led to the unjust dismissal of an employee.
● Discrimination: A Workplace Menace
Discrimination is an important factor in cases of wrongful termination. In the workplace, protections are in place to prevent employees from being fired based on attributes like their race, gender, religion, nationality, age, or disability. If an employee is let go for any of these reasons, it could be considered a wrongful termination due to discrimination. Legal professionals collect different forms of evidence, including emails, testimonies from witnesses, and any behavioral patterns that indicate discrimination to prove these claims.
● Retaliation: An Unfortunately Common Theme
Retaliation is when an employer punishes one or several employees for participating in law-protected activities. These could include reporting sexual harassment, disclosing criminal behavior, or speaking out about unsafe working conditions. If an employee is fired for exercising these legal rights, it might be a case of wrongful retaliation. To show the employer’s attempts to retaliate against an employee, legal professionals use evidence like the timing of the termination and the context of the employee’s actions.
● Denial of Good Faith and Fair Dealing
Unfortunately, sometimes employers try to manipulate the termination process to shirk their responsibilities. For example, if an employer terminates an employee right before earning a significant commission, it could be argued that this is a violation of good faith and fair dealing. Legal professionals carefully handle these types of cases to strengthen the argument for wrongful termination.
● Breaching Public Policy
Finally, if a termination breaches public policy, it could also be classified as wrongful. This might happen in cases where an employee is let go for engaging in activities protected by law, such as taking leave to vote or fulfill jury duty. To prove these kinds of claims, legal professionals would need to pinpoint specific laws or legal precedents that were violated, providing evidence that the termination contradicts recognized public policy.
Conclusion: Contact An Attorney if You Believe You’ve Been Wrongly Terminated
Proving wrongful termination can be a complex process requiring a deep understanding of employment law and meticulous attention to detail. Lawyers leverage their expertise to gather evidence and build a strong case based on violation of contract, discrimination, retaliation, breach of good faith and fair dealing, and violation of public policy. It is essential for employees to understand these points to protect their rights and seek justice if they believe they have been wrongfully terminated.
