Wrongful Termination Claims

Wrongful Termination Claims

Your wrongful termination lawsuit

You were recently fired from your job, and you have suspicions that you are the victim of wrongful termination. But how can you be sure? And what are you entitled to if your claim against an employer is successful?

The following information may assist you in pursuing and negotiating a wrongful termination lawsuit.

What is wrongful termination?

Not every instance of firing is against the law. A frequent question heard by lawyers is can I sue my employer over my dismissal?

Maybe. There are many instances in which an employer can legitimately fire a worker, but doing so for the following reasons is illegal:

Because you are over a certain age (past 40)
.  Because of your gender
.  Because you are pregnant. If this is the case, you can talk to a pregnancy discrimination attorney to guide you on the legal steps you can take against your employer.
Because you are of a particular race, ethnicity, or national origin
Because you actively practice or proclaim your religion, even though it does not interfere with your job duties
Because you have a disability-one that does not interfere with your job function, or that requires reasonable accommodations for job function
As retaliation for filing a claim or complaint against your employer

Additionally, you are protected against firing if:

You are part of a collective bargaining unit and your contract prohibits dismissal for the reason given by your employer
You have another type of contract that prohibits dismissal for the reason given by your employer

To what am I entitled?

It is always best to approach your lawyer for advice when you are trying to determine what type of specific compensation you can seek. However, there are some general guidelines when it comes to damages sought. You may be entitled to a reinstatement of your position, or a position that you were unfairly denied. You may be eligible to receive severance, back pay, or unemployment compensation. Finally, you may be able to collect monies for costs incurred due to your wrongful termination and even punitive damages.

Employment Law