Now that you’ve been let go by your employer, you may be asking yourself whether you have grounds for a wrongful termination lawsuit. If you feel as though you were wrongfully terminated, you should consult an employment attorney who can provide legal expertise and determine whether your employer violated state and federal law.
10 Reasons Why You Need a Wrongful Termination Attorney
Provide Legal Expertise
Interpret Complicated Laws
File With the EEOC
File Summary Judgments
They Command Attention
Assess Your Financial Loss
Because Your Employer Has One
First and foremost, a wrongful termination attorney has experience and have worked on cases similar to yours. This expertise means they know the ins and outs of employment law. They can also leverage a network of experts from many fields to help with your case.
For those not familiar with employment laws and terms, they can be confusing and difficult to understand. A wrongful termination attorney can sift through the legalese and explain everything in simple terms while helping to figure out whether you have a case and the best way to pursue it.
During the investigative process, a wrongful termination attorney will review an extensive amount of discovery documents and can determine what’s pertinent and helpful to your case. An attorney can also make it much easier to gather witnesses and can subpoena witnesses to answer important questions regarding your case.
If your employer makes allegations of misconduct against you that are untrue and could potentially damage your reputation, a wrongful termination attorney can file motions to stop them.
A wrongful termination attorney can file a breach of contract, a wrongful discharge lawsuit, and if warranted can move forward with a charge of discrimination before the Equal Employment Opportunity Commission and/or the appropriate state agency. This can be beneficial because the EEOC enforces federal laws such as Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and Age Discrimination in Employment Act, which afford greater remedies for you. Also, the EEOC provides the opportunity for you and your employer to engage in mediation to attempt to reach a voluntary settlement. An employment lawyer will also evaluate your claim to see if there is another agency you should be filing a charge or complaint with, such as OSHA, or the National Labor Relations Board.
A charge can be brought to the EEOC and other agencies without an attorney but having one can make you feel more secure in the legal procedure as you navigate the process. You can bet that the employer will have legal representation and so should you, from the beginning as you frame your allegations.
To help avoid the time and cost related to arguing against unfounded claims against you, a wrongful termination attorney can file a motion for summary judgment. By doing so, a judge can will decide if you have stated a claim and have established liability on the part of the employer as a matter of law and take most, if not all, of the legal disputes off the table and allow the parties to focus on resolution of the dispute or take the matter to a jury for the jury to consider damages.
Right or wrong, when your employer receives a well thought out communication from an attorney, they tend to pay attention. Having an attorney on your side may give your claims a better chance of being seriously by the employer and help you obtain answers to your inquiries more quickly.
A wrongful termination attorney will evaluate your financial losses or damages. These include the pay and benefits you lost, the emotional distress you suffered, and punitive damages, if applicable. You may also be entitled to collect attorney fees if you win your case.
Speaking of which, EEOC violations and state breach of contract termination are types of personally injury, so your wrongful termination attorney could accept them on a contingency fee basis. Meaning, if you and your attorney agree to a contingency arrangement, you won’t have to pay your attorney a fee until and unless you recover damages from your employer.
Don’t be at a disadvantage. Your employer will have an attorney. You should ensure your rights are protected as well.
At Wenzel Fenton Cabassa, P.A., we protect employee rights. It’s important to know the benefits of hiring a wrongful termination attorney. Please access our Wrongful Termination: When Firing Is Illegal guide today or call us to schedule your free consultation.