If you have recently been fired, you may qualify for a wrongful termination lawsuit in Florida. A wrongful termination lawyer specializes in employee rights and leads as your advocate to seek justice.
Understandably, you could be wondering how to win a wrongful termination lawsuit. An experienced employment law attorney leverages legal expertise, skill, and strategy to fight hard for employee rights and hold employers who violate the law accountable for their actions. They understand the complexities and challenges of how to win a wrongful termination lawsuit. However, when employees are fired, certain situations could be considered illegal by their employer and qualify for a wrongful termination lawsuit.
What Qualifies for a Wrongful Termination Lawsuit?
Even if you feel that your firing was unfair, that does not mean you have a case. But it is not uncommon for employers to violate state and federal anti-discrimination laws. Here are examples of specific situations that may qualify for a wrongful termination lawsuit:
- Fired for fighting for unpaid wages or unpaid overtime
- Fired after being subject to and/or reporting sexual harassment
- Fired after you legally took time off under FMLA to have a baby or care for a relative with a serious illness or injury
- Fired after filing a workers compensation claim
- Fired after whistleblowing about illegal business practices or unsafe working conditions
Violating state and federal anti-discrimination laws is taken very seriously and comes with harsh consequences for employers. There are certain steps that employees can take when they are thinking about how to win a wrongful termination lawsuit.
What You Can Do to Help Prove Your Case
Your wrongful termination lawyer will take the lead, thoroughly reviewing the details of the situation to determine the strategy to make a strong case. But there are also actions that you can take as well. Documentation is important and can play a central role in helping to prove your case. There are multiple types of documentation that an attorney may utilize to strengthen a wrongful termination lawsuit. These include:
- Human resource documents such as employee handbooks and related materials regarding company policies
- Paystubs, timesheets, and schedules
- Employee reviews
- Contracts and employment agreements
- Documentation of discrimination including dates/persons involved or witnesses, details of actions and conversations/language, locations, and any other relevant information
- Relevant media such as photographs, videos, or audio recordings of unsafe workplaces, alleged discriminatory behavior, offensive language, and other behaviors relevant to your case
- Family and Medical Leave Act (FMLA) documentation
- Texts or voicemails that contain harassing, offensive, or discriminatory images or language
- Relevant emails, memos, or other letters
These varying types of documentation can be powerful in proving motive in the firing. Employers will typically deny that particular behaviors or actions such as inappropriate sexual advances occurred. Still, if you have documentation that assists in substantiating your claim, you can refute their denial.
Even if you do not think you have much documentation, you should still consult with a wrongful termination lawyer. You may have more than you think to resolve a case and get a settlement.
What Factors are Considered When Calculating Settlements?
When a wrongful termination lawyer is at the stage of negotiating a settlement, multiple factors can be taken under consideration for the calculation to get a fair resolution for their clients. Each situation is different, but under employment law, here are typical factors that are considered:
- The reason for the wrongful termination
- Lost earnings
- Lost benefits
- Emotional distress
- Job search costs
- Medical expenses
- Punitive damages
- Attorney fees
Having a wrongful termination lawyer on your side is key to getting the best outcome. Employers have their own lawyers, and employees have the right to their own attorney to stand up to aggressive lawyers and fight for a fair settlement.
Wenzel Fenton Cabassa, P.A. – Wrongful Termination Lawyers
At Wenzel Fenton Cabassa, P.A., our dedicated team is highly skilled and experienced in employment law. We know how to win a wrongful termination lawsuit and are strong advocates for our clients every step of the way. We listen, strategize, and fight for the rights of employees across the state of Florida.
If you believe you have a wrongful termination case, contact us today to schedule a free, confidential consultation. We have helped thousands of employees get the justice they deserve.
Wenzel Fenton Cabassa, P.A. is a contingency law firm. We are paid only if we obtain compensation for you. “No Fee Unless We Win”
Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.