Suing For Wrongful Termination – Employment lawyer
Suing For Wrongful Termination
There are many situations in which an employee is wrongfully terminated from his employment, and it can be very painful to learn that you are going to be a victim of this type of injustice. In fact, the emotional trauma can be so great that sometimes even the decision of whether you should file a lawsuit or not can be contemplated agonizing. You will probably ask yourself, “Is it worth it? Will it really make a difference?” Hopefully you’ll soon find out.
A properly devised lawsuit plan is designed to ensure that those employees who are wrongfully terminated from their jobs, and which were entitled to such an entitlement, are properly compensated. Under the current law, there is actually a very limited time allowed in which an employee can bring a wrongful termination claim against his employer. This time restriction is part of a piece of legislation called the Fair Labor Standards Act. This act was enacted to protect all employees within the private sector, including those who work for publicly held companies.
One provision of this act states that an employee can bring a claim for up to two years after the date of termination of his employment. This means that even if you were forced out of the job and have not yet found another position to which you can apply, you may be able to claim unfair treatment in the workplace. To make things more complicated, it is important to note that the Act does not apply to dismiss an employee’s claims based on a previous complaint. That’s why if you were being harassed in the past, you may wish to turn over your complaints to your former employer. You may also wish to retain an employment lawyer who can guide you through the often complex process of making a successful claim.
Suing For Wrongful Termination – Employment lawyer
Another good reason for retaining an attorney when suing for wrongful termination is the need to receive pay stubs. These documents will show what you have been paid (or owe in various cases), and will prove that you have indeed been lawfully terminated from your job. Unfortunately, these records are not available to the general public when employers illegally fire employees. Therefore, if you need to gather them as proof of your case, or as a way of getting compensation for being illegally dismissed, you will likely have to hire an attorney. This will mean that you are unable to consult the pay stubs yourself, which can be an unnecessary delay.
Last but not least, you should consider consulting with an employment lawyer if you believe you have been unfairly terminated for something other than a lawful reason. For example, if you have been unfairly accused of discrimination, then you may wish to bring a claim based on this accusation. However, if your firing was due to your performance reviews, then you may be able to pursue a case based on the fact that you were terminated because of the unfair remarks about you made during a performance review. In both instances, hiring an attorney can ensure that your rights are protected and that you obtain the outcome you deserve.
Hopefully, this article has helped you understand some of the ways that you can go about filing a lawsuit if you have been subjected to unlawful discrimination or harassment at work. While these facts do vary depending on your particular state and the specific elements of the different types of employment laws, most states allow you to sue for wrongful termination in one of two legal venues: federal court and state court. The decision as to where you can file will ultimately depend on the particular facts of your situation and your particular state. It is important that you consult with an employment attorney before beginning any lawsuit and ask questions about your state’s anti-discrimination laws. Only after consulting with an attorney should you begin pursuing a lawsuit. An attorney will help you determine whether there are other avenues of recourse for your situation and will explain your options to you.