Wrongful Termination
If you have been fired without a good reason or in violation of federal or state law
(e.g., discrimination), this could be a wrongful discharge and you can challenge your firing.
However, before you take action, run your complaint by an attorney for advice because it
is likely to be time consuming and costly, and the laws regulating firings vary from state-to-state.
But if you succeed, employers can be made to pay back wages, fines, and possible punitive damages or
you can be returned to your job.
The odds of successfully winning a wrongful discharge claim if you are an "at-will" employee are
slim because your boss has the right to fire you for any or no reason at any time so as long as all
protections afforded by state and federal law have been followed. Where no wrong has been
committed, "at-will" employees have no remedy for employment termination.
On the other hand, firing a "for-cause" employee without a legitimate reason can be
challenged on several fronts:
- A union employee covered under collective bargaining agreements can file a
grievance for review of the facts and circumstances if s/he believes the termination was wrong.
- A government employee may have a property interest in his/her job which cannot be
taken away without sufficient cause as determined by a court of law.
- Non-government employee may file a lawsuit to have his/her employment termination
found to be wrongful. If sufficient cause is established, the inquiry into the employment termination will be closed and the termination completed. However, wrongful termination can result in an employer being held responsible for back wages with interest, reinstatement of employment, and often for punitive damages assessed as a deterrent to other employers.
If you or a loved one is in need of legal assistance, call Gonzalez, Porcher, Albear & Garcia Toll Free at (800) 352-HURT or submit
an online questionnaire. The initial consultation is free of charge, and
if we agree to handle your case, we will work on a contingency fee basis, which
means we get paid for our services only if there is a monetary recovery of funds.
In many cases, a lawsuit must be filed before an applicable expiration date,
known as a statute of limitations. Please call right away to ensure that you
do not waive your right to possible compensation.
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