29 Jul Fired Unfairly? Here’s How to Get Help
Trying to figure out whether or not you have been unfairly fired? In this article, we will attempt to do just that–keep reading to learn whether or not you’ve been fired unfairly and what recourse might be available to you.
Proving Wrongful Termination
Because most employees are categorized as at-will employment, this means that they can quit at any time. Unfortunately, on the flip side, this means that they can be fired at any time, without notice, and without cause.
However, even an at-will employee cannot be fired for an illegal reason. For instance, an employee cannot be fired for whistleblowing or refusing to violate workplace safety laws.
If you have been wrongfully terminated, you might need the help of an employment attorney. However, first, you need to gather proof that you experienced wrongful termination. There is a myriad of ways to go about this, but here are some of the most common ways to gather evidence.
If you have a written agreement or statement promising job security, you might have an argument proving that your employment is not at-will at all. For example, you could have a contract that says you can only be fired for the specific reasons outlined in the document.
If you don’t have a contract, perhaps you have an offer letter. If your offer letter promises continued employment, you might be able to enforce such a promise in court. To determine whether you are employed at-will or not, you should speak with a qualified employment attorney.
Good Faith and Fair Dealing Breach
If an employer acted unfairly toward you, you can claim a breach of fair dealing or good faith. In some cases, a court will find an employer in breach because they:
- Fired employees to prevent from paying out commissions
- Misled employees regarding wage increases or promotions
- Fired an employee to replace them with someone who would do the same job, at a lower rate of pay
- Transferred the employee to a less desirable or safe assignment to coerce into quitting without severance pay
- Pedaled negative aspects of a job
Some courts cannot recognize fair dealing and good faith beaches for at-will employees. Furthermore, some states require a valid contract to exist before an employee can make a claim under this category.
An agreement based on employers’ words or actions is another form of at-will employment. Because of this, it can be difficult to prove the need for continued employment, because an employer may have been careful about what they agreed to verbally.
Nonetheless, an implied contract could be found. Factors that could be indicative of an implied contract include:
- Employment duration
- Positive performance reviews
- Job promotions
- Continued employment assurances
- Employment practice violations
- Long-term employment promises
What To Do If You Have Been Unfairly Fired
As mentioned prior, the best course of action for those who believe they have been unfairly fired is to retain a reliable employment attorney. Word of mouth can be great for finding a reliable lawyer. Even if your friends don’t know an employment lawyer, they might know another lawyer who can provide a recommendation.
Outside of their experience in employment law, there are certain qualities that can make a lawyer more pleasant to work with and instill trust that they will handle your case with efficiency and grace. You might ask yourself:
- Has the attorney responded to my calls in a timely fashion?
- Were the bills this attorney sent me properly itemized and reasonably close to the initial estimate provided?
- Has the lawyer taken the time to listen and understand the case at hand?
- Has the lawyer chosen to handle the case himself or allow a colleague to do the majority of the heavy lifting?
Each state has a bar association, which is a governing body for licensing, monitoring, and disciplining the lawyers of the state in which they work. Most associations operate in a referral fashion, where users can pay a small consultation fee to be referred to the best lawyer for their case. In other cities, such services may be run through the nonprofit arm of the bar association. In such a case, the services would be free of charge.
Depending on your location and income level, you may be eligible to receive free legal advice from a clinic. Like many other professional services, legal clinics offer a way for new layers, or aspiring lawyers, to gain valuable real-world experience while you get discounted services. Don’t worry–they’ll be supervised by experienced, licensed attorneys!
Your Employment Lawsuit
Now that you know what to do in the event that you are fired unfairly, you are well on your way to getting the justice that you deserve. If you don’t want to go through the intense process of weeding through referrals, you can skip the headache and trust your case to us.
We are a law group that was founded with the goal of providing the same high-quality legal services provided at larger firms, with a more cost-effective, boutique feel that respects our clients’ unique needs.
If this sounds like what you are looking for in a firm, give us a shot! Get in touch with us today!