When Can You File a Wrongful Termination Case?
Losing your job is terrifying. Having your livelihood yanked out from under you can leave your entire life in disarray, and you might have many questions. The first you should consider is if you were wrongfully terminated.
In general, most states consider employment relationships to be “at will.” This means that the employee and employer both have a right to terminate their working relationship at any time they please for any reason or no reason whatsoever. Because of this legal doctrine, there are only a handful of circumstances in which a former employee can win a wrongful termination case against their employer. These conditions are when the employer’s termination violated the legal rights of the employee.
The biggest cases in which a wrongful termination case can be built are the following:
- The employer’s firing can be considered discrimination against a protected class, such as race, gender, sexual orientation, or pregnancy.
- The employer fired the employee in retaliation for reporting unlawful activities in the company, i.e., whistleblowing.
- The employer is terminating the employee to avoid having to deliver on earned benefits.
- The employer is in breach of contract by terminating the employee.
This is in no way a complete list, but if your termination falls under any of these categories, you may have a substantial wrongful termination case on your hands.
A successful wrongful termination case will be able to recover your job as well as compensation for the time that you spent out of work. In some situations, the court may even award compensation from emotional distress or punitive damages which punish the employee.
Once you have been fired, or even if you suspect you may be fired or laid off, it is important to seek the guidance of a skilled professional such as the Personal Injury Attorney Atlanta GA locals trust, in your area. An attorney with experience in employment law will be able to look at the factors of your termination and determine if you have a case.
If they are convinced that you do, your attorney will also be able to set out the best path for you. Employment law is very complex and is filled with variations between the states. Only an attorney will be able to fully break down how your state’s laws interact with federal employment laws. Without a lawyer at your side, you can quickly find yourself bogged down in the legal process and grasping for straws, all the while wasting money and accomplishing nothing.
If you have a question about wrongful termination in Arizona, please call to speak to one of our experienced Scottsdale wrongful termination and Phoenix Arizona attorneys at (480)305-8300.
A special thank you to our partners at Andrew R. Lynch P.C. for their extensive insight into Employment law and Personal Injury.