If you were recently terminated from your job, then you may be wondering whether your employer has acted within their rights. The law provides both the employee and the employer with a plethora of rights that can be enforced. An employer can simply fire an employee without a reason and if an employee is illegally fired, then they may seek legal action against their employers.
However, before you even decide to make a claim, it is crucial that you understand what exactly the law considers as wrongful termination. Since employees are employed at will, this means that an employer can fire them for any reason that is not discriminatory in nature. Your employer can fire you even for the most trivial reason and can do so without prior warning. This means that your employer is well within their rights to fire you without any notice and can also refuse to provide a reason for the dismissal.
Furthermore, most companies will aptly categorize a dismissal as a lay off in order to avoid breaking the law. In a nutshell, you can usually only seek legal action against your employer for wrongful termination, if the reason provided is discriminatory in nature. Each state has its own set of rules and regulations that define the term discriminatory in legal terms. However, on a federal level, there are certain examples of wrongful termination. Some of these examples are:
- Genetic information
- National origin
If an employee is fired due to any of the reasons mentioned above, then they may seek legal action immediately. It is imperative that you obtain the help of a seasoned professional, such as Mark Vomacka Larson, because your employer will already have an entire legal team, usually provided by their insurance, ready to handle the issue. Mark Larson had started working in the legal industry from the age of seventeen and he currently specializes in Labor and employment cases. Even with a professional at your side, there are still many factors which you should take into perspective. Some of the questions you should ask yourself are:
Do You Really Feel That Your Termination Was For Discriminatory Reasons?
As mentioned before, you can usually only make a claim if the reason for the termination was discriminatory in nature. So you should really sit down and analyze the reason provided by your employer. If you feel that it might not be discriminatory, then it is probable that a judge and jury might also share your view.
Are You Ready To Invest Time And Money Into The Case?
If you have recently been fired, then you will understand how precious time really is. You should ask yourself, whether you want to dedicate the next few years of your life, helping your attorney litigate these issues in court. When considering litigation, also consider that you might be preventing this employer from repeating their actions towards somebody else. Not only is the monetary aspect a reason for pursuing litigation, but the preventative and protective reasons are important as well. However, cases take a substantial amount of time and money, so it is important to balance all the pros and cons.
Furthermore, it is imperative that you seek the help of a professional when fighting a battle in court. Not only does this increase your chances of winning the case, but it also helps you get the highest benefit.