A wrongful termination claim can be brought against your former employer, even if you were fired "for a cause." A wrongful termination action can be challenging and can involve complicated legal proceedings, so you might want to consult with an attorney for your legal issue. Here we discuss wrongful terminations and how a lawyer can assist you.
The best wrongful termination lawyer near you will provide legal advice and advocate on your behalf during a wrongful termination lawsuit. They are employment law experts that handle wrongful termination cases by gathering the evidence and presenting your case in court. With an attorney's help, the chances of winning your wrongful termination cases are more than double. In contrast, fewer than one-third (30%) of clients who pursued claims on their own received a settlement or award.
Wrongful Termination law lawyers near you also impacted the amount clients received. On average, clients received $48,800 in settlements or awards, compared to $19,200 for unrepresented plaintiffs.
In light of how wrongful termination attorneys work, both of these survey results make sense. Upon accepting their representation, they can help you assemble strong evidence. They are skilled at negotiating with employers, and they know all of the legal and administrative hoops you need to jump through. A lawyer will also encourage employers to take your claim seriously and make you a higher settlement offer.
It might be a good idea to consult with an employment lawyer in your area if the circumstances of your termination suggest that it was illegal. You may be able to bring a lawsuit if you hire a legal professional to review the facts. Depending on what you want to do (if anything), a lawyer can assist you. Consider, for example, negotiating a severance package, requesting a settlement, or filing administrative charges or a lawsuit against the employer. You may decide, however, that it is better just to move on. A lawyer can let you know exactly how strong your claims are and what options you have.
When asked to sign a waiver or release of claims, where you give up the right to sue the employer, it's particularly important to consult with a lawyer. As a condition of receiving severance (or getting a better severance package), many employers require employees to sign these types of agreements. It's difficult to undo a release once you sign it -- even if you later find out that you have valuable legal claims against the company. It's important to understand what claims you're giving up and how much they might be worth before you sign.
You should seek legal assistance in some of the following situations that are not lawful in all states:
Depending on which situation you are in, your firing may go against federal laws. A lawyer can help you sort out the facts, sort out your claims, and decide how to proceed.
The factors listed here should be considered at least if you're looking to hire law firms:
Experience and expertise: does your prospective lawyer have experience in wrongful dismissal litigation? Ask about how many cases they have been successful with and how long they have been practicing this area of law.
Reputation: Ask for referrals and about how successful their past clients have been with their cases. Be sure to ask if they are a trial lawyer - you’d be shocked to learn how many lawyers haven’t actually gone to trial.
Fees: Ask about fees, whether they are upfront or on a contingency basis. It’s important for the lawyer to be transparent so there are no surprises later.
Trust your gut: An attorney who sincerely wishes to help you out of a difficult situation with your employer will be happy to do so. As consummate professionals, they should be willing to discuss their experience and fee schedule with prospective clients. They must do so without getting defensive.
Someone who avoids answering your questions may be hiding their inexperience. The person may not be the right fit for your business if they take offense to your questions.
Lawyers who specialize in wrongful termination can be found in several ways. Legal aid clinics and state bar associations can also refer you to people for interviews. Internet referral websites to find the right lawyer can be extremely helpful
You should exercise caution. There is no guarantee that an attorney you find through one of these sources will be ethical or reputable.
Word of mouth, in person, or through social media, is the best way to find wrongful termination lawyers to interview. Make sure you ask questions before you hire a lawyer.
Your wrongful termination lawsuit may be handled on a contingency basis if your lawyer believes you have a strong case. In the event of a loss, you won't owe any legal fees, but in the event of a win, the lawyer will take between 30-40 percent of any money received. Many wrongful termination lawsuits are billed on a partial contingency basis, where the plaintiff agrees to pay an amount regardless of whether the case is successful.
Only a few situations qualify as wrongful termination, and most cases are settled out of court. According to the Council on Education in Management, juries award an average of $1.8 million in wrongful termination lawsuits that go to trial.
Alternatively, an attorney may charge $100-$500 or more per hour for handling a wrongful termination case. There is a high probability that you do not have a strong case (or that there is not enough money involved to justify the time and expense involved) if you cannot find an attorney to handle your wrongful termination suit on a contingency or partial contingency basis.
Legal Aid or other organizations may be able to assist you if you can't afford an attorney. Each state's bar association has a list of legal resources. If you wish to pursue a wrongful termination claim, you can contact your state's labor department.
Generally, an experienced lawyer for Wrongful Termination near you will discuss the fees that they may charge during an initial consultation in order to represent you during a legal dispute. Wrongful Termination attorneys near you may charge hourly fees, flat fees, or contingency fees. A fee arrangement with an attorney should be discussed during the consultation, especially if the fee will play a large role in whether or not you hire the attorney. Prior to your consultation, you should ask whether the consultation itself will be free; initial consultations are usually free.
In order to prove wrongful termination, the fired worker must show that the employer's stated reasons for termination were false and that the termination was illegal. A violation of public policy, retaliation, discrimination, or breach of contract are illegal reasons.
Unlike wrongful termination settlements, which average around $40k, wrongful termination court verdicts average around $45,000 (but keep in mind that attorney fees can skyrocket in a wrongful termination trial).
Wrongful termination refers to the act of being terminated illegally. A breach of contract, discrimination, harassment, or retaliation are examples of that. A manager making you quit is also illegal termination. For instance, if your office job suddenly requires you to perform duties that are not related to your job description, such as cleaning washrooms, when you are employed as a salesperson.