All-In-One Guide to Win Wrongful Termination Lawsuit In 2024
If you were fired from the job without fault, you have the right to sue your employer by filing a wrongful termination lawsuit. Wrongful termination is an unlawful termination or wrongful discharge used in employment law. It refers to a situation where an employee is fired by their employer for reasons that are either unjustified, illegal, or contrary to public policy.
Examples of wrongful termination
Generally, there are three types of wrongful termination:
If you have signed an employment agreement, you and your employer need to abide by the terms of that agreement. A breach by the employer of the terms of the agreement that consequently leads to your termination can make the employer liable for wrongful termination.
If the employer created a situation that forces the employee to resign, the employee could file a wrongful dismissal claim against the employer.
If you were fired because of your age, race, sex, nationality, or such discriminatory grounds, you should file a wrongful termination claim. For instance, an employer cannot discriminate and terminate an employee if they have HIV.
If you have been fired due to a workplace dispute, personal grudge, or refusal to act on illicit orders of the employee, etc., you should contact wrongful termination lawyers in Philadelphia right away. For example, an employer cannot fire you due to a personal discord between you and your employer.
Grounds for wrongful termination in PA
- Filing worker’s compensation or wrongful termination lawsuit claim.
- Taking time off to perform a civic duty, such as voting or serving on a jury.
- As retaliation for an employee’s refusal to participate in immoral or illegal behavior at work.
- For reasons that constitute discrimination based on age, race, gender, sexual orientation, religion, or national origin.
wrongful termination lawsuit. A wrongful termination case may also involve other claims, such as breach of an employment contract if the termination violates the terms of an employment contract, where the contract is expressed or implied. Hiring a skilled and experienced attorney will help you get fair wrongful termination lawsuit settlements without much hassle.
Compensation for wrongful termination lawsuit
The compensation for wrongful termination usually involves some form of a monetary award, also called damages. Additionally, the amount that a wrongful termination employee may recover from their employer will largely depend on the facts and circumstances of each case and the law of the particular state where the suit is filed.
Generally, the losses that can be compensated or recovered under a wrongful dismissal claim include:
- Lost wages or salary.
- Front pay compensates the fired worker for lost wages from the time of their trial into the future. Front pay is granted if the worker has not been able to find a new job by the time their trial takes place. In addition, a claim for damages for front pay may be appropriate if the worker’s new job pays less than the previous position.
- Pain and suffering refer to the mental or psychological aspect of injury.
- Occasionally, if an employer’s conduct is especially egregious, punitive damages might be awarded.
- The value of lost benefits (Note: proving the monetary value of benefits may require the use of an expert witness).
- Possible court costs or attorneys’ fees, although most lawyers will represent a fired employee on a contingency fee basis. In these cases, recovery of attorney’s fees would not be appropriate.
- Any other provable economic losses related to the firing.
Nevertheless, it is easy to forget what was precisely said and done by the parties long after the termination, especially if the person was surprised by the firing. This is why a person who has been fired should keep notes of all the conversations relating to the event and the events themselves.
Other rewards the court may offer
In addition, a court may decide to award other remedies, such as the reinstatement of the fired employee to the job or position from which they were fired.
However, note that federal law places a limit or cap on the compensatory damages an employee can receive for cases based on discrimination. It includes the total for compensatory damages (out-of-pocket costs and pain and suffering combined) and punitive damages. The wrongful discharge settlement depends on the size of the employer, and damages are limited to the following:
- Employers with more than 500 employees: $300,000.
- Employers with 201 to 500 employees: $200,000.
- Employers with 101 to 200 employees: $100,000.
- Employers with 15 to 100 employees: $50,000.
Steps to file wrongful termination lawsuit
If you believe that your termination was against the law or public policy, then follow these steps to assert your rights to fair compensation or even reinstatement:
A termination notice is a document that clearly outlines the exact reason you were fired. You can then compare the reason you feel you were terminated to the actual reason you were given.
If you send a written or verbal notice to your employer, they are required by law to give you a copy of your personnel records.
A work diary is an excellent way to keep track of all incidents where you were retaliated against, discriminated against, or treated adversely. Your work diary should include the date, parties involved, and a clear description of everything that happened that day.
Employment laws are complex, convoluted, and confusing. Consequently, this is where you need a qualified wrongful termination attorney. An experienced lawyer can help you determine whether your termination was unlawful.
Hire an experienced lawyer before filing a wrongful termination lawsuit
As mentioned, a wrongful termination lawsuit involves various legal issues, including a possible breach of contract. Therefore, it becomes crucial to understand the federal, state, or local laws that apply to your case. Furthermore, a procedure before the Equal Employment Opportunity Commission (EEOC) may be required in some cases
So, if you want to file a wrongful termination lawsuit claim, you should always consult an experienced wrongful termination lawyer for professional guidance. Experienced wrongful termination lawyers will determine whether you have a lawsuit that is likely to succeed and can discuss the potential outcomes of your case. They will also provide legal advice about the relevant laws and procedures and will help you file your lawsuit. Lastly, they will also represent you in court, if required.
Why choose Ethen Ostroff Law?
To help establish and prove your wrongful termination lawsuit, you need the support and assistance of a qualified lawyer.
At Ethen Ostroff Law, we believe that every case is unique and important. This is why we dedicate our time and efforts to reviewing the facts of your case and finding all the legal ways you can get a fair settlement. We will also refer you to our network of wrongful termination lawyers in Philadelphia who are determined to help you right from day one.