Employers have the responsibility to act appropriately in the workplace, just like their employees. Wrongful termination includes a lot of different actions, and the law protects employees from becoming victims of abusive power. Things such as discrimination, refusing to commit a crime for your employer, and whistleblowing are all instances where an employee may have been fired as an act of retaliation. When this happens, they should bring forth a wrongful termination lawsuit against their former employer.
Although employees may clearly perceive the illegal intentions of their employers to wrongfully terminate out of vengeance, it can be difficult to prove in court. Wrongful termination is a difficult claim to prove, and the court battle can be incredibly complex. Because these cases can be complicated, even for the counsels and the court, sometime myths arise about when it is wise to bring forth an employment lawsuit and when it is best to let it go.
Myth: You Can Only Sue If You Were Discriminated Against
Wrongful termination is about more than just discrimination, and the law includes the employer’s unlawful conduct in several different areas. If the violation involved public policy claims, the lawsuit can be based on the victim’s rights because the employer abused them. Many claims for wrongful termination involve retaliatory acts, which do not include discriminatory actions. For example, individuals who were fired after participating in a government investigation, calling attention to illegal acts the company was committing, or violating collective bargaining agreements may bring forth a wrongful termination lawsuit against their former employer.
Myth: Independent Contractors Cannot Bring Forth a Wrongful Termination Lawsuit
Some employers offer their employees at-will status, similar to independent contractors. While truly independent contractors are more limited with wrongful termination lawsuits than these classified employees, the law still protects them from malicious acts of termination. At-will employees may have the same types of protection as hourly or salaried employees.
Myth: If You Quit, You Forfeit Your Rights to Seek Damages
Employees who are forced to quit because of a hostile work environment can still bring forth wrongful termination lawsuits. Other instances that may force an employee to quit through constructive discharge may be dangerous or intolerable employer practices. If the employer asked or forced to resign, to save face or in disgrace, they still have the right to seek damages for the employer’s wrongful reasoning.
Myth: You Will Never Be Able to Prove Wrongful Termination
Many people doubt that their attorneys can do anything about their wrongful termination because they themselves are unsure how to move forward. An experienced and knowledgeable attorney will be able to assist you every step of the way, and they will have the ability to assist you with proving your claim. The best thing you can do is get into contact with a qualified law firm that specializes in wrongful termination and share the details surrounding your termination. They will be able to guide you towards making the best decision that is in your best interest.Read More