Did your boss terminate your employment without a valid or lawful reason? If this is the case, then may be eligible for a wrongful termination claim against them. But, taking a wrongful termination act can be hard, especially if you choose to go through the process by yourself. That is why it is best to consult with an experienced Lambertville employment lawyer before you make any decision. Keep reading to know more about wrongful termination and know how your lawyer can help you:
Is Your Employment At-Will?
Employment at will means your boss can fire you at any time without any reason. Also, it means you can quit whenever you want. However, there are limits your employers must keep in mind. For instance, they cannot fire you for discriminatory reasons. Your attorney can determine whether or not your termination is legal.
Determining the Legality of your Termination
Terminating any employee for any reason that breaks an employment contract or breaks the law is not legal. When analyzing a wrongful termination case, your lawyer will look into some facts and seek information that can prove that your termination was not illegal. They will consider the following:
- The contract you signed when you were hired. When you signed an employment contract, your employer must have included provisions that state how you can be fired. If the contract states specific reasons for which you can be fired, your employer can only fire you based on these reasons.
- How your employer treated you at work. If you have been fired because of performance issues, your lawyer will determine whether other employees were fired for the same reason. If not, they will collect evidence that suggests your boss treated you another way based on a legally protected status like race, gender, age, sexual orientation, or disability.
- The disciplinary policies your company has in place. Corporate disciplinary policies usually include employment termination. You and your attorney can determine if your employer failed to follow one of these policies. If so, this can be a breach of an implied contract.
- The possibility of workplace retaliation. Your attorney will determine if you have been fired by your boss as retaliation against you for reporting an illegal workplace activity. Retaliation is prohibited by law.
- Available Evidence. When assessing your case, your lawyer will review any employer documentation available. Typically, this includes your all legal papers that can provide information on why you were fired.