By Jessica Gillespie. If you believe you were fired for an illegal reason, you're probably wondering whether it's worth it to file a claim or lawsuit for wrongful termination.
No doubt, you have a lot of other questions as well. What are your chances of getting compensated for your losses or " damages "? Can you tilt the odds in your favor? Do you need a lawyer?
How much would that cost? To get some real-world answers to those and other questions, we recently surveyed readers around the U. Here's what they told us about their experiences. Two points might help explain these results:. Our survey showed that several other factors made a big difference in readers' chances of receiving a settlement or award, as well as the amount of compensation more on that below. Having the help of an attorney more than doubled our readers' chances of getting a successful outcome in their wrongful termination claims.
Attorneys also made a difference in the amount readers received. Both of these survey results make sense when you consider how wrongful termination attorneys work. Once they agree to represent you, they can help you put together strong evidence.
They know all of the legal and administrative hoops you have to go through, and they're skilled at negotiating with employers. Also, when an attorney is involved, employers are more likely to take your claim seriously and make a higher settlement offer. There may be a written promise that says that you have specific job security and cannot be fired. If this is the case, then it would be illegal for him to fire you.
Sometimes, people make agreements that state that you can only be fired with good cause. You may be able to enforce a promise in court in front of the judge. Did your employer make an implied promise to you, such as telling you face-to-face that they will agree to not fire you? The courts will look at various factors, however, such as the duration of your employment, regularity of job promotions, history of positive performance reviews, and whether or not your employer violated a usual employment practice in firing you.
Maybe your employer acted unfairly when they fired you. A judge or jury will make the final determination with regard to the case's outcome. If you are considering suing an employer for wrongful termination, you may be wondering what your case is worth.
Typically, in these types of cases, your settlement will be calculated based on your damages, which are the losses you have suffered as the result of the wrongful termination. You will be required to prove these damages or losses with documents and other evidence. You may be able receive the following types of monetary damages as part of your wrongful termination settlement:. This refers to any back pay you would have received, had you remained employed. This includes bonuses, any type of interest, pay raises including cost of living adjustments and increases in pay from promotions.
In such cases, plaintiffs are expected to "mitigate" their losses, which means they are expected to find a similar job as soon as possible. If the employer can prove that the employee failed to do so, the calculated mitigated amounts could be deducted from the settlement.
Lost front pay can be claimed if the fired worker finds a new job with lower pay. Benefits are a substantial part of most workers' compensation packages. So they must be included in calculations showing economic damages after a wrongful termination. Benefits include healthcare coverage, pension plans, retirement savings, stock options and transportation reimbursements.
If the terminated employee's insurance coverage has changed and he or she is incurring additional medical expenses, those may be included in the claim. Those looking for a job may also incur costs. Studies show that plaintiffs who filed for this type of damaged received an average settlement three times higher than those who did not.
This is also known as compensation for pain and suffering. A jury will award such damages if the employer's actions caused the employee emotional distress. Such damages can be verified by testimony from a psychologist or psychiatrist. These types of damages are awarded to punish employers who have committed an egregious offense.
Courts may also award these types of damages to deter other employers from engaging in such egregious behavior or committing such violations. A wrongful termination claim can be extremely complex. You need someone with a thorough understanding of the law as well as the specific state statutes that apply to your particular case. Also, these types of civil lawsuits require plaintiffs to follow strict procedures and timelines, which can prove confusing, challenging, and even intimidating.
So, if you need to file a claim for wrongful termination, it may be in your best interest to retain the services of an experienced employment lawyer who can help determine whether you have a claim. Your lawyer can also provide advice about the relevant laws and procedures in your area and can help you file your claim.
You also need a lawyer who has trial experience and can take your case to a trial if it becomes necessary. All 50 states including California recognize "at-will employment. However, there are a few exceptions, which allow employees to fight any wrongful or illegal terminations. Your employer may be liable if you were fired under the following circumstances:. Violations of public policy: The term "public policy" refers to the doctrine on which social laws are based.
These are laws that exist for the benefit of everyone in our society. It is a violation of public policy for an employer to fire an employee for engaging in actions such as participating in jury duty or taking time to vote. It is also illegal to fire someone because he or she filed a workers' compensation claim for an injury sustained on the job or refused to break the law, lie under oath or engage in discriminatory behavior. The public policy exception extends to whistleblowers, but only when it concerns health and safety, violations of the law, illicit activities or unethical business practices.
Forty-three states including California have adopted public policy exceptions. Written employment contracts: Such contracts are typically offered only to executives and upper management. It is a legally binding agreement and both employer and employee must abide by the terms and conditions spelled out in the contract. When the employer fires the employee in violation of a written contract, the employee has a basis for a wrongful termination case. Implied contract of employment: An implied contract is an agreement that is not in writing between an employer and employee.
For example, you may have an implied contract with your employer if they made statements regarding your job security or verbally promise you a specific job title.
Also, when employers tell employees their rights and duties of employment are in the companies published handbook, the employer has a legal duty to not terminate an employee as long as he or she is complying with the guidelines in the handbook. In such cases, the employee handbook serves as the implied contract of employment. Covenant of good faith: A "covenant" is defined as a promise or an agreement.
Illegal reasons include, but may not be limited to:. A common example of wrongful termination involves the employer breaching an employment contract. An employment contract is an agreement between the employer and the employee which outlines specific employment details, such as pay and expectations. If the contract, whether written or implied, specifies that the employment was to be continual, being fired could be considered wrongful termination. The most common type of wrongful termination occurs because of an employer discriminating against the employee.
Employees who are considered to belong to a protected class are protected from discriminatory laws, practices, and policies; these protections come from both federal and state laws. A person may not be discriminated against based on the following characteristics:. If an employee belongs to a protected class and is fired for discrimination against that protected class, it would likely be considered wrongful termination.
Some other examples of wrongful termination include but may not be limited to:. Generally speaking, employees in the United States are considered to be at-will employees. At-will means that either the employer or the employee may terminate the employment relationship at any time, for any legal reason, including no reason at all. In an at-will employment arrangement, employees may be fired for no reason.
Employers do have the right to terminate at-will employees at any time, and without any cause. Once again, employers may not terminate an at-will employee for any reason that would be considered illegal. If an at-will employee wanted to sue their employer for wrongful termination, they would need strong evidence that the employer acted illegally. Wrongful termination in an at-will state would generally consist of the employer firing the employee for an illegal reason; in other states, wrongful termination could be due to the employer breaching the employment contract.
Employees can sue an employer for firing them.
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