Preparation
You must first understand why you were terminated from your job. This is crucial to choosing the wrongful termination lawyer because each lawyer will require immediate communication about the your termination. Make sure you understand and know that the reason you were fired from work was illegal. Remember to be prepared to know right away if your lawyer suits your needs.
Understanding Wrongful Termination Law
Wrongful termination in the United States is when you were fired from work for an illegal reason. Take note that wrongful termination includes, but not limited to, the following:
- Any form of discrimination (e.g. racial, religious, etc)
- Absence for a serious medical condition
- Citizenship
- Retaliation
- Military status
Creating a List of Wrongful Termination Lawyers
Search for a lawyer online, in your area, or through any other means. Your main objective is to find a handful of lawyers with a long history of successfully handling similar wrongful termination cases. A general rule of thumb for searching for a wrongful termination lawyer should be prioritizing lawyers who have had a successful history with discrimination cases as they are more experienced with this area.
Pursuing your Wrongful Termination Case
In wrongful termination, you will need an employment law attorney. A good lawyer will know federal and state labor laws from top to bottom and also be aware of how complex wrongful termination lawsuits are. Ask them about their track record, e.g., how many cases they have worked on and what percentage of these were successful.
Explore the lawyer’s reputation online by using reviews, testaments, and ratings from former clients. Search for feedback about their professionalism, communication skills, and ability to win cases. Websites such as Avvo, Martindale-Hubbell, and the Better Business Bureau can provide an insight into whether a lawyer can be trusted or not.
A good lawyer should also be available and ready to keep you in touch with what is going on as the process goes on. During the initial consultation, find out their communication style and their capability of describing legal terms. If they are not available or can’t clearly describe themselves, they would not be suitable for your case.
It is crucial to understand the fee structure of a lawyer. Some wrongful termination attorneys operate on a contingency fee, where they only receive compensation if you are successful in your case. There are others who charge hourly rates or flat rates. Ensure you clarify all charges before and sign a written contract to prevent you from incurring unexpected costs.
Wrongful termination cases typically require lots of documentation and evidence. It is easier for a reputed firm with a good supporting team, including paralegals and researchers, to handle your case than a solo lawyer who has limited man power.
Certain cases can be resolved outside of the courtroom, and others can involve litigation. The attorney should have excellent negotiation skills to get a good settlement but be willing to go to trial on your behalf as well. Ask them if they have any courtroom experience and feel comfortable pleading cases in front of a judge or jury.
Most wrongful termination lawyers offer a free initial consultation. Take advantage of it to gauge their experience, have them look over your case, and determine if you feel comfortable with them. Prepare a list of questions in advance, such as:
- What is your experience with wrongful termination cases?
- What are my chances of winning?
- What strategy do you recommend for my case?
- How will you keep me updated on the progress?
- What costs can I expect?
The laws of employment vary from state to state, and there is more protection for workers in some cities. Ensure the lawyer you employ has knowledge regarding the applicable laws in your jurisdiction. A lawyer who knows the local regulations better will serve you better in defending your case.
Common Myths about Wrongful Termination Cases
- If you quit your job, you cannot sue for wrongful termination.
- Constructive dismissal is a legal term in the United States which protects the rights of resigned employees filing a wrongful termination case after they quit their job. This is usual eligible in very specific circumstances such as an employee quitting due to a poor working environment. Essentially, constructive dismissal applies to cases where employers initiate certain circumstances which indirectly force their employees to quit.
- It is considered wrongful termination if you are fired from your job without a provided reason.
- In most states, employers are legally allowed to terminate their employees without providing any reason. This is due to the legal employment structure in the United States.