Resolving an Unlawful Termination Dispute
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What Are Unlawful Termination Disputes?
Unlawful termination can occur if an employer terminates a worker improperly, resulting in a violation of the law. Employees may often dispute a termination if they feel that the process has been somehow unfair or illegal. Examples of unlawful or wrongful termination disputes include:
- Termination based on discrimination (especially age-based discrimination)
- Firing an employee in a way that violates an employment contract
- Disputes over severance pay and termination benefit packages
Thus, termination disputes typically involve some other employment factor that is related to the termination. This makes such disputes complicated at times.
Are There Any Tips for Resolving Unlawful Termination Disputes?
When resolving an unlawful termination dispute, the employer must usually file a claim with a government agency. For instance, most cases involving discrimination will be handled by the Equal Employment Opportunity Commission (EEOC). Other cases may require a lawsuit to resolve.
Whether filing with an agency or filing a lawsuit, you should take steps to prepare yourself. You may wish to:
- Compile important documents related to your claim (such as employment contracts, hiring documents, termination letters, e-mails, and other correspondences)
- Speak with any co-workers who might be able to serve as a witness in an upcoming trial or agency hearing
- Review the events leading up to the termination incident; you may wish to make a written account of the important events that happened
These tasks can be made much more efficient with the help of attorney or legal professional.
What Are the Legal Remedies for Wrongful Termination?
Wrongful termination or wrongful discharge remedies can include a damages award that might cover expenses such as lost wages, attorney’s fees, court costs, and other losses. The damages may also cover lost benefits and severance pay. Another common remedy is that the employer may be required to restore the worker to the position they had before termination. Alternatively, the court may order the company to adjust their workplace practices and procedures.
Do I Need a Lawyer for Help with Unlawful Termination Disputes?
Unlawful termination disputes can often involve many different legal issues in the same case. You may need to hire a lawyer if you have any questions or inquiries about a termination dispute. Your lawyer can provide you with legal advice and can help represent you in court if you are going to file a lawsuit.
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Last Modified: 03-05-2014 04:05 PM PST
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