Unlawful Termination Lawyers
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What Are Some Examples of Unlawful Termination?
Unlawful termination occurs when an employee is fired in a manner that is illegal or against the law. This can include instances such as:
- Termination based on discrimination (by age, race, etc.)
- Termination in violation of an employment contract
- Unauthorized forced termination (due to age usually)
- Firing an employee because they have reported a violation "(retaliatory discharge)"
Thus, there are many ways in which unlawful termination can occur. Both state and federal employment laws provide guidelines on termination procedures for employers. Unlawful termination is often called "wrongful termination."
How Can I Contest Unlawful Termination?
There are a few ways to contest unlawful termination. For instance, an employee who has been wrongfully terminated may:
- File a claim with the company’s human resources department
- File a complaint with the appropriate government agency (such as the EEOC for discrimination-based claims)
- File a lawsuit in a court of law
In most cases, the employee must "exhaust their remedies" before they can file a lawsuit. This means that they must seek avenues such as a government agency filing first. Only if these preliminary measures have failed can they file a lawsuit. However, these restrictions can vary depending on the legal cause of action. Waivers for these requirements can also be obtained in some situations.
What Are the Legal Remedies for Unlawful Termination?
Remedies for unlawful termination may include:
- Reinstatement back to the previous position before termination
- Damages awards for losses (such as lost wages)
- Other measures such as change employment policies
Remedies will depend on the facts of each case. In some cases, a number of different remedies may be issued for one violation.
Do I Need a Lawyer for help with Unlawful Termination Issues?
Unlawful termination is a serious legal issue and can lead to some far-reaching effects. You may wish to hire a lawyer if you need help with unlawful termination or other legal issues. Your attorney can provide you with legal advice and representation for your situation. Also, if you need an update on employment laws, your lawyer can inform you of any changes that might affect your case.
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Last Modified: 03-05-2014 03:02 PM PST
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