Wrongful termination cases in the United States are never a peculiar occurrence – unfortunately. Despite the plethora of laws condoning and banning wrongful discharge in the country, certain employers still fail to respect the legal rights of employees.
One of the main reasons why wrongful termination cases continue to proliferate in the country is because of the lack of awareness of employees about their rights. In order to sufficiently address unlawful termination incidences, workers are advised to learn their employment rights.
When is a termination wrongful?
When filing a wrongful termination case, the fired employee must prove that his or her employer has violated the law. Common reasons that make a termination unlawful are:
· The termination violated any of the federal or state anti-discrimination statutes
· Discharging as a form of sexual harassment
· The employer violated the oral and written employment agreements
· The termination resulted into violation of labor laws
· Firing as a form of retaliation against the terminated employee
Recoverable damages and legal remedies for wrongful dismissal charge
Employers who would be found guilty of unlawfully discharging an employee, they may be subjected to legal charges. Wrongful dismissal victims have the right to claim for payments for lost of wages, pain and suffering damages, and cost of expenses brought about by the termination.
Furthermore, non-complying employers may be required to face statutory penalties as well as punitive damages depending on the gravity of the case.
Importance of hiring an attorney for wrongful termination
Employees who have experienced wrongful dismissal may find it helpful if they seek legal assistance of an attorney for wrongful termination. Generally, proving an unlawful termination claim is not an easy undertaking to pursue hence getting help from a legal expert should be strongly considered. Wrongfully terminated workers are advised not to handle the case themselves as it may compromise the claim.
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