A wrongful termination which is also called wrongful discharge or wrongful dismissal happens when an employer fires you for unlawful reasons. Many states regard a person to be employed at will. Employed at will means that your employer can decide to fire you without providing any notice and reason unless there is a breach of the employment contract or violation of the law.
When this happens, it means it’s a wrongful termination. Unfortunately, a terminated employee cannot receive unemployment compensation. This is the reason why you need to contact a wrongful termination attorney in Kansas City to help you figure out if you are eligible for compensation. This post discusses everything you need to know about wrongful termination.
The wrongful termination legal process
When it comes to wrongful termination, it usually depends on you to prove that there was a wrongful termination. This is why it’s a good idea for either an employee or employer to find an attorney. A lawyer can assist you with legal issues and even protect your rights and reputation.
There are no specific laws that can protect a wrongfully terminated employee. The good thing is that there are several federal and state laws that cover wrongful termination. Besides this, if you think that your employer is forcing you out of work because they were intolerable or dishonest, then you can file a wrongful termination lawsuit against your former employer.
It’s worth noting that you cannot file a wrongful termination claim just after being terminated even if you have good evidence that your discharge was illegal. There are usually federal and state laws that you need to meet before filing a lawsuit.
Therefore, depending on the situation of your wrongful termination, they can award you various damages when you win a wrongful termination lawsuit. These include back pay, front pay, promotion, reinstatement, and compensation damages.
Reasons for wrongful termination
With wrongful termination, there can be various reasons your employer can decide to do this. You need to find a reputable attorney to assist you to know the factors that can help your wrongful termination claim.
Because many employment relationships are considered to be at-will, it means your employer can discharge you when they want to or without any good reason. If there is a written agreement, there can be an exception to this at-will employment relationship.
It’s worth noting that a signed contract can be used in court to help you to keep your job or even to sue your former employer for discharging you illegally. On the other hand, an agreement that depends on what your employer said or did is regarded as an implied employment contract. This can also work as an extra exemption when it comes to the at-will employment relationship.
Another reason for filing a wrongful termination lawsuit is discrimination. Keep in mind that discrimination is considered to be an illegal act. This means that your employer cannot fire you based on your religion, race, age, gender, and many more. If you believe that you have been wrongfully terminated due to discrimination, you must get an attorney quickly to help you file a lawsuit against your former employer.