Wrongful Termination Claims – How to Locate the Lawyer
Wrongful termination is frequently employed as legal jargon to describe what’s called wrongful termination in employment law. It may also be referred to as dismissal for lack of notice or valid notice. This article provides an in-depth analysis of the main common law principle regarding this type of wrongful termination in the District of Columbia, Maryland, and Virginia. It will explore both state and federal cases that involved this wrongful termination issue. The analysis will conclude by indicating whether employment law in these states is more inclusive or more restrictive when it comes to the types of dismissals that can be made in such cases.
In most cases, dismissal due to wrongful termination
occurs when the employer has made a policy decision that an employee cannot perform the essential functions required of that position. In this case, when the employee complains about being unfairly dismissed, that employee must first show that he or she was not notified of the policy exclusivity (which can be waived by proper notice). In some cases, the employee has a remedy available in the state or federal laws. However, even if an employee can successfully sue under state or federal law, most employees will not be able to prevail in an employer-liability lawsuit, especially in a case where the employer satisfies the state or federal wrongful termination laws and has adopted a policy of mandatory continuing education even for employees already discharged.
In some cases, an employee who has been wrongfully terminated
may attempt to argue that he or she was a victim of employer racism, because of comments the employee made to other employees about race, as well as other reasons. If you are a white employee who is wrongfully terminated, you may have difficulty finding an attorney who is competent and successful in pursuing your claim. Because of the inherent difficulty of identifying and locating a competent attorney, many employees simply accept the fact that they have been subjected to unlawful racial discrimination and then accept their fates. If you are wrongfully terminated and seek damages for your actions, it is important to consult with a labor attorney right away so that you have the best opportunity of advancing your claim.
As described above,
you need to retain a skilled attorney if you believe that you have been subjected to wrongful termination. The key issue to consider here is that even if your employer has complied with the proper procedures and affirmatively offered you a second chance, you may still be able to file suit against him or her. You need to understand that, even if your employer is found guilty of discrimination, it is immaterial if the decision to fire you was based on your race, sexual orientation, gender, disability, or religion. In the past, many individuals who have been subjected to unlawful discrimination have been able to recover damages from their employer even if they were not formally terminated.
An attorney who specializes in wrongful termination claims,
like the one mentioned above, will thoroughly review your claim and determine whether it should move forward or not. Most plaintiffs’ attorneys will advise their clients to seek damages based on a variety of factors. Factors include, but are not limited to, the nature of the violation, whether it was a clear-cut case of discrimination (which is more likely to result in financial settlements), and whether there was a basis for the employer’s decision to terminate you. Another factor that can be considered is whether the violation was an illegal violation of any official public policy, such as your right to freedom of speech or protection under the Americans with Disabilities Act (ADA). If, after considering all of these factors, it is determined that you have a valid claim for wrongful termination, then your attorney will file your lawsuit in federal court.
You should be aware that hiring an experienced attorney
should be your priority when considering how to proceed following the discovery of a former employer’s wrongful termination of employees. If you have suffered enough, it may be possible to receive monetary compensation for your troubles. For more information, feel free to speak to a highly qualified attorney. Although you may not think that you need to retain an attorney, many cases proceed to trial because the attorneys handling them do not possess the experience necessary to ensure victory. For this reason, the wise choice is to engage in wrongful termination legal protection by finding an attorney who is familiar with the issues involved in these cases.