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If you are in the unfortunate position of being fired for no cause, and you believe your former employer is wrong, you should consider taking legal action. There are many reasons why you should, and this article will help you understand why.
What Is Wrongful Dismissal?
Wrongful dismissal is a legal term that refers to an act of an employer that willfully terminates the employment of an employee with or without notice based on unlawful reasons. When employers terminate employees, they are required to show that they had just cause to do so. Employees have a legal right to protection, and their employer cannot dismiss them without following the correct procedure. When an employee is terminated unfairly, they are entitled to take their case to court, and if the court rules in their favor, they could receive compensation. A dismissal may be considered unfair if the employer failed to act in good faith or acted in bad faith. The distinction is the difference between intentions.
Illegal Reasons for Termination
Termination of employment is not necessarily an unlawful act. However, if the termination is based on illegal grounds, it might be considered unlawful. The most common unjust grounds for dismissal are:
- Harassment that drives you out of the workplace.
- Offensive jokes
- Slurs based on race or sexuality
- Disrespectful remarks and insults
- The threat or intimidation of violence
- Text or images that are inappropriate
- A physical assault
- Health issues or pregnancy.
- If you are in the process of retiring, getting promoted, or due to receive benefits.
- Job replacement due to nepotism.
- Genuine whistleblowing that uncovers illegal hiring and firing practices.
- Being falsely accused of wrongdoing.
Why You Should Involve A Lawyer
A wrongful dismissal lawyer can help you determine whether you have a claim or not. The first step is to assess whether your employment was terminated for a valid reason. If you believe that the termination was without cause, then it is likely that the company has violated your employment contract and that the employer will owe you compensation. Some factors that may affect your case include your employer’s motive, warning signs, or any indications of poor performance before the termination and whether other employees in similar positions have been treated more favorably. Essentially an experienced employment lawyer is vital in guiding you through the minutiae of law and your rights. Law is tricky at the best of times, and something like employment law is especially complex.
Unjust Dismissal Lawyers: Things To Look For
The first thing is to make sure that the lawyer is experienced in this field of law. The second is to ensure that they have a good track record, preferably without any blemishes in their history. Lastly, it’s essential to determine if the attorney has any conflicts of interest or any personal problems or grudges with other attorneys in the field. Furthermore, these top-rated injury lawyers in West Virginia suggest that when selecting a law firm, some crucial factors to consider include experience, flexibility, client satisfaction, and a genuine desire to help the average worker in need of assistance. Understanding what each of those factors means is essential when considering them individually.
There are many different types of wrongful dismissals, but some lawyers are specialists in specific areas. For instance, some lawyers might have experience in matters of race or sex since they dealt with the same type of dismissal previously. The importance of an experienced attorney cannot be overstated. An accomplished lawyer can see things from a different perspective and find new solutions to a problem.
The best attorneys will have an innate ability to see the case from all angles. This is necessary to ensure that any overlooked factors do not undermine the case. Furthermore, this flexibility can allow them to explore new avenues relating to your issue. For example, in the case of wrongful dismissals, they may see the benefit of starting a class-action lawsuit, which could result in speedy out-of-court settlements.
It is no use hiring the best law firm in the world if they are obnoxious and never answer your calls. Therefore, you must check each law firm you want to hire to see how they treat you. It’s easy to detect if you are just a payday for them. You should consider looking elsewhere if that is the case. Conversely, those who take the time to discuss your case with you and go through each step as it will arise are likely to take your case seriously.
Justice Is A Priority For Them
It takes a special kind of person to decide to become an attorney, and in most cases, they will have a desire to fight against injustice. Wrongful dismissal can be an emotional situation, so you should opt for a lawyer interested in getting you the justice you deserve.
They Provide Free Consultation
As previously mentioned, being unlawfully fired from your job is both embarrassing and upsetting. Likely, you won’t know where to go or what to do, which is why law firms that offer free consultation can be a handy tool. You can visit them, and they should be able to let you know if you have a chase or not. If you have no case and your dismal was legal, it is better to know upfront than waste time and money pursuing an expensive lawsuit.
Their Fees Are Reasonable
You are probably worried about eating into savings, so you should choose a firm that takes reasonable fees. Regarding employment cases, there are usually three different ways in which they might charge you, with the first two being the most common:
- Contingency: A percentage of the settlement or award goes to the attorney.
- Hourly: Employment lawyers usually charge an hourly fee, which varies according to their experience and where they practice.
- Combination: Many lawyers will ask for a nominal retainer fee at the outset, along with a percentage of the settlement or award.
Although it is easier said than done, you shouldn’t lose hope when you get unjustly dismissed. Your first step should be to consult with a local lawyer, and if you have a case, a skilled employment attorney should help you gain justice.