Understanding Employment Law
Employment law is a complex branch of litigation that deals with a variety of practice areas including wage garnishments, sexual harassment, releases, wrongful termination and other situations. Generally speaking, wrongful termination is a legal term that refers to an employer who lets an employee go without a good reason. Even if your job is held at-will (meaning that you or your employer can end your employment at any time), United States law does not allow you employer to discriminate unfairly against you. What does this mean? Your boss cannot fire you based on your race, age, sexual orientation, gender, etc.
What constitutes a wrongful discharge?
If you believe that you have been fired wrongfully, talking to an attorney may be your best option. At Crary Buchanan, we are ready to fight for your rights and go to bat for you in court. Did you know that your employer can fire you for illegal reason? These reasons might include, firing you in violation of anti-discrimination laws, firing you because you failed to return romantic advances, firing you in violation of a written agreement, firing you in violation of established labor laws or firing you as a form of retaliation. For instance, if you filed a complaint against your employer and he/she fires you, you may have reason to file a wrongful termination claim.
Things to Do and Avoid
If you believe that you’ve been wrongfully discharged, there are steps that you can take towards seeking compensation. There are also a variety of things that you should avoid. You may feel a sense of animosity or anger towards your employer; no not act on these feelings of bitterness. Acting on these negative instincts may lead to actions on your part that are not lawful or wise. On the other hand, you should make a point to find out who decided to fire you, the specific reasons for your discharge and the opportunity to view your personnel file.
Additionally, you may seek to negotiate a severance package. Make sure that you are not intimidated by your employer or your termination. If you have been discharged illegally, you may deserve compensation for your lost job; don’t let yourself be intimidated by your former boss just because he/she fired you. After you are let go, be sure that your return any company property in your possession. If you fail to do this, the court may not view your actions favorable and you may have a difficult time filing a wrongful termination claim against the company.
Discharge and Severance Packages
You employer is not required to give you a severance agreement. However, your employment contract may indicate that you should get one in the event of your termination. If you have been terminated wrongfully, you may be able to negotiate a favorable severance agreement if you agree to not sue your boss or the company you worked for. Instead of a claim or court settlement, you may be able to pursue a severance agreement instead. Talk to your attorney to decide whether or not a severance package is a negotiable and wise option.
If you decide to obtain a severance agreement instead of taking legal action, there are variety of situations that could improve your chance of getting a reasonable and fair agreement. When you are fired, stay calm. If you make a scene or rash threats, your employer will probably not be willing to work with you and settle a severance agreement. Secondly, negotiation with your employer; do not necessarily accept his/her first offer. If you believe that you have been fired illegally, talk to a lawyer form our firm today – we are ready to help you get the agreement you want.