Why Employment Lawyers Are Critical for Workers Facing Wrongful Termination
Being wrongfully terminated from your job can be a deeply unsettling experience, especially if you believe that your termination was in violation of your rights or was based on discriminatory or retaliatory motives. Wrongful termination can lead to both emotional and financial distress, and in many cases, it may be illegal. Fortunately, employees who have been wrongfully terminated are often entitled to compensation, and an employment lawyer can help you understand your rights and take the necessary steps to challenge your termination.
At Castronovo & McKinney, LLC, we specialize in wrongful termination claims and are dedicated to protecting the rights of employees. If you’ve been wrongfully terminated, an experienced employment lawyer can help you assess your case, seek justice, and ensure that your employer is held accountable. In this article, we will discuss what constitutes wrongful termination, common signs that your termination may be unlawful, and how an employment lawyer can help you navigate your wrongful termination claim.
What is Wrongful Termination?
Wrongful termination occurs when an employer dismisses an employee in violation of employment laws, company policies, or the terms of an employment contract. Although most employees in the United States are “at-will” employees (meaning they can be terminated for any reason or no reason at all), there are several exceptions to this rule. If your employer has fired you for any of the following reasons, you may have grounds for a wrongful termination claim:
- Discrimination: If you were terminated due to your race, gender, age, disability, religion, national origin, or other protected characteristic, you may have been the victim of discrimination, which is prohibited under federal laws like Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA).
- Retaliation: If you were fired for engaging in a legally protected activity, such as reporting illegal activity (whistleblowing), filing a workers’ compensation claim, or taking family or medical leave (under the Family and Medical Leave Act, or FMLA), your termination may constitute retaliation, which is illegal under federal and state laws.
- Violation of an Employment Contract: If you have an employment contract that specifies the terms of your employment and the conditions under which you can be terminated, and your employer breaches that contract by firing you without cause or in violation of those terms, you may have a claim for wrongful termination.
- Public Policy Violations: It is illegal for an employer to fire an employee for reasons that violate public policy. For example, if you were terminated for refusing to engage in illegal activities, for taking time off to vote, or for serving jury duty, this could constitute wrongful termination.
- Constructive Discharge: Constructive discharge occurs when an employer creates an intolerable work environment, forcing an employee to resign. If you were forced to quit because of harassment, discrimination, or other illegal actions taken by your employer, your resignation may be treated as a wrongful termination.
How an Employment Lawyer Can Help with Wrongful Termination
If you believe you were wrongfully terminated, it is essential to seek legal counsel from an experienced employment lawyer who can assess your case and help you take the necessary steps to protect your rights. Here’s how an employment lawyer can assist you:
- Evaluating Your Case: An employment lawyer will carefully review the circumstances surrounding your termination to determine if it was wrongful. They will assess whether you were fired in violation of any laws, contracts, or company policies and advise you on the best course of action based on the facts of your case.
- Gathering Evidence: To support your wrongful termination claim, your lawyer will help gather evidence such as emails, performance reviews, witness statements, and any communications with your employer that may show that your termination was based on illegal reasons. They will also review any company policies or employment contracts that could support your case.
- Filing a Complaint: If your termination violates employment laws, your lawyer can assist you in filing a formal complaint with the appropriate government agencies, such as the Equal Employment Opportunity Commission (EEOC) or the Department of Labor. They will ensure that all paperwork is filed in a timely manner, and all deadlines are met to protect your claim.
- Negotiating a Settlement: Many wrongful termination cases can be resolved without going to court. Your lawyer can negotiate on your behalf to reach a fair settlement with your employer. This can include compensation for lost wages, benefits, emotional distress, and potential punitive damages.
- Representing You in Court: If settlement negotiations fail, your lawyer will represent you in court. They will prepare your case, present evidence, and argue on your behalf to prove that your termination was wrongful and that you are entitled to compensation. Employment lawyers with trial experience will ensure your case is presented effectively.
Why Choose Castronovo & McKinney for Your Wrongful Termination Claim?
At Castronovo & McKinney, LLC, we are passionate about helping employees who have been wrongfully terminated. Our team of skilled employment lawyers has years of experience in wrongful termination claims, and we are committed to fighting for the rights of workers who have been unfairly treated by their employers.
We understand the emotional toll that wrongful termination can have on your career and personal life. Our attorneys provide compassionate yet aggressive legal representation to help you seek justice. Whether your case involves discrimination, retaliation, breach of contract, or public policy violations, we are prepared to fight on your behalf.
If you believe you have been wrongfully terminated, don’t wait to take action. Contact Castronovo & McKinney today to schedule a consultation with one of our experienced employment lawyers. We will review your case, explain your options, and work to get you the compensation and justice you deserve.
To schedule a consultation with one of our experienced wrongful termination lawyers, contact Castronovo & McKinney, Employment Law Attorneys today. We are here to protect your rights and advocate on your behalf.
Contact Us
Visit our offices in Morristown, NJ or New York, NY, or give us a call to schedule a consultation with one of our experienced employment lawyers. We are committed to helping you with wrongful termination claims and ensuring that your rights are upheld.
New Jersey Office
71 Maple Ave, Morristown, NJ 07960
Phone: 973.920.7888
Fax: 973.920.7924
New York Office
420 Lexington Avenue, Suite 1830, New York, NY 10170
Phone: 646.755.3781
Fax: 646.755.3781