An employee is deemed to have been wrongfully fired when they are fired from their position. The majority of workers in the US are classified as “at-will,” meaning that they can leave their jobs at any time as long as it’s not for an unlawful purpose.
Nevertheless, laws have been placed in place to protect the rights of employees. Employers, for instance, are not permitted to fire workers in retribution for bringing up concerns or complaints. Employers are prohibited from treating workers unfairly on the basis of the protected class, which includes gender, age, and race. Additionally, it is illegal to fire staff members for trying to form unions or dissuade them from pursuing workers’ compensation claims. Can a Massachusetts wrongful termination attorney help you? Keep reading to know the steps to take.
Know your rights as an employee
The majority of states in the US are “at-will” employers. This implies that employers have the authority to fire workers for a variety of causes. However, certain states, like Georgia, have labor laws that forbid businesses from terminating workers for improper reasons, including restrictions against wrongful termination.
An employee may bring a wrongful termination claim with the assistance of an employment attorney if they were fired unfairly.
Discrimination allegations are at the center of most instances. Employees must show proof that their termination was due to their membership in a protected class rather than any other justification in order for these lawsuits to be successful.
Collect proof to protect your lawsuit
Obtaining strong proof is crucial in these situations. This is where timing is really important. For example, it can be a sign of retaliation if your employer fires you soon after you submit a workers’ compensation claim.
Emails, texts, and internal memoranda revealing similar intentions are examples of tangible evidence that can be extremely valuable. You can strengthen your case with statements from coworkers who can attest to your performance or by relating offensive remarks made by superiors.
It may indicate wrongful termination if your management abruptly changes their behavior in response to your claim. Irregular answers or evasiveness in providing a rationale for the dismissal are often indicators of wrongful termination. An experienced lawyer can provide you with further clarity on this point.
How much time do you have to file a wrongful termination claim?
Not wanting to miss your filing date is one of the reasons we advise you to get legal counsel as soon as possible. Every state has a statute of limitations that specifies the amount of time you have to bring a wrongful termination claim.
Most states have a two-year statute of limitations for wrongful termination. Should you fail to meet this deadline for filing, your lawsuit will be dismissed by the court. You won’t have the opportunity to sue your employer in the future.
When a regulatory agency is unable to reach a settlement or when someone wants to take immediate legal action, they may choose to file a wrongful termination lawsuit. Your wrongful termination lawyer will help you understand the procedures required and navigate the complexities of filing a case of this kind. They will thoroughly assess the particulars of your situation, identifying its advantages and disadvantages.
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