Any unlawful cause for terminating an employee, including discrimination, retribution, and a violation of the law or a contract, falls under the umbrella phrase “wrongful termination.” You might want to speak with a Hayber, McKenna, & Dinsmore lawyer if the details surrounding your termination indicate that it may have been unlawful. A lawyer can look through the evidence and determine whether you might be able to make a legal claim or not. If so, an attorney can assist you in deciding what, if any, you should do to defend your entitlements.
For instance, you might choose to seek a settlement, try and negotiate a redundancy payment, or bring legal action or administrative complaints against the company. However, at times, you might even decide that it’s better to just let go and move on. However, speaking with a lawyer is the only surefire method to learn how solid your allegations are, and what alternatives you have.
In case you are requested to sign a release of claims, waiving your ability to sue the employer, it is extremely crucial that you think about getting legal advice. Many businesses make signing this kind of contract a requirement for receiving severance pay (or getting a better severance package). However, note that after you agree to a release, it’s quite tricky to get it back. Even though you subsequently realize that you possess valuable legal rights against the corporation, you could possibly do nothing.
You should be aware of the claims you are renouncing and their potential value before signing anything. Here are some scenarios that should generally make you think about seeking legal counsel.
- Your termination may have been motivated by discrimination, according to statements or actions.
- You recently disclosed that you possess a protected trait, such as, you are pregnant, or you suffer from a disability.
- You just complained about harassment or discrimination.
- You’ve lately voiced complaints about unethical behavior at work, such as unsafe working conditions or poor accounting procedures.
- You very recently used a legal privilege, such as polling or reaping the benefits of medical and family leave.
- The demographics of your workplace have altered as a result of your termination (whether you’re the only woman in your team or the only manager who is not white).
- You are just a few steps away from attaining key benefits, like vested stock options or retirement funds, or from vesting.
- Your employment agreement places restrictions on the employer’s ability to fire you.
In any one of these aforementioned scenarios, your termination might or might not have been justified in the eyes of law. However, a lawyer can assist you in gathering the evidence, classifying your claims, and making a decision on what to do next.
Lynn Martelli is an editor at Readability. She received her MFA in Creative Writing from Antioch University and has worked as an editor for over 10 years. Lynn has edited a wide variety of books, including fiction, non-fiction, memoirs, and more. In her free time, Lynn enjoys reading, writing, and spending time with her family and friends.