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Wrongful Termination: Taking Legal Action

In Uncategorized by Garrett, Walker, Aycoth & Olson, Attorneys at Law

Wrongful Termination Lawyer

In most states in the US, there is a general rule used to describe employment called “at-will”, meaning if you are or were currently employed, you were likely employed at-will. At-will employment means that an employer can discharge, terminate, or dismiss someone at any time, without any reason given. Likewise, employees can choose to leave or quit at any time without any prior notice to their employer. 

Typically employers do not outwardly define continued employment, although in some cases an employer will make statements in written contracts that imply that employment is not at-will. Stating for example, discharge only for good-cause or reason such as violation of company policy. As a wrongful termination lawyer can explain, under these circumstances it may be determined that the termination was not wrongful – still there is potential to bring forth a breach-of-contract claim.

Was I terminated wrongfully?

Under the general rule of at-will employment in the US, there are major exceptions to the rule. A wrongful termination lawyer will be able to help determine if your case of termination intersects with any of the exceptions, in which case you may elect to begin a wrongful termination lawsuit against your former employer.

  • An employee is let go from a job for illegal reasons, such as discrimination on the basis of a protected category.
  • An employee is let go in violation of public policy.
  • An employee is let go in violation of company policy.

Additionally, other reasons exist which deem a wrongful termination lawsuit appropriate, including being discharged for the following:

  • Whistleblowing – Making internal or external parties aware of activities that are undesirable, concerning, or illegal
  • Refusing to commit an illegal act – forgery of documents in an effort to deceive internal or external entities.
  • Refusing to commit an illegal act – refusing to alter accounting books in a way that wrongfully portrays figures after being directed to by your manager.
  • your director or manager instructs you to 

If you believe discrimination based on gender, race, age, or sexual orientation – you may have been wronfully terminated. Also, it is against public policy for an employer to retaliate via terminating you for filing a discrimination claim after a suspected instance of discrimination.

The options for legal recourse for those who suspect they were wrongfully terminated varies widely based on locality and the suspected reasons for termination.  Consider contacting a wrongful termination lawyer if you suspect your recent dismissal was not in accordance with the law. An experienced lawyer such as one from Cohen & Cohen will be able to work with you to determine if you have a viable case and then develop a strategy for filing a lawsuit against your former employer.