Wrongful termination lawyers specialize in cases where an employee’s legal rights have been violated by his or her employer. The employee’s attorney represents her client in order to obtain job reinstatement and/or monetary damages. Breach of contract, workers’ compensation claims, workplace safety, and sexual harassment are just a few of the issues that a wrongful termination lawyer can help with.
This type of lawyer deals with a variety of terminations, some of which are illegal. One example is when an employee is fired for asserting her legal rights. These include things like filing a workers’ compensation claim, notifying the appropriate government agency about her employer’s safety violations, and requesting that her employer follow state or federal regulations like overtime pay and minimum wage laws. Terminations like these are illegal because they go against public policy in terms of safe and fair working conditions.
A violation or “breach” of a contract between the employer and the employee regarding the specific terms of employment is another type of wrongful termination. The contract can be written or oral, as long as the employee is provided with specific information about pay and working conditions. The contract could also be “implied” by the employer’s statements or representations in a policy manual or employee handbook. The wrongful termination lawyer would try to show how the materials were used to form a legal contract between the employer and the employee.
In some cases, rather than firing an employee, an employer may find a way to force him to resign. In these cases of “constructive discharge,” the wrongful termination lawyer must show that the employee’s departure was caused by the employer’s actions. Withholding raises or bonuses, inventing mistakes the employee has made, or assigning him new tasks outside his job description are all examples of inappropriate behavior. The employer may even fabricate stories about the employee in extreme cases. As part of the wrongful termination complaint, the attorney may have to litigate the issue of defamation.
Discrimination on the part of the employer can result in an employee losing their job. Discrimination based on age, race, sex, national origin, or religion is illegal under both state and federal law. If an employee is subjected to widespread sexual harassment, it may be considered sex discrimination. Before filing a lawsuit in court, an employee may have to “exhaust” his or her claim with an administrative body such as the Equal Employment Opportunity Commission (EECOC). The employee would be represented by a wrongful termination lawyer at EECOC hearings and any subsequent court hearings.