El Paso Attorneys For Wrongful Termination
If you’ve been let go from your job and you believe it was for an unlawful reason, you may be able to file wrongful termination claim. Bringing a wrongful termination action against a former employer can be challenging and may involve complicated legal proceedings. For this reason, it’s wise to consult a wrongful termination attorney immediately after termination.
What Constitutes Wrongful Termination?
For a termination to be wrongful, an employer must have laid off an employee for illegal reasons in the eyes of the law. Some illegal reasons for termination include:
- Firing in violation of federal and state anti-discrimination laws
- Firing as a form of sexual harassment
- Firing in violation of oral and written employment agreements
- Firing in violation of labor laws, including collective bargaining laws
- Firing in retaliation for the employee’s having filed a complaint or claim against the employer
These violations can be statutory penalties, but others might result in the employer paying damages based in the employee’s lost wages and additional expenses. Each case is unique, and a wrongful termination attorney will help you navigate through any complexities and legal details.
Wrongful Termination Cases
Wrongful termination lawyers will consider a number of details when analyzing a case. Some of these include:
- Employment contract: If you were employed under a contract, your employer must be in compliance to that contract.
- Employer policy: In some cases, the employer’s policies provide discipline procedures, and the employer is required to act within those policies as they are considered implied contracts.
- Differential treatment: Your attorney will investigate whether or not other employees were treated the same way you were. For example, if you were fired for a performance problem, any other employee with the same problem should have been fired as well.
- Retaliation: If you were fired as a result of whistle-blowing, that is grounds for a wrongful termination case.
- Evidence: Your attorney will want to see any kind of employer documentation available from formal warnings to incriminating emails.
Were You Wrongfully Terminated?
If you have been fired and believe you may have a wrongful termination claim, contact Rosales Law Firm today to set up a consultation. We’d be happy to help.