When Does an Employee Need an Employment Lawyer?

When Does an Employee Need an Employment Lawyer?

Most employers provide a “legitimate” reason for terminating an employee, whether it’s actually why you were fired or not. For example, your employer might say you are being fired for poor performance, to cut costs, for misconduct, or as part of a company reorganization.
But what if the company hired someone at a higher salary to replace you after telling you your job was being eliminated? What if your employer suddenly decided your performance was declining only days after you revealed your pregnancy?

In these situations, or any other in which you suspect that your employer’s real reason for firing you was illegitimate, you might have a legal claim against your employer.

So, does it make sense for you to hire a lawyer to sue an employer who fired you for cause? An initial consultation with an employment lawyer can answer that question.

How can I tell if I have an Employment Contract?

Although many contracts are written, the law recognizes oral contracts as valid. This means that if you were promised certain rights by your employer, but never got the promise in writing, you may have nonetheless created a valid oral contract.

In such cases, it really pays to find an attorney since proving the existence and terms of an oral contract varies greatly in different states.

What are Typical Illegal Reasons for Firing Me?

One of the most important job rights is the right to be free from discrimination. Employers typically cannot fire you based on your race, national origin, sex, religion, disability, or age. Some states now protect other categories such as sexual orientation and marital status, so it always pays to check your state laws.
In addition, these laws also typically prevent retaliation if you file a complaint against your employer for discriminating against you. In case of an injury at work and the employer wants me to let go of illegal way you can consult someone from missouri personal injury lawyer

 Other typically illegal reasons for firing an employee include firing them for:

  • Forming a union or being part of a union
  • Complaining about or reporting on unsafe conditions
  • Complaining about or reporting on illegal activities in the workplace
  • Asserting your legal rights.
  • Make an Informed Decision 
Even if you have legal grounds to sue your employer, you may decide no to after the lawyer explains what you can possibly recover under the best case scenario and what you will have to pay to win that recovery in court. And, all lawsuits are risky because they can be thrown out by the judge, witnesses may lie or just fail to persuade the jury, and juries can be unpredictable. The risk of losing is yet another factor that the lawyer will help you assess when you are doing your cost/benefit analysis.

Once you have gone over all of these factors with an employment lawyer, you can make an informed decision about whether or not you want to hire the lawyer to challenge your termination in some way.

How can I Protect my Rights Before Leaving my Job?

How can I Protect my Rights Before Leaving my Job?

Always document the circumstances under which you were fired. This includes who you talked to, what they said and any accompanying conduct by both parties. It can be helpful to write emails to preserve a record, and make sure to make copies of any relevant emails as well.