It’s a devastating experience to wake up one day and find a termination letter on your desk. A letter you didn’t expect. It’s worse when the dismissal reasons are not your fault. If you have been fired recently, you may be wondering what to do next. While you may file a lawsuit, not every firing is illegal. An employee is presumed to work at will; as such, they can be fired or can quit working at any time. Whether you’re employed at will, the employer has no grounds to fire you for no reason. Illegal firing can be done through discriminatory or simply because an employee exercised his/her legal rights. An employee should, however, consider talking to an employment lawyer to determine whether he/she has grounds for filing a lawsuit. Nevertheless, some firing can be done legally, and an employee doesn’t have any recourse against his/her employer. Some of the reasons include:

  • Poor performance
  • Unethical conduct
  • Theft
  • Disobedience
  • Damaging company property
  • Attendance issues
  • Misconduct at the workplace

What is termed as Wrongful Dismissal?

According to law, a wrongful dismissal can also be called a wrongful discharge or termination. It is a state in which an employer terminates the employment contract of an employee. The termination is a breach of one or more of the employment contract or a rule in employment law. The human affairs law in South Carolina makes it illegal for employers to have a wrongful dismissal to their employees. There many forms of wrongful dismissal. They include

  • Retaliation- An employee can’t be fired simply because he/she filed a claim of discrimination. Nor can the employer fire an employee because they participated in an investigation for discrimination. This is not allowed in the civil rights law.
  • Discrimination-This is the prejudicial treatment to different categories of employees. It can be on the grounds of sex, race, and religion. An employer is not allowed by the law to dismiss an employee on those grounds. Other claims that can make your employer liable are wage and hour disputes.
  • Employee refusing to be involved in an illegal act- An employee can file a claim against his/her employer for being forced to do something illegal.
  • Addressing law misconduct to government authorities- This is also termed as whistleblower law. If an employee reports an employer’s violation of the law, he/she shouldn’t be fired, and the law protects such activity.
  • Being dismissed due to a medical condition or disability
  • Wrongful termination because you’ve claimed for your leaves and benefits
  • An employer fails to follow the termination guidelines- a company policy contains a procedure to be followed when an employee is being dismissed. If this happens, an employee should file a claim for the wrongful termination.

If a formal contract of employment doesn’t exist, it does not exclude wrongful termination in jurisdictions. A de facto contract is believed to be in existence by the employment relationship. If your termination is questionable, it would be best if you contact a wrongful termination lawyer in Newport Beach. He/she can review your situation and advise on whether you can claim for compensation.

When Should I Hire An Employment Lawyer?

An employment lawyer will help you pursue the right action against your employer. If you decide to take action, there are certain circumstances that you should consider before hiring an employment lawyer. They include:

  • Presence of an existing contract with your employer stating how and when you can be terminated
  • You reported unsafe working conditions
  • You complained of illegal activity at the workplace
  • You reported a discrimination act to the authorities
  • You informed your boss about your pregnancy
  • You exercised a legal right

If you have been terminated because of any of the above or other reasons that are fit according to the law, the employment lawyers can help you file a complaint. There are departments where the attorney will help you file a complaint. They include:

  • Equal Employment Opportunity Commission (EEOC)
  • South Carolina Human Affairs Commission (SHAC)

How Will I Prepare to Meet a Wrongful Termination Lawyer?

When you are ready to meet an employment lawyer, you should have a list of the below actions:

  • You should bring all documents related to your employment. This includes performance appraisal, contacts, termination notice, etc.
  • Tell the truth- Never lie to the lawyer. He/she should know everything at the beginning to have facts that will strengthen your claim.
  • Be punctual- ensure to keep time, lawyers have busy schedules; remember other clients have the same complaints.

If you have identified unlawful firing, you can talk to a wrongful termination lawyer today, consultation is free. You don’t pay anything unless your case wins. The right employment lawyer will have the experience needed to handle your case. It does matter whether it’s discrimination due to race, religion or sexual harassment. You will be represented to get what you deserve.