A wrongful termination lawsuit is a legal claim filed by an employee who believes they have been wrongfully fired from their job. The lawsuit alleges that the employee’s firing was illegal and violates their rights, and seeks compensation for damages.
If you have been wrongfully terminated from your job, you may be able to file a wrongful termination lawsuit. This type of lawsuit can be complex, so it’s important to understand the process and what you will need to prove in order to have a successful case. Read on if you need to understand more about Wrongful Termination Lawsuits.
What is wrongful termination?
There are many different types of wrongful termination, but some of the most common include being fired for Discrimination, retaliation, and whistle-blowing.
Discrimination is when an employee is fired because of their race, religion, gender, or national origin. This is illegal under Title VII of the Civil Rights Act of 1964.
Retaliation is when an employee is fired because they have filed a complaint against their employer, such as for sexual harassment.
Whistle-blowing is when an employee reports their employer for illegal or unethical behavior.
Wrongful termination examples
There are numerous examples of wrongful termination cases in the United States. Some of the most notable cases are as follows:
1. Thompson v. North American Stainless, LP
In 2011, the U.S. Court of Appeals for the Sixth Circuit heard the case of Thompson v. North American Stainless, LP. The plaintiff, in this case, Larry Thompson, was employed by North American Stainless as a quality control supervisor. Thompson was terminated from his position after he raised concerns about potential safety issues at the company’s plant.
The court ruled that Thompson’s termination was in violation of the Federal whistleblowers’ protections under the Sarbanes-Oxley Act, and ordered North American Stainless to pay Thompson $1.2 million in damages.
2. Ward v. Trombley
In 2006, the U.S. Court of Appeals for the Sixth Circuit heard the case of Ward v. Trombley. The plaintiff, in this case, Matthew Ward, was employed by the defendant, Troy Trombley, as a salesperson at a commercial fishing company. Ward was fired after he refused to sign a non-compete agreement with Trombley.
The court ruled that Ward’s termination was in violation of public policy, and ordered Trombley to pay Ward $300,000 in damages.
3. Stephenson v. Dow Chemical Co.
In 2003, the U.S. Court of Appeals for the Fifth Circuit heard the case of Stephenson v. Dow Chemical Co. The plaintiff in this case, Kenneth Stephenson, was employed by Dow Chemical as a plant manager. Stephenson was fired after he raised concerns about possible environmental violations at the company’s plant.
The court ruled that Stephenson’s termination was in violation of the Federal Environmental Protection Agency’s whistleblower protections, and ordered Dow Chemical to pay Stephenson $4 million in damages.
How to prove wrongful termination
When an employee is wrongfully terminated, they may have a few options to pursue legal action against their former employer. The employee can file a complaint with the Equal Employment Opportunity Commission, file a lawsuit in state or federal court, or both.
To prove wrongful termination, the employee must show that the termination was unlawful under state or federal law. The employee must also show that they were actually terminated from their position and that the termination was not due to voluntary resignation or other circumstances.
If the employee can prove that the termination was unlawful, they may be able to recover damages from their former employer. These damages can include lost wages, benefits, and compensation for emotional distress. The employee may also be able to obtain reinstatement to their former position.
Grounds for filing a wrongful termination lawsuit
The first thing that you need to do is to consult with an experienced employment lawyer to see if you have a case. There are many different grounds on which a wrongful termination lawsuit can be filed, and an experienced attorney will be able to tell you if you have a case. Some of the most common grounds for filing a wrongful termination lawsuit include:
– Violation of an employment contract
– Discrimination or harassment
– Retaliation
– Violation of public policy
If you believe that you have been wrongfully terminated, you should not hesitate to consult with an experienced attorney. You may have a case for wrongful termination, and the sooner you consult with an attorney, the better.
How often do employers settle out of court?
According to a recent study, employers settle out of court in about two-thirds of all workplace discrimination cases. settlements typically range from $15,000 to $80,000.
There are several reasons why employers may choose to settle out of court. First, it can be cheaper and less time-consuming than going to a trial. Second, employers may want to avoid the negative publicity that can come with a trial. And third, settling out of court allows employers to keep the details of the case confidential.
Of course, not all employers choose to settle out of court. Some may feel they have a strong case and want to take it to trial. Others may not be able to afford a settlement. And in some cases, the victim may not be interested in a settlement and wants their day in court.
How to file a wrongful termination lawsuit
There are a few different types of wrongful termination, and each one has a different filing process. For example, if you were fired due to discrimination, you would need to file a discrimination claim with the Equal Employment Opportunity Commission (EEOC). If you were fired in retaliation for reporting harassment or illegal activity, you would need to file a claim with the Occupational Safety and Health Administration (OSHA).
The first step in filing any kind of wrongful termination lawsuit is to consult with an experienced employment lawyer. They can help you understand your rights and the best way to proceed with your case. If you have a strong case, they can help you file the necessary paperwork and represent you in court.
Wrongful termination lawsuits can be complex and time-consuming, but if you have been wrongfully fired, it is important to know that you have legal options available to you.
Potential outcomes of a wrongful termination lawsuit
No one ever expects to be wrongfully terminated from their job. But, if it happens, it is important to know what your options are. A wrongful termination lawsuit can have many potential outcomes, including reinstatement, financial compensation, or both.
If you are considering filing a wrongful termination lawsuit, it is important to speak with an experienced employment law attorney to discuss your case and what outcome would be best for you.
FAQ
What constitutes wrongful termination?
Wrongful termination occurs when an employee is terminated for reasons that are not allowed by law. There are several reasons that could constitute wrongful termination, such as discrimination based on race, gender, or religion; retaliation for reporting illegal activity; or breach of contract. If you believe you have been wrongfully terminated, you should consult with an experienced employment lawyer to discuss your options.
Whats the most you can get for wrongful termination?
Any wrongful termination claim will first and foremost require documentation of the circumstances that led to the employee‘s firing. Once this documentation has been gathered, the employee will need to file a claim with the appropriate state or federal agency. If the claim is successful, the employee may be awarded back pay, reinstatement, and/or damages. The amount of these awards will depend on the specifics of the case.
Who has the burden of proof in wrongful termination?
In any legal proceeding, the burden of proof is always on the person bringing the claim. So, in a wrongful termination case, the employee would have to prove that they were fired without cause. To do this, they would need to show that they were treated differently than other employees who committed similar offenses, or that they were fired for a reason that is not allowed by law. If the employee can prove these things, then they may be able to win their case.
What should I ask for in a wrongful termination settlement?
There is no one–size–fits–all answer to the question of how much you can expect to receive in a wrongful termination settlement. The best way to find out is to consult with an experienced employment law attorney who can evaluate your case and give you an estimate of what you may be able to expect.
Conclusion
If you have been wrongfully terminated from your job, you may be able to file a lawsuit against your employer. To succeed in a wrongful termination lawsuit, you will need to show that your employer violated your contract or employment law. If you can prove that you were wrongfully terminated, you may be able to recover lost wages and get your job back.