How to Find an Attorney for Wrongful Termination

An attorney for wrongful termination will evaluate the events leading to your termination, documentation, and help you seek appropriate compensation.

You have just been let go from a job you loved and really needed, and you aren’t sure why it happened. You don’t think it was fair, and you’re not sure what to do about it.

There are reasons a company can legally fire you, but there are also reasons why your firing may be illegal and you do have recourse.

What you should not do, after being given that “pink slip” is to vent at work, lash out at your manager or coworkers, make threats, or send angry emails. The situation calls for being calm and rational, and thinking through the process, considering what steps you should take to move forward.

If you do need to let out your frustrations, do it away from the office. Talk to your spouse and friends. Make some notes about what happened to refresh your memory later on. But don’t include them in emails.

Then, put together an action plan for yourself.

Learn About Wrongful Termination

What is wrongful termination?

First, do some legal research on the subject of wrongful termination. There are various federal and state laws that apply to employment issues. Learn about the federal laws as well as those in your own state.

Find out if any of the legal descriptions fit your particular case. There are many kinds of wrongful terminations, and you just might find that you have a case.

Here are a few examples:

• Discrimination: you cannot be terminated on the basis of the employee’s race, gender, national origin, disability, religion or age.
• Retaliation: you cannot be fired for “asserting your rights.”
• Refusal to take a lie detector test: you cannot be fired for refusing to take a lie detector test.
• Alien status: you cannot be fired on the basis of your alien status, as long as you are legally able to work in the U.S.
• Employee complaints about OSHA violations: you cannot be fired for making a complaint about an OSHA violation, like unsafe or unhealthy working conditions. This has been referred to as the “whistleblower” protection.
• Violations of public policy: most public policy laws protect you from being fired because you refused to commit an illegal act, complained about an employer’s illegal act, or exercise your legal rights.

Document Your Case

If you are considering finding a lawyer to help you, and you have done some research to have a pretty good feeling that your firing may have been illegal, you should start gathering the information a lawyer would find valuable.

Did you have a written contract or another statement that promised you job security? You may have been given a document that stated you could only be fired for good cause or for reasons stated on the contract. If you were fired for any other reasons, you probably have a good case.

If you think you were fired to prevent you from collecting sales commissions, or you think the boss just wanted to replace you with a lower pay employee, you may have a case of what is called “breach of good faith and fair dealing.”

If you were falsely accused of sexual impropriety or harassment or falsely accused of failing to do your job or failing to follow safety rules, you could have a case.

Write a timeline of events as you remember them and include all relevant information including computer files, memos, documents, and any comments your boss may have made to you. Include names of any witnesses and write down any comments they may have made. Any evidence you can gather will help your attorney build your case.

Find An Attorney Near You

Now that you have information that you think will back up your case, it’s time to get legal representation. A lawyer can help you determine what your losses are, also called damages, from the termination. These may include lost pay, lost benefits, increased medical expenses, and possibly emotional distress. Lost pay includes the period of unemployment until you are (or expect to be) rehired, and at the same rate of pay. Benefits include medical plan coverage, bonuses, stock options, 401K plans, and more.

Your attorney can help you calculate an estimate of your losses in each category.

There are many areas of law that are related to employment and many law firms that specialize in handling wrongful termination.

When you start looking for the right attorney for you, make sure to ask about fees. There is certainly a financial strain when someone is fired, and many wrongful termination attorneys will represent you on a contingency basis, meaning you owe no money up front but agree to pay a percentage of any settlement.

If you are looking for a single service, like having an attorney look over a severance agreement or filing a claim for unpaid wages, you may want to find one who charges an hourly fee.

While attorneys also work on a retainer basis and handle all legal matters for their clients, this is most often done with businesses, although some individuals do retain attorneys for all legal assistance.

Many law firms offer unbundled services and perform specific legal actions on request. Some attorneys use mixed charges of hourly and specific action. When looking for a lawyer, ask what services are provided and how fees are structured.

Your attorney can help you calculate an estimate of your losses in each category.

The best way to find the right attorney in the field of employment law and wrongful termination is through a certified attorney referral service that can hear your complaint and suggest the most qualified attorney who can help you.

Find an attorney referral service near you to begin the dialogue that will turn your wrongful termination into a positive recovery for you.

Plan for the Future

After your legal situation plays out and is resolved, you should consider what happens going forward. You will be talking to new companies and potential new employers. You will want to explain what happened at your previous company.

You may want to ask your attorney to help you draft a brief letter of explanation you can present to potential employers, sharing enough information without using any that is confidential.

Now that you have gone through the process, maintain your awareness of your new employment situation and the laws that govern the workplace. You may be in a better place, knowing what to look for and how to protect yourself with a full knowledge of the law and your rights.