Memphis Wrongful Termination Lawyer
Have you been wrongfully terminated? You may have been wrongfully terminated if your employer fires you in violation of an employment agreement or the law. Employees who have been wrongfully terminated may be able to recover their job, back pay, compensatory damages, and other expenses in a successful lawsuit or wrongful termination settlement. Because wrongful termination claims can be difficult to prove and are unpredictable, the best option for the employee and employer is to seek settlement. If you believe you have been terminated wrongfully, you will have to prove that you were terminated for impermissible reasons, such as being part of a federally protected classes like race. color, religion national origin, sex, age disability; whistleblowing or reporting harassment. Employers will likely present evidence that there was a valid reason for the firing, such as poor work performance or violation of a company policy. In addition to the uncertainty of a trial, damaging information about the employer could be disclosed to the public during trial. That would be a public relations nightmare for any company.
The value of a wrongful termination depends on a number of factors which vary from case to case. The court has to take into account the employee’s lost wages from the date of termination to present. The loss of benefits is also calculated when determining lost earnings. For example, if a fired employee must fund their own health insurance after termination, the employer may be liable for these out of pocket expenses. Maybe an employee had other benefits like stocks and a company matched 401K. These lost benefits go to the value of the wrongful termination suit. Additionally, employees who have experienced anxiety, depressing, or other emotional suffering as a result of their termination may seek compensation for this emotional distress. Recovering for emotional distress is most likely in cases where the alleged actions were especially egregious, as in claims of harassment or discrimination. An employee’s ability to reduce the effects of a wrongful termination by finding another job will be taken into account. Any income whether from a new job or unemployment benefits will affect the value of a wrongful termination suit. Future wage loss can also be factored in when an employee has been unable to find work. If you feel you have been wrongfully terminated, please contact an experienced employment attorney who can address your concerns.