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Wrongful Termination Archives

Proving retaliatory firing may mean getting creative

Many employees suspect that a former employer terminated them unfairly, but not all believe that they have sufficient grounds to pursue legal action against the employer for wrongful termination or retaliation. In order to prove that a particular firing was retaliatory, a former employee must first meet three standards.

Strengthening your wrongful termination claim

If you believe that you were recently wrongly terminated from your job, there is a chance you can bring a successful wrongful termination suit and find justice — but even in a successful scenario, you're a long way from the finish line. In the meantime, the actions you take now may help you weather this difficult season well or dismantle your claim. Be sure to consider how your actions may affect the fair settlement you may choose to seek.

3 elements required to prove retaliatory firing

You took a stand, stuck your neck out for what you believe is right, and now you're pretty sure that you got fired for it. Retaliatory firing is absolutely unlawful. But, how can you prove that your firing was retaliatory? It is doubtful that any employer would freely admit to a retaliatory firing, after all.

Was my termination retaliatory?

For as impersonal as they often seem, employers are made up of human beings, each as fallible as the next person. In many cases, an employer may fire an employee for unacceptable reasons, and if the employee does not choose to fight for fair treatment, the firing will simply go unchallenged. The truth of the matter is that some employers simply take action because they believe they can get away with it. It is the responsibility of the employee to stand up to this kind of abuse of power, especially when it comes to retaliatory firings.

Beware severance packages in wrongful termination situations

In an age where silver linings often seem hard to come by, you may think that getting an offer of a severance package if your employer lets you go is a great blessing. While this may be true, it's also a red flag that your employer is trying to buy your silence and cooperation if you were mistreated.

Wrongful termination and employment agreement violations

When most people think of wrongful termination, they generally envision an employer discriminating against an employee when firing them, or letting someone go as retaliation for speaking up about poor work conditions or violations of regulations. However, some wrongful terminations are far less personal or even intentional. If your employer fired you in violation of your employment agreement, this may also constitute wrongful termination.

College president fights back after firing

Wrongful termination can happen in just about any setting, not only the public business sector. Recently, right here in New Jersey, the president of a college and an attorney for the institution filed a lawsuit alleging that they were let go after looking into financial issues within the school. According to the suit, the plaintiffs claim that the Board of Trustees colluded to oust the two after they raised concerns about certain conduct within the financial department, some of which may have even qualified as criminal.

New Jersey company forced to pay after unfair firing

Many times, when an employee is let go, they may feel as though they were wrongfully terminated but have no real recourse to fight for their rights — especially if they were terminated by a large employer. However, no employer should be let off the hook for a legitimate wrongful termination, and there are specific laws that protect employee rights when this does happen. Sometimes, what you really need is a strong legal team willing to stand up for the employee's rights.

Was I wrongfully terminated after my injury?

If you lost your job after filing a workers' compensation claim for an on-the-job injury, you may be justifiably angry. After all, your injury occurred on the job, and isn't it illegal to fire someone after filing a worker's compensation claim? Unfortunately, there is no automatic yes-or-no answer to this dilemma, and the circumstances of your injury have a great deal to do with how your employer may respond to your injury and recovery.

Was your employment contract violated when you were terminated?

When a person believes that he or she has been wrongfully terminated, that often means the employee believes he or she has faced some form of discrimination or that the employer illegally retaliated against the employee for reporting a safety or procedural violation. However, some forms of wrongful termination are more technical and possibly less about an interpersonal conflict. If you have an employment contract, then there may be specific provisions in the contract that dictate how you may be terminated, and what that termination would trigger as a result. If you were terminated in a way that violated your contract, this can also be a form of wrongful termination that is legally actionable.

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