Wrongful Termination Suits
It’s important for employers and employees alike to know what wrongful termination actually is. Essentially it’s when an employer or employment agency terminates an employee for reasons that don’t make logical sense to the employer. For instance, if you are working as a teacher and one of your colleagues is constantly leaving class early, this would be considered “wrongful termination”. If that colleague continues to take late classes and continues to not show up for work, this is also wrongful termination.
When there are wrongful termination suits, there are two main areas of law that they address. The first area is that of damages. In many cases, the plaintiff is seeking monetary damages from their former employer as a form of compensation for not having been able to continue working. This can be calculated either through a loss of income, medical expenses, emotional distress, etc. In addition to monetary damages, an employer may be liable for wages lost, physical disability if an employee has been disabled for a reason related to their employment, and other types of out-of-pocket expenses.
Another area of law where wrongful termination suits address is employment law. In many instances, the former employee has alleged discrimination based on some protected areas of employment law. For instance, if an employee has filed a charge of discrimination based on their race, age, gender, religion or even membership in a protected class, their former employer is required to respond. The employer may have tried to settle the matter outside of court, but if the case makes it to court, their defense may include denying liability. Often times, a former employee who has filed a charge of discrimination will attempt to have the issue heard by the Employment Relations Authority, or ERAA. The EEA’s role is to ensure that any claim of discrimination is filed timely and in a timely fashion so that it can be reviewed by the courts.
Why Have Wrongful Termination Suits Become So Much Fuss?
Perhaps one of the most common complaints in these cases involves a wrongful termination suit. If the employee feels that they were unfairly dismissed from their job for some reason, such as complaining about an upper level employee’s discriminatory comments, or if they believe that they were sexually harassed during the time that they worked for the company, they can often file a claim. Often times, the employees who file the claims are retaliation victims, meaning that they have been harassed or made uncomfortable because of their sexual orientation or race. Many times an employer will argue that there is not a basis for discrimination and that the employees’ complaints are still being taken in retaliation. The employee’s defense will often try and have the claim reviewed by the EEAs’ equal employment opportunity division.
Attorneys handling these cases will take a look at all of the facts surrounding the case and then will consult with their client’s legal team to evaluate whether or not a lawsuit can be successfully brought forward. It is very common for attorneys to refuse to take on cases that they feel are too complex or have a remote chance of success. But there are also many law firms that are willing to take on wrongful termination suits even when it means pursuing the case in court and spending a bit more money.
In most cases, the best way to avoid having to litigate these types of lawsuits is to make sure that you know your rights and don’t hire anyone without clearly explaining the employment practices in place. You may think that you have no grounds for a lawsuit, but it’s always better to be safe than sorry. Lawsuits like these are usually very expensive to litigate so it’s best to try to avoid them as much as possible. If you have any fears about filing a claim, you should contact an experienced employment law attorney to discuss your concerns.
