Wrongful termination and retaliation in the workplace are serious offenses that can significantly impact an employee’s life, career, and mental well-being. In many cases, employees who have been wrongfully terminated or retaliated against may be unsure about their legal rights or how to pursue justice. An experienced employment lawyer can help employees understand their rights, navigate the legal process, and seek compensation for any harm caused by wrongful termination or retaliation.
What is Wrongful Termination?
Wrongful termination occurs when an employee is fired or forced to resign under illegal circumstances. While most employees in the U.S. are considered “at-will” employees, meaning they can be terminated for any legal reason or no reason at all, there are important exceptions. Some of the most common reasons for wrongful termination include:
- Discrimination: Firing an employee based on race, gender, age, disability, religion, or other protected characteristics violates federal and state anti-discrimination laws, such as Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA).
- Retaliation: An employee cannot be fired for exercising their legal rights, such as filing a discrimination complaint, reporting illegal activity, or taking medical or family leave under the Family and Medical Leave Act (FMLA). Retaliation is illegal under both federal and state laws.
- Violation of Employment Contract: If an employee has a contract that specifies conditions for termination, firing an employee in violation of that contract can constitute wrongful termination.
- Public Policy Violations: Employees cannot be fired for reasons that violate public policy, such as refusing to engage in illegal activities or taking leave for jury duty or voting.
If you believe that you were terminated for any of these illegal reasons, an employment lawyer can help you understand your legal options and guide you through the process of pursuing a wrongful termination claim.
What is Retaliation?
Retaliation occurs when an employer punishes an employee for engaging in a protected activity, such as reporting harassment, discrimination, or illegal activity in the workplace. Retaliation is illegal, and employees are protected under various federal and state laws from being punished for asserting their rights. Some common examples of retaliation include:
- Firing or Demoting an Employee: If an employee is fired or demoted after filing a complaint about discrimination, harassment, or safety violations, it may be considered retaliation.
- Disciplinary Action: Taking disciplinary action against an employee for engaging in protected activity, such as reporting misconduct or filing a workers’ compensation claim.
- Harassment or Exclusion: If an employee faces increased harassment, exclusion from projects, or other forms of mistreatment after engaging in protected activity, it can be a form of retaliation.
Employees who experience retaliation for engaging in protected activities have the right to file a claim and seek compensation for the harm caused by the employer’s actions. An employment lawyer can help you protect your rights and take action against unlawful retaliation.
How an Employment Lawyer Can Help with Wrongful Termination and Retaliation Claims
Employment lawyers play a crucial role in helping employees assert their rights and pursue claims for wrongful termination or retaliation. Here’s how an employment lawyer can assist you:
- Case Evaluation: An employment lawyer will review the details of your case and evaluate whether your termination or retaliation meets the legal criteria for wrongful termination or retaliation. They will explain your rights and help you determine the best course of action.
- Gathering Evidence: A key component of wrongful termination and retaliation cases is collecting evidence. Your lawyer will help you gather essential documents, such as performance reviews, communications with your employer, witness statements, and any other evidence that supports your claim.
- Filing a Claim: If necessary, your lawyer will assist in filing a formal complaint with the Equal Employment Opportunity Commission (EEOC), your state’s labor agency, or taking legal action in court. They will ensure your claim is filed within the required timeframes and all necessary documentation is submitted.
- Negotiation and Settlement: Many wrongful termination and retaliation claims can be resolved through settlement. An experienced lawyer will represent you in settlement negotiations, advocating for a fair settlement that compensates you for lost wages, emotional distress, and other damages.
- Litigation Support: If your case cannot be settled, your lawyer will represent you in court, presenting your case to a judge or jury. They will use their experience to build a compelling argument and fight for the compensation you deserve.
Why You Should Hire an Employment Lawyer for Wrongful Termination and Retaliation Claims
Taking legal action against your employer for wrongful termination or retaliation can be a challenging and emotional process. Here’s why hiring an employment lawyer is crucial:
- Legal Expertise: Employment lawyers have a deep understanding of the laws that protect employees from wrongful termination and retaliation. They know how to navigate the complexities of these cases and will ensure that your legal rights are upheld.
- Protection from Retaliation: Employees who report wrongful termination or retaliation may fear further retaliation from their employer. An employment lawyer will help protect you from additional harm and ensure that you are treated fairly throughout the process.
- Strong Legal Representation: An employment lawyer can help you gather evidence, prepare your case, and present it effectively to maximize your chances of success. Their legal experience can help you achieve the best possible outcome, whether through settlement or litigation.
- Peace of Mind: Taking legal action against your employer can be overwhelming, but with an experienced employment lawyer by your side, you can have confidence that your case is in good hands and that your interests will be fiercely protected.
How Castronovo & McKinney Can Help You
At Castronovo & McKinney, Employment Law Attorneys, we are committed to helping employees who have been wrongfully terminated or retaliated against by their employers. Our team of experienced attorneys understands the emotional and financial impact of these issues and works tirelessly to help our clients seek justice and recover the compensation they are entitled to.
Whether you were wrongfully terminated for reporting discrimination, harassment, or other illegal activity, or faced retaliation for exercising your rights, we are here to fight for you. Our team will provide compassionate and personalized legal support and work aggressively to ensure that your case is resolved in your favor.
Why Choose Castronovo & McKinney?
Here are some reasons why clients trust Castronovo & McKinney with their wrongful termination and retaliation claims:
- Proven Success: We have successfully helped numerous clients obtain fair compensation and justice in wrongful termination and retaliation cases.
- Experienced Legal Team: Our lawyers have years of experience handling complex employment law cases and are well-versed in both federal and state laws that protect employees.
- Compassionate Client Care: We understand the emotional toll that wrongful termination and retaliation can cause, and we offer compassionate, responsive legal support to guide you through the process.
- Aggressive Representation: Whether negotiating with your employer or representing you in court, we are committed to fighting for your rights and securing the compensation you deserve.
Contact Castronovo & McKinney Today
If you believe you’ve been wrongfully terminated or retaliated against, don’t wait to take action. Contact Castronovo & McKinney for a free consultation. Our experienced team of employment lawyers will review your case, explain your legal options, and help you take the necessary steps to seek justice and fair compensation.
For more information or to schedule a consultation, visit Castronovo & McKinney, Employment Law Attorneys or call us at 973-920-7888 (Morristown) or 646-755-3781 (New York).
