A wrongful dismissal lawyer is a lawyer that represents employees that have been accused of discrimination in the workplace. If an employee feels that they have been unfairly dismissed from their job, the first step is usually to file a charge of discrimination with the Equal Opportunity Employment Commission or EEOC. If a person feels they have been wrongfully terminated from their position, they may also file a complaint with the EEOC and then proceed with a trial if they wish. There are two major factors a trial will be decided on: whether the employer had a legitimate reason to fire an employee and whether there was a severance pay that should have been paid. If either of these issues are not resolved, the employee may proceed to file a lawsuit.
Employment lawyers will help an employee to prove that they were unfairly dismissed from their job. For this to happen an employee must provide enough evidence to justify the termination. The employer may have a legitimate reason for terminating an employee such as: they were just finishing up with another ten years of college and couldn’t find a new job; they just hired someone they think would be better suited to the job; they just don’t like working with the person. All of these are valid explanations for an employee losing their job, but if there is not a reasonable notice of dismissal before the date of the trial then the employee has more than likely been wrongfully discharged from their job.
Punitive damages and monetary damages can also be awarded at trial. Punitive damages are awards that will cover expenses for advertising and any other expenses that are awarded by the court to an employer because of the employee’s wrongful dismissal. Monetary damages are the award that is given to the employee for any monetary losses they incur because of their employer’s conduct. This can include things such as medical expenses. An employer may also be ordered to pay wages or benefits to employees that have been disabled from work because of the employer’s negligence.
How to Locate a Proven Employment Lawyer For Your Unfair Dismissal
Depending on how long it takes to conclude an investigation, the court may end up finding in favor of the employee. This is why an employer needs to hire a skilled attorney to conduct a thorough review of the case in order to ensure that the claim being filed against them will hold up in court. Often times a trial can be lengthy and very complicated. The employee and their attorney need to be sure that they do not waste any time, money, or resources. During the consultation the employee’s lawyer will conduct a thorough examination of the case in order to determine whether there was a valid termination reason and whether there is any personal injury that occurred as a result of the wrongful dismissal.
The employer will also need to be aware of any other applicable statutes and case law. The employee’s attorney will make sure that their client received a fair and reasonable settlement in the court. In the state of Texas, a two-year statute of limitations known as thems. Humphrey gives the employees an additional six months after the date of the notice of wrongful termination, to bring their case for damages.
If you feel that your employer has behaved in an unfair and prejudiced manner towards you and have been unfairly dismissed, you may be able to seek reinstatement. However, be aware that you cannot bring claims for unfair treatment while still within the three year period of the statute of limitations. Therefore, you need to consult an experienced wrongful dismissal attorney immediately you suspect you have been discharged unfairly. It is not unheard of for an employer to simply deny you any employment benefits while you are under investigation. An experienced Texas Employment Contract Attorney can prevent such conduct from occurring.