No one expects to be fired from their job. The news often comes as a shock; however, an employee may have an underlying fear that an employer terminated them as retaliation. The cause or reason may or may not seem clear at first, but having this understanding could bring light to a wrongful termination.
Often, a firing could occur without reason. An at-will employee may not need cause to terminate; however, an employer cannot breach an employment contract or violate state or federal law when they fire an employee. If this occurs, a wrongful termination claim could ensue.
Wrongful termination claim
The basis for a wrongful termination claim is that a company illegally fired you, and because of that, you are seeking damages caused by this unlawful act. This often includes back pay, compensatory and other expenses arising from the matter and legal action. And in some cases, the lawsuit seeks a reinstatement of their job.
Often, wrongful termination claims settle out of court. This is often due to the unpredictable nature of trials and the desire to reach a resolution that considers the opinions and wants of each party. For employers, a settlement is often desired because they want to avoid the possibility that potentially damaging information about the company could be revealed during trial.
Settlements and valuation
If your wrongful termination claim settles, several factors are used to determine the monetary value of your claim. This includes factors such as length of service, your position, title and job duties assigned, your salary or hourly rate, the number of hours typically worked in a week, whether commission or bonuses were routinely earned, the fringe benefits received, expenses accrued since losing your job and any damage to your reputation resulting from your firing.
Based on the above factors and the terms of the settlement, various types of damages could be recovered. This includes lost wages, medical expenses, loss of professional credibility, emotional distress, expenses related to job searching, punitive damages and attorney fees. Other damages involved could include loss of future income, lost benefits and other related damages.
If you believe that you were wrongfully terminated, you have options and rights. A wrongful termination claim could help you prove illegal termination and help you recover compensation for the losses and damages suffered.