What Is Wrongful Termination?
Wrongful termination is an umbrella term to describe an illegal firing of an employee due to a protected characteristic or a protected activity. If you are asking yourself how much do I have to pay a wrongful termination lawyer, then this guide may help you.
Protected characteristics include age, race, disability, sexual orientation, pregnancy, and religion. On the other hand, a protected activity is when an employee participates in a judicial proceeding or investigation or the employee reports a violation of law. For example, if the employee reports sexual harassment or an OSHA violation and is fired for doing so, he or she may have a wrongful termination claim.
However, you must prove that the termination was substantially motivated by discrimination or retaliation because of a protected characteristic or activity.
How Do I Prove Wrongful Termination?
Rarely will an employer explicitly state that a termination was due to a discriminatory reason. In fact, most employers hide the real reasons for termination behind smoke and mirrors. Nonetheless, there are strategies and evidence that can help prove that an employee was wrongfully terminated. These include:
- Written correspondence between the employee and the employer (supervisor or boss)
- A timeline of events that suggests the employee was fired wrongfully
- Comments or remarks by supervisors that evidence wrongful termination
- Other behavior that suggests wrongful termination
While these pieces of evidence are not the only ways to prove your case, they can help by identifying indirect ways you have been discriminated against.
Can I Still File A Wrongful Termination Lawsuit If I Was An At-Will Employee?
At-will means that your employer can terminate you for almost any reason. However, your termination cannot be motivated by discriminatory or retaliatory reasons. At will employees have workplace rights. Do not let greedy employers fool you into believing that because you are at will, they can fire you any time they want.
Can I Sue For Wrongful Termination If I Quit?
Believe it or not, you can still sue for wrongful termination even if you quit. California recognizes a “constructive discharge” cause of action. Constructive discharge (i.e. termination) occurs when an employer makes the work conditions so unreasonably difficult that employees are forced to resign.
Since the employee’s departure was not really voluntary, the court treats the resignation as a termination. Under constructive termination, the employee may quit over one horrible event or over a series of incidents. Generally, the person who claims constructive discharge must resign shortly after the event that gave rise to the unreasonable working conditions.
Do I Have to Pay Out Of Pocket For An Employment Lawyer To Represent Me?
Most people are accustomed to the high-rates big-shot attorneys charge for their services. But that’s not how we operate here at the Miracle Mile Law Group. We work on what is called a contingency basis. This means that our clients do not pay single penny out of their pocket to file a wrongful termination lawsuit. Therefore, don’t get stuck asking yourself how much do I need to pay a wrongful termination lawyer.
Our firm fronts all the costs associated with filing a wrongful termination lawsuit. This includes filing fees, deposition costs, trial costs, expert witnesses, and other costs associated with your case. Once the case is over, these costs will be reimbursed to the lawyer.
That being said, our lawyers are selective on the cases we take on. This ensures that if we take on your wrongful termination case, we are confident we can procure a favorable outcome either by settlement or verdict.
How Does A Wrongful Termination Lawyer Make If They Don’t Charge Me Out Of Pocket?
Since we work on a contingency basis, our lawyers here at Miracle Mile Law Group only get paid if and when we settle your case or win at trial. After obtaining a favorable outcome, our attorneys usually take a percentage of the compensation we receive on your behalf.
Contingent fees allow the common man the opportunity to pursue their workplace rights. If contingent fees were not available, it’s likely that most employees would not have the funds to pursue their wrongful termination case in the first place. However, because of the high risk, our attorneys will only take wrongful termination cases that have good merit.
Do I Need a Lawyer to Sue for Wrongful Termination?
If you believe that you have been wrongfully terminated from your job, contact the Miracle Mile Law Group as soon as possible by filling out the online form or calling (888) 244-0706. Your attorney will be able to advise you of your rights, help determine your best options, and represent you against your ex-employer.