Being fired or laid off can bring new challenges, making you wonder when your next paycheck might be and whether you have any legal claims against your employer.
Luckily you have options. Consulting with an employment lawyer from Bogin, Munns & Munns can help you determine if there was an illegal reason for termination. Our Titusville wrongful termination lawyer can also help state facts of the situation, qualify your claims, and help determine how to proceed with your case.
Was My Termination in Brevard County Legal?
Most employees are classified as at-will, meaning you can quit or be fired at any time with or without notice or cause. Although, you cannot be fired for an illegal reason. There are some expectations to the at-will rule, which can help you either keep your job or potentially sue for wrongful termination.
A Written Contract
If you have signed a written contract with your employer to assure job security, you could have a strong case stating you are not an at-will employee. Some contracts will outline reasons for being fired.
Breaching Good Faith
Your employer may have breached the duty of good faith if:
- Termination happened to stop you from being able to collect the commission of a sale
- Giving false hope for a promotion and wage increase
- Falsifying a reason to fire you so you can be replaced with someone who will work for a lower wage
- Being coerced to complete undesirable or even unsafe assignments
Talking with our wrongful termination lawyer can help you determine if a good-faith exception can be applied to your situation.
Ignoring Public Policy
It is illegal to violate public policy as a reason for termination. Examples of exercising your legal rights are:
- Taking time off to vote or serve on a jury
- Needing to take time off to fulfill service in the military or National Guard
Other reasons for termination regarding a violation of public policy are:
- Refusing to commit an illegal act, such as falsifying reports or documents
- Reporting illegal misconduct you witnessed
Public policy standards can vary by region and talking with your employment lawyer can help you determine if your reason for wrongful termination is a violation of public policy.
Discrimination
There are precise rules and timelines to be followed for discrimination claims. Being fired for your national origin, gender, race, color, religion, age, disability, or pregnancy is discrimination. If you believe you were fired because of your genetic or personal information, you should talk to our employment lawyer as soon as possible.
A complaint of discrimination with the state or federal agency must be completed before you can take your employer to court.
Retaliation
Workplace retaliation can be when an employer punishes you for participating in a legally protected activity. Retaliation can be firing, demotion, or being denied a raise, the opportunity to transfer to a different position or team, or even being refused the ability to participate in training or learning opportunities.
If you are suspicious of retaliation, speak with your supervisor or a representative from the human resources department about the reasons behind the actions. Our lawyers can help support you with a scheduled meeting by guiding you with questions to ask.
Fraud
Proving your employer acted maliciously and intentionally can be hard to do. You must have specific details documented such as: how, when, to whom, and what means the false portrayals were made.
Character Assassination
To sue for defamation, you must prove your previous employer made either false statements or statements with negative intentions to at least one other person which caused you anguish. Statements made must be factual, false, injurious, or unprivileged information.
These statements could have resulted in wrongful termination or prevented you from being hired by a new employer.
To consult with an experienced wrongful termination lawyer serving Titusville
(855) 780-9986
Collect Documents Related to Your Termination
Being able to have documents related to your termination is crucial if you are planning to take legal action over the loss of your job. Even if you are wanting to protect your workplace rights, such as applying for unemployment benefits, having documentation that your employment was terminated for reasons beyond your control can help aid with the proof you need. Here are some examples of documentation to collect:
- Note the date, time, and location of the conversation(s), who was there, and any witnesses of work-related comments
- Ask for a written explanation of the reason you were fired
- Request a service letter
- Write a letter of understanding
- The claim of unemployment compensation
Keeping all relevant documents organized easily will help our lawyers evaluate your case when you are meeting to discuss your wrongful termination.
Our Attorneys Can Help You
Experiencing unexpected unemployment can be stressful and overwhelming. Our attorneys can investigate what happened and provide you with options for you to take action. We will gather evidence supporting your statements using the information you gathered, records we can obtain from your employer, and any statements from interviews we conduct.
We will help file your claims while negotiating and advocating for you. If necessary, we can represent you in an employment and labor lawsuit.
We Will Ensure You Meet State and Federal Guidelines
It is vital we follow the time restrictions for the state of Florida. According to Florida Statutes § 95.11(3)(a), for a personal injury case, you have four years to file a lawsuit. However, employment and labor cases do not precisely follow that guideline. A complaint must be made to the U.S. Equal Employment Opportunity Commission (EEOC) within 180 days of your termination. Although, there are certain circumstances that can extend the timeline.
Talking with your lawyer will help you determine if your deadline can be extended. Regardless of the timeline to file, it is best to file as soon as possible.
Titusville Wrongful Termination Lawyer Near Me
(855) 780-9986
Contact our Titusville Wrongful Termination Lawyers Today
Dealing with a workplace conflict involving employment termination can be challenging, which is why it is essential to have someone on your side who understands the law and knows how your case should be handled.
Bogin, Munns & Munns can advise you on how best to handle your situation and how to proceed. Contact us today so we can help you take action.
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