Wrongful termination occurs when an employee is fired from their job in violation of the law or an employment agreement. It means the dismissal was illegal or unjust, rather than simply being a result of poor performance or business needs. Wrongful termination can either be on the basis of your membership in a protected class or because you have reported misconduct. When you have been the victim of wrongful termination, you may be eligible for compensation if you file a lawsuit and win. In some cases, you may even be able to get your job back.
What Can I Do When I Have Been Wrongfully Terminated?
You can take legal action against your employer when you have been wrongfully terminated. Here, you must show that your termination was the result of illegal action. You must take the proper steps to put yourself in the strongest possible legal position.
The first step that you must take is to hire an employment law attorney as soon as possible after you have been terminated. They will investigate the circumstances of any discrimination or wrongful conduct and help determine whether you have grounds to file a lawsuit against your employer. They can also work with you to determine the remedy that you are seeking, whether it is financial compensation, reinstatement to your position, or both.
Why May It Be Difficult to Obtain Direct Proof of Wrongful Termination?
If you decide to file a lawsuit against your employer, you have the obligation of proving that there was wrongful conduct. Your employment law attorney will ask that you gather and retain all evidence helpful to your case that is available to you. They will also conduct their own investigation of the circumstances to compile additional proof that you need to win.
You may be able to obtain legal relief when you are able to prove that there was a wrongful motive for your termination. Here, you will never quite get direct proof from your employer that you were wrongfully terminated. They will always have some sort of reason to cover their own tracks, and it is up to you to penetrate that defense to show what really happened. It is possible to win a wrongful termination lawsuit when you are able to come up with circumstantial evidence that supports your case because you rarely have direct proof.
Why May It Be Difficult to Be Reinstated, Even if I Win?
In reality, it is rare for a court to order you to be reinstated to your job. You may not even want to return to a traumatic situation in which you were previously mistreated. More often, the remedy for wrongful termination is for you to receive full compensation for the damages that you have suffered. Being reinstated to your job is a form of injunctive relief that courts may hesitate to grant when there is monetary relief available to you in the form of damages. A judge typically prefers to award monetary damages as the sole remedy when there has been a wrongful termination.
Nonetheless, if you really want your old job back, it is possible to petition the court for an injunction for reinstatement. A judge will consider the circumstances and decide what remedy to allow you. It may be possible to get both financial compensation and reinstatement to your job.
South Jersey Wrongful Termination Lawyers at The Law Offices of Leo B. Dubler, III, LLC, Can Help
If you believe that you have been illegally let go from your job, speak to the South Jersey wrongful termination lawyers at The Law Offices of Leo B. Dubler, III, LLC. We can help determine whether it makes sense for you to ask for your old job back in addition to seeking compensation for wrongful termination. You can schedule a free initial consultation with a South Jersey wrongful termination attorney by contacting us online or by calling us today at 856-235-7075. We have offices in Mount Laurel and Atlantic City, New Jersey, and we serve clients in the surrounding areas.