Being terminated significantly impacts your mental, physical, and financial well-being. Concerns about your family and uncertainty may arise as you search for a new job. However, when the termination is unjust, the effects of the termination can fall back to the company if you decide to pursue a claim for wrongful termination.
If you have suffered from wrongful termination in Southern Missouri, contact Privette Law Office today. The attorneys at Privette Law Office provide a free consultation to get started with reviewing your wrongful termination. We are dedicated advocates with experience and knowledge about filing and standing up for your rights.
What is wrongful termination?
In Missouri, most employees are at-will employees, meaning employees or employers can end the employment relationship at any time for any lawful reason, including because of the employee’s performance, fit with the employer, or because the employer needs to implement layoffs to reduce costs. Wrongful termination is a claim employees make when their firing was due to an illegal reason or breached the employment contract.
How does wrongful termination occur?
Wrongful termination tends to occur when one of the following occurs:
- Discrimination
- Retaliation
- Breach of employment contract
Discrimination
Federal and Missouri state laws prohibit discrimination based on several protected classes in employment, including:
- Race
- Religion
- Gender and gender identity
- National origin
- Disability
- Age
- Sexual orientation
- Pregnancy
In wrongful termination cases, the worker alleges that the employer terminated the employee because of the employee’s membership in one of the protected classes per Missouri or federal law.
Retaliation
Federal and Missouri rules and laws also prohibit retaliation against workers that exercise a legal right. Those legal rights include:
- Whistleblowing, which is when the employee reveals the illegal or fraudulent activity that the company is engaged in
- Filing a complaint or claim with the company or a government agency, which includes complaints based on discrimination, wages, hours, or health and safety, and claims such as a worker’s compensation claim
- Engaging in union activities, which includes forming a union or working with the union
- Completing jury duty
Furthermore, employers may not fire a worker in retaliation for refusing to execute an unlawful activity. The act of retaliating by firing the employee may be considered wrongful termination.
Breach of Employment Contract
Employment contracts may specify what must occur if the employer seeks to terminate your employment. In these cases, if the employer fails to follow the procedures defined in the contract for termination, there can be a claim for wrongful termination based on a breach of the contract.
What should I do if I face wrongful termination?
If you believe you have experienced wrongful termination, contact Privette Law Office today. Seeking legal advice can help you determine if you have a claim for wrongful termination. The wrongful termination lawyers at Privette Law Office can also help you file your wrongful termination claim and fight to get back what your employer owes you.
If you believe your employer is preparing to terminate you, document any incidents leading to the termination. Gather evidence to support your claims, including performance reviews and names of witnesses to specific incidents. If your claim involves discrimination, ensure you file claims in writing with your human resources department.
What happens after I decide to pursue my wrongful termination claim?
Once you hire Privette Law Office, we will work on your behalf to gather documents, witness statements, and other information to help prove your claim of wrongful termination. If necessary, we will begin by filing claims with the U.S. Equal Employment Opportunities Commission and/or Missouri Commission on Human Rights. The wrongful termination attorneys will negotiate with the employer to resolve the claims.
If a settlement is not possible, we will file your wrongful termination claim in the appropriate state or federal court. Throughout the litigation, we will be your advocate and fight for your rights.
What happens if I win my wrongful termination claim?
If we win your wrongful termination claim, typically, you may:
- Be reinstated
- Receive back pay for any wages your employer failed to pay you and for the time after you were wrongfully terminated
- Obtain compensation for lost benefits and any expenses associated with searching for new employment
- Obtain compensation from the employer for any emotional distress, humiliation, or other suffering you experienced because of the wrongful termination
Privette Law Office will work with you and experts to determine an amount to request to compensate you for the harm of the wrongful termination. Then, we will work to negotiate with the employer to receive this amount.
How can Privette Law Office help me?
The Southern Missouri wrongful termination lawyer of Privette Law Office will help you navigate the numerous state and federal laws to identify if you have a claim for wrongful termination. The various laws also have several deadlines to consider as we pursue your claims. We will work to ensure we meet those timelines. And if you have not been terminated yet, but believe you will be, Privette Law Office can advise you on your next steps.
Contact Privette Law Office today to schedule a free consultation to get more information about how we can handle your wrongful termination claim.