Wrongful Termination Facts
Employees hold a set of rights in the workplace. If your rights – or someone else’s you know were violated as the result of a wrongful termination, you may want to contact legal representation to help you work through the details of your particular situation. Should you have to take legal action, let LawCapital help you financially while you await the resolution of your case. Contact us about financing today.
Generally, employers have new employees sign a contract stating that the employment situation is “at will,” which means that the employer has the right to fire an employee for any reason, or no reason. Similarly, the employee may leave for any reason, or no reason, without fear of being sued by the employer. However, the “at will” concept does not allow employers to fire for illegal reasons. If an employee is fired for an illegal reason, or the termination is outside of a previous agreement, such as a union collective bargaining agreement, the fired employee may be able to sue for wrongful termination.
In addition, most states treat “constructive termination” like wrongful termination. Constructive termination happens when an employer changes the original job description or working conditions to such an extent that the situation becomes intolerable for the employee.
FreeAdvice.com, an online reference for the public, outlines four basic theories on which a wrongful termination lawsuit might be based. These are:
- wrongful termination in violation of an express agreement to only fire for cause;
- wrongful termination in violation of an implied agreement to only fire for a cause;
- wrongful termination in violation of public policy and/or in violation of a state or federal statute or constitutional provisions; and
- whistleblowing claims.
Government employees may operate under slightly different rules than the private sector regarding wrongful termination, so it is always best to consult an attorney before deciding to bring a lawsuit against a former employer.
After working for a large homebuilder for ten years, Douglas Pautsch, Jr.’s employment as president of the Central Valley division in California was terminated. Pautsch filed a wrongful termination complaint, alleging that his firing was a result of his questioning a new bonus plan, and the company incorrectly calculating the bonus due to him.
Retaliation against an employee is often the basis for wrongful termination claims. Jason Myers, former NASCAR mechanic, claimed that his employer fired him in retaliation for following procedures outlined in the Family Medical Leave Act (FMLA).
LawCapital specializes in the funding of settled and pre-settled wrongful termination lawsuits. During the funding process, LawCapital requests some of the case documentation, underwriting evaluates the lawsuit to determine whether funding can be extended, and if approved, a contract is issued for the injured party and his/her attorney to sign. The injured party’s attorney then repays the lien when the case is resolved. All funding is non recourse, which means that if for any reason, there is no recovery on the case, then no money is owed back.