{"id":1709,"date":"2018-03-01T18:45:55","date_gmt":"2018-03-01T18:45:55","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/az-labor-employment-law\/?page_id=1709"},"modified":"2023-11-11T17:45:45","modified_gmt":"2023-11-11T17:45:45","slug":"handles-wrongful-termination","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/az-labor-employment-law\/blog\/handles-wrongful-termination\/","title":{"rendered":"What Kind of Lawyer Handles Wrongful Termination?"},"content":{"rendered":"
Wrongful termination usually involves a breach of federal, state, or local employment laws, so it\u2019s best to work with an attorney who specializes in employment law. Most cases of wrongful termination are settled outside of court, but large cases with significant damages can go to trial. If you believe there\u2019s a good chance your case will require going to court, you\u2019ll want to choose an employment law attorney who has experience with litigation.<\/p>\n
Arizona is an at-will employment state, which means that the employment agreement between employers and employees is voluntary. Employees are allowed to quit at any time, and employers are allowed to terminate employees for any reason that isn\u2019t illegal. Unfortunately, that doesn\u2019t leave much protection for employees, as employers can terminate employees for performance, attendance, misconduct, poor fit, or even something as broad as \u201cnot working out.\u201d To be wrongfully terminated, an employee needs to lose their job because of one of the following illegal actions:<\/p>\n
If you suspect you have been wrongfully terminated by your employer, it\u2019s important to consult with an employment law attorney who can review your situation, determine if you have a case, and help you seek the right type of action against your employer. You should consider hiring an attorney if any of the following circumstances apply:<\/p>\n
Employment law attorneys can also help you file a complaint with the Department of Labor\u2019s Wage and Hour Division (WHD<\/a>), the Equal Employment Opportunity Commission (EEOC<\/a>), or the Occupational Safety and Health Administration (OSHA<\/a>). You are required to submit a federal complaint before filing a civil suit against your employer, and it\u2019s helpful to have an attorney that can help you present a strong case in both the federal complaint and your civil case.<\/p>\n <\/p>\n The following federal laws may apply to your wrongful termination case under certain conditions:<\/p>\n A release of claims waiver is a legal document that forfeits your right sue your employer. Many employers require terminated employees to sign release waivers before receiving their severance package. Some employers offer two severance packages, and the employee can receive the higher package if they voluntarily sign a release waiver. If you suspect that you have been wrongfully terminated, you should consult with an attorney before you sign a release waiver. Once signed, these documents are extremely difficult to undo, even if your employer is guilty of violating employment laws.<\/p>\n In a wrongful termination lawsuit, you may be entitled to damages such as lost wages, lost benefits, higher medical expenses, and in some cases emotional distress. All of these damages will be calculated based on the time between your termination and when you accept a new job with similar compensation, or when you are expected to be rehired at a similar rate of pay. Punitive damages rarely apply in wrongful termination cases. Most successful wrongful termination actions are settled outside of court, usually by reaching a lump-sum settlement or increasing the employee\u2019s severance package.<\/p>\n The state of Arizona is a great place to live and work, but knowing the employment laws will help you a lot. Whether you are a newcomer to the state or a lifelong resident, understanding your workplace protections is good for your career, and the more you know, the better.<\/p>\n <\/p>\nWhich federal laws can apply to wrongful termination?<\/h2>\n
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What is a release of claims waiver?<\/h2>\n
Types of recovery in a wrongful termination case<\/h2>\n
Need Help With An Employment Law Issue?<\/h2>\n