Winton Strauss Law Group, P.C.

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How a termination can be deemed 'wrongful'

Being terminated from a job, whether it was a firing or as part of lay offs, is never fun. Anyone in that situation is going to be upset and have thoughts centered on whether they were treated fairly or not. Some of these people have legitimate reasons to feel aggrieved.

It is important to fully consider your case though before you proceed with a wrongful termination claim. The first question to ask is whether your firing truly was "wrongful." A wrongful termination requires the employer to illegally terminate someone, such as by violating the terms of a contract, utilizing discriminatory rhetoric or reasoning for the termination, or retaliating against an employee for lodging a complaint or claim against the employer.

If these circumstances are involved in your case, then you should discuss things with an experienced employment law attorney as soon as possible. You should also become familiar with your employment contract, any documents you signed when you were terminated and any severance packages that you may have been offered as a result of your termination.

Wrongful termination cases can carry a wide array of penalties and consequences for the offending company. Some could even face jail time depending on the circumstances. However, for most cases, damages are usually the penalties that are used in the case. This means that the plaintiff, if his or her case proves to be true, will be entitled to financial compensation for a variety of factors, including potential earnings and future earnings as a result of the termination.

Source: FindLaw, "Wrongful Termination Claims," Accessed Aug. 1, 2016

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