A wrongful termination lawsuit allows individuals who may have lost their jobs due to unfair conditions to seek out a court decision. This type of case can take some time, often as long as a year or more, depending on the details of the case. Working with a North Charleston wrongful termination lawyer at Shelly Leeke Law Firm will help expedite the case as much as possible.
Factors that Impact a Wrongful Termination Case
In a wrongful termination case, the terminated employee must demonstrate that the employer violated a law or their rights in some way and that they deserve compensation as a result. The first step in this process is proving you have a case, and then there is the need to go through the civil lawsuit process. Consider the following factors that play a role in how long a case like this may take:
- The employer is not willing to settle. In situations where the employer agrees to settle the case with the wrongfully terminated employee, the process can be much faster, resulting in weeks to months. If the employer is unwilling to settle, it can take much longer to get through the court process.
- Employees must prove that discriminatory factors applied. Proving that the employer engaged in some type of discriminatory or other wrongful act that led to the termination is challenging. Finding evidence to back up these claims can be hard and time-consuming.
- The other party has the right to discovery. Another key factor in a wrongful termination case is the employer’s legal right to pursue an investigation through the discovery process, which can further prolong the process.
The court system is not quick, and it is not meant to be fast. Rather, it is critical to ensure you have all of the evidence available to back up your claim and to make it abundantly clear what your losses are. This helps to minimize the risk of the employer not settling in a fair manner and having to go to court, so be sure to read through our FAQs to learn more.
Your Wrongful Termination Attorney Can Help Speed Up the Process
To be clear, there is no fast way to navigate a wrongful termination case, as these cases will require the same legal steps to filing a lawsuit. However, having a wrongful termination attorney available to you can greatly help improve your case outcome. The key is knowing what your rights are and working with an attorney who is passionate about helping you recover your damages.
- Your attorney will provide clear evidence of what happened. Attorneys will take on these cases with the objective of having as much evidence as possible to back up claims. Doing so minimizes the risks of going to court. Data such as statements from witnesses or documentation of abuses helps to build your case.
- Attorneys will work with victims to uncover discrepancies, not just in their cases but also to determine whether other employees may have suffered such losses.
- Your attorney will negotiate with the employer or related insurance company to determine if a settlement is possible.
Settling your case may be the ideal situation to speed up the compensation and recover your damages. However, if the insurance company will not settle or the employer refuses to work with you on an agreement, it is likely that you will need to go to court. You should not settle your case if you do not feel you are being compensated fairly for your losses. Review our case results to see our record of obtaining positive case results for our clients.
Let Your Attorney File Your Claim and Pursue Legal Action
To ensure your case is treated with respect and that you recover damages owed to you, hire a wrongful termination attorney with experience to guide you through the legal process. Let your attorney file your claim, document your rights, and clearly outline your right to recover, helping to minimize the risk of complications. A skilled attorney will guide you in your work to minimize the risk of complications in your case.
When to Consider Filing a Wrongful Termination Case
Being fired is never easy, and in most cases, it is not illegal for an employer to terminate employment for an employee who violates company policies or does not meet objectives. However, in situations where you are terminated for illegal reasons, you should seek legal action with the help of a wrongful termination attorney in South Carolina. This includes instances such as:
- Discrimination: If you were fired due to discrimination, including in relation to race, age, sexual orientation, gender, or other protected classifications under the Equal Employment Opportunity Commission, seek out an attorney to guide you when determining who is protected from employment discrimination.
- Contract breach: Wrongful termination may also occur in situations where the employer breaches a legally binding contract.
- Harassment: In situations where you may feel you have been terminated as a result of or while being harassed, it may be critical to utilize the guidance of an attorney to provide you with legal action.
- Disability: If you lost your job because of your disability, and you believe the actions of your employer violated disability laws in the US, seek legal guidance.
- Retaliation: It is not legal for an employer to terminate employment as a form of retaliation, such as reporting illegal acts or filing a complaint with the state or federal government against the employer.
The complexity of these cases is critical to understand, and as a result, it is best to work with a well-qualified attorney to guide you through the legal process. If you are not sure if you have a case, contact an attorney who can help you determine your rights. This will give you some idea of the length of time it will take for you to pursue legal action.
Contact Our Wrongful Termination Attorneys to Learn More About Your Rights
The Shelly Leeke Law Firm is committed to providing victims with the legal guidance they need in complicated employment-related matters. If you believe you were wrongfully terminated, contact our offices now. Request a free consultation to discuss your case with our North Charleston wrongful termination lawyer.
