Wrongful termination occurs when an employer fires an employee without a just cause or violates applicable laws. It can be a devastating experience for an employee, making them question the validity of their work and creating a financial burden.
If you see signs of wrongful termination, seek legal advice from a South Carolina wrongful termination lawyer immediately.
If you believe you have been wrongfully terminated, you might wonder how to prove wrongful termination. Wrongful termination can take various forms, each with specific legal requirements for proof.
Whether you believe you have experienced a breach of contract, a defamation claim, or some other type of wrongful termination, keep reading to learn more about proving your claim.
Laws Protecting Employees Against Wrongful Termination
In South Carolina, state and federal laws protect employees against unjust firings or layoffs. Legal recourse can be taken against the employer if a wrongful termination occurs. For example, employees cannot be fired for discrimination against protected characteristics like gender, race, age, or religion.
South Carolina is an at-will employment state, which allows employees to quit at any time and for any reason, and employers can terminate an employee at any time and for almost any reason.
Many people believe wrongful termination claims cannot be filed because of the concept of at-will employment. However, specific exceptions to the at-will doctrine protect employees from wrongful termination.
At-will employment does not allow an employer to fire an employee based on discriminatory reasons, contract violations, retaliation against reporting illegal or unsafe activities, or other examples.
If you believe you have been wrongfully terminated due to employer discrimination or another reason, contact the offices of Shelly Leeke Law Firm today.
Our South Carolina employer discrimination lawyer can help you understand how you prove wrongful termination and determine if you have a claim.
Understanding the Types of Wrongful Termination
There are various types of wrongful termination that can occur, depending on an employee’s specific circumstances. While many states like South Carolina follow an at-will employment doctrine, allowing employers to terminate employees for any reason or no reason, there are exceptions.
Specific laws, such as those prohibiting discrimination or retaliation, can limit an employer’s ability to terminate an employee at will. Some examples of wrongful termination include:
- Breach of contract: If your employment contract outlines specific termination conditions and your employer violates those terms, you may have a claim for breach of contract.
- Discrimination: If your employer fires you due to discrimination against a protected characteristic such as race, gender, color, sex, religion, or nationality, you may have a discrimination claim.
- Retaliation: If you are fired from your job for reporting an on-the-job injury, discrimination, illegal activity, safety violations, or the like, you may have a wrongful termination claim.
- Constructive discharge: If your employer creates a hostile work environment that forces you to quit, you may have a claim for constructive discharge. This is essentially a forced resignation due to intolerable conditions.
- Defamation: If your employer makes false and damaging statements about you after your termination, you may have a defamation claim.
- Public policy: In South Carolina specifically, wrongful termination may be claimed if an employer fires their employee because the employee refused to break the law on the employer’s behalf, refused to be an active participant in illegal activities, or if they complied with the illegal behavior and were still terminated.
- Military leave: If you have taken military leave, your employer is required to give you up to five years of unpaid leave. If your employer fires you while you are on leave or refuses to give you your position at the end of your military service, you have a wrongful termination claim.
If any of these sound similar to what you have experienced, contact a wrongful termination lawyer at Shelly Leeke Law Firm to discuss your case.
With our help, you will have a stronger chance of successfully proving a wrongful termination. You may also be entitled to various legal remedies such as back pay, reinstatement, or punitive damages.
How to Prove Wrongful Termination
Wrongful termination can be difficult to prove, depending on the type and circumstances. To successfully prove wrongful termination, you will need to demonstrate that your employer violated specific laws or your employment contract.
Working with a wrongful termination lawyer from Shelly Leeke Law Firm can help you gather evidence and examine your case for important details to help prove your claim.
Gathering evidence can start with reviewing your employment contract for any relevant provisions and examining the company’s handbook and policies for guidelines and procedures regarding termination.
Any documentation such as performance reviews, disciplinary actions, or complaints you filed. Witnesses may also come into play if they can corroborate your claim or provide information about your employer.
Be sure to save any emails, letters, and communication related to your employment or termination. These will all help prove wrongful termination. A lawyer can help you build a strong case based on evidence like these.
Legal Remedies for Wrongful Termination
If your wrongful termination lawsuit is successful, you could receive compensation for various damages. Your South Carolina wrongful termination attorney will carefully evaluate your case to determine the specific losses you’ve incurred and estimate a potential settlement amount. You may be awarded one or more of the following types of damages:
- Compensation for any benefits you would have received if you had not been wrongfully terminated.
- Lost wages or compensation for the income you would have received if not for your termination.
- Emotional distress or damages for the emotional harm caused by the employer’s actions against you.
- Job search expenses and reimbursement for costs incurred while looking for a new job.
If your employer intentionally violated the law by firing you, you may be eligible for punitive damages. These damages are intended to punish the employer and deter similar behavior in the future.
Under the South Carolina Legislature, punitive damages are capped at three times the amount of compensatory damages awarded, or $500,000.
Get Help from Shelly Leeke Law Firm with Your Wrongful Termination Case
Do not delay getting started on your case. Contact our offices today to discuss if you have a wrongful termination claim. We will answer any of your questions.
