Wrongful termination is an act in which an employer fires a worker illegally. There are many reasons why it is against the law to end a worker’s employment. If you believe you were fired without cause, consult with a North Charleston wrongful termination lawyer, and you may be able to sue for damages.
With over a decade of legal experience, the Shelly Leeke Law Firm understands the challenges plaintiffs face in lawsuits. We are available to review your wrongful termination case and discuss your legal options with you. Contact us to learn more.
What Is Wrongful Termination in South Carolina?
In South Carolina and other U.S. states, wrongful termination happens when an employee is fired for a reason that falls outside federal rules and regulations. You could have grounds for a wrongful termination lawsuit if you are fired due to discrimination. Other reasons why you may be able to sue for being wrongfully terminated include:
Retaliation
Retaliation occurs when you report workplace harassment and are fired shortly afterward. Or, you submit a workers’ compensation claim then get fired. In either of these scenarios and many others, you may have been fired as retaliation, which is illegal.
Breach of Contract
You have a written or verbal contract in place with your employer. In spite of the fact that you comply with the pact’s terms and conditions, your employer fires you. At this point, you may be able to prove you worked in accordance with the agreement and can sue based on a breach of contract and wrongful termination.
Reporting a Safety Violation
You tell your employer about a safety issue and expect the problem to be addressed right away. Alternatively, your employer chooses to end your employment. This represents a wrongful termination.
The Shelly Leeke Law Firm has helped clients achieve outstanding results in wrongful termination cases. We can teach you what wrongful termination is and provide tips and recommendations on how to deal with the aftermath of being fired illegally. Schedule a free case consultation with our team.
How to Respond to a Wrongful Termination
It is frustrating to have to take legal action following a wrongful termination. Regardless, it may be in your best interests to do so, since this may allow you to recover damages from your employer. Here are tips to help you respond to different types of wrongful termination.
Discrimination
Notify the U.S. Equal Employment Opportunity Commission (EEOC). You can file a report with EEOC and tell the commission about the discrimination by type you faced. This can lead to an investigation, which may allow you to get a settlement from your employer.
Retaliation
Report the incident involving retaliation to the Occupational Safety and Health Administration (OSHA). You can complete an OSHA online whistleblower complaint form. Grounds for this type of complaint being the victim of retaliation if your employer took adverse action against you for reporting a safety issue.
Termination for Exercising Your Legal Rights
File an employment complaint with the South Carolina Human Affairs Commission. You have up to 180 days to notify the commission about a wrongful termination. A wrongful termination attorney can explain the process of how to file employment complaints in detail.
When in doubt about how to deal with a wrongful termination, request legal help. Hire an attorney who has received positive testimonials from clients involved in wrongful termination cases. This lawyer can build an argument that proves you are the victim of a wrongful termination and, as such, help you secure damages.
Wrongful Termination Case Tips
A wrongful termination lawyer can answer frequently asked questions about the legal process and what can happen during your case. They can also share tips to help you during this process. Tips your attorney may provide include:
Collect Evidence
Use witness statements, your personnel file, communications with your employer, and other evidence to strengthen your argument. If you have a compelling body of evidence, it may lead your employer to open settlement negotiations. This may allow you to receive a fair settlement.
Document Incidents Leading Up to Your Wrongful Termination
Create a timeline of incidents that took place before your termination. This may help you show what happened that prompted your dismissal. Your timeline could make it clear that your termination was the result of something you did — and that your employer’s response violated your legal rights.
Communicate and Collaborate with Your Lawyer
Be honest with your lawyer about your case and share any legal concerns or questions you have with them. Your attorney understands what a wrongful termination is, and they will provide insights into everything it entails. On top of that, they can help you make informed decisions as the legal process moves forward.
Be diligent as you pursue your case. Your lawyer can assist you every step of the way, helping you achieve your desired case results as quickly as possible. In one of the best-case scenarios, you may get a settlement that allows you to resolve your case outside the courtroom.
Settling a Wrongful Termination Case
Your employer may have concerns about the long-lasting ramifications of your case. These may lead your employer to propose a settlement. You do not have to approve a settlement, but doing so can be beneficial in some circumstances.
By accepting a settlement, you may recover damages in less time than what is required if you bring your case to court. The settlement can cover your attorney fees, lost income, and other damages. It may compel your employer to adopt meaningful changes to prevent workplace harassment and similar legal violations in the future.
On the other hand, you may feel strongly about your case and want to seek justice from an employer that violated your legal rights. Accepting a settlement may not be an option in this scenario. Fortunately, your lawyer understands your needs, and they will do everything they can to help you throughout your litigation.
Get Legal Help with Your Wrongful Termination Case
The Shelly Leeke Law Firm offers legal guidance and support to those who were wrongfully terminated. Give us the opportunity to evaluate your case, and help you through this difficult time. Request a free case consultation today.
