Wrongful Termination Employment Lawyer: Frequently asked Questions

If you have been wrongfully terminated from your job then you can take legal action for seeking justice. Hiring a wrongful termination employment lawyer can greatly help in this regard.

But what exactly does a wrongful termination attorney does? What are your legal options to fight the injustice meted out to you by your employer? What exactly is classified as wrongful termination? Yes, these are all valid questions that can come in the mind of the victims. The legal jargon used to explain law-related matters may further confuse the victims rather than help them take the right lawful action.

So, here are some frequently asked questions to help the victims understand the matter of wrongful termination properly.

What is wrongful termination?

If an employer terminates the employment of an employee or worker without a just cause; it is termed as wrongful termination.

Unjust causes can be –

  • Discrimination based on race, gender, sexual orientation, nationality, religion, disability, age, political views, pregnancy, or marital status. If an employee is terminated for one of these reasons then is it unlawful.
  • Retaliation or threats of legal action by employees who have experienced sexual harassment in the workplace can also be the reason for terminating an employee. The reasons given in such situations are something else; such as lack of performance.
  • Whistleblowers are often fired as they publicly exposed something unlawful happening in their organizations.
  • Those who file claims for wrongful termination, discrimination, or harassment are also often fired from their jobs as a retaliatory action by the employers.
  • Employees are also often fired if they decide to not participate in illegal or unlawful practices of their organizations.

The termination will be unlawful as per the laws in your state. Wrongful termination laws can differ from one state to another. So, it is important to find the right information about it as per your location.

Can an independent contractor file a claim for wrongful termination?

No, since independent contractors are not actually employees of the organization; they cannot file a claim for wrongful termination. But if you have been misclassified as one then you may have a case. But ensure that you are aware of the laws regarding it in your state.

Can an employee file a wrongful termination claim against a supervisor?

It will depend on your state’s wrongful termination laws. For instance, in California, you can only file a claim against your employer even if it was your supervisor who fired you from the job. If your supervisor was responsible in other ways such as sexually harassing you and then terminating you in retaliation; you may file a different claim against that person.

When should a wrongfully terminated employee hire an attorney?

Wrongfully terminated employees must hire an attorney without delay. Depending on your location; there may be a statute of limitations on wrongfully terminated cases. So, it is important to consult with an attorney as soon as possible and file a claim.

If you suspect that your employer may fire you based on unjust reasons; then don’t wait for it to happen. Consult with an attorney to know your next steps. Your attorney may guide you about what to do in case you decide to file a claim in the future. For instance, your attorney may advise you about recording calls between you and your employer henceforth or keeping details of meetings between you two.

What is constructive discharge?

Constructive discharge or dismissal is when an employee is not able to work anymore in the company due to changes made to the organization’s policies or their employment. For instance, the changes can be regarding work timings, the use of advanced technology, increased workload, decreased pay, and reduced status. The employer, in such cases, won’t officially fire an employee from the job. But they would make it difficult for the employee to continue to work in the company in the same capacity as before. Constructive dismissals are high-risk cases. So, it is important to consult with a wrongful termination employment lawyer before any sort of retaliatory action.

Things to Remember Before Contacting an Employment Lawyer

Have you faced discrimination due to age, sex, race, religion, disability, or pregnancy in your workplace? Have you not been paid the minimum wage, denied payment for overtime work, or refused paid vacation, paid sick time off, and family medical leave? Have you had to make do without the legally mandated meal and rest breaks?

Have you had to put up with sexual harassment, retaliation, and unfair demotion? Have you been laid-off or have to deal with wrongful termination? If you have experienced any of these workplace issues, it may be time to get in touch with a Glendale employment lawyer and take a proactive step in protecting your rights as an employee.

Before contacting the employment lawyer in Glendale, however, here are a few things you should remember:

You must be sure that you have a legal case

While you may have a legitimate grievance against your employer, it has to hold up in court. Undertake some research and make sure that it will. You can even visit a few lawyers who offer a free consultation and get their expert opinion on the matter.

You must be clear about why you are filing the legal case

Are you filing the case because you want your employer to reinstate you in the company? Or because you hope to win a sizable financial settlement? Or for other reasons of justice? Since it could turn out to be a long-drawn battle, and you will need to stand your ground to get justice, you must begin with a strong motive.

You need to have credible evidence for your legal case

To convince the court of the legal legitimacy of your legal case, you need to back it up with credible evidence. Make a point of saving email, messages, and other correspondence with your employer. If possible, record your telephone calls. Maintain a diary record of the employer’s actions against you, including time, place, and witnesses. Get statements from the witnesses and any work records that prove your case.

You should find similar cases to get an idea about the likely outcome

There may be people you know or people you can look up who took the legal route to resolve issues similar to yours. Find out what the results were of these cases. You may not necessarily have the same outcome, but it can give you a better understanding of how the legal system works and what you can reasonably expect.

You should find out about legal costs and additional expenses

The employment lawyer in Glendale may take your case on a contingent basis, which means you need to pay them the legal fees only if they win it. You don’t have to pay them anything if they lose. However, you will still have to pay for additional expenses, such as filing fees, witness fees, expert fees, travel expenses, and so on. It could add up to a lot altogether, so it is best to have an idea of the amount at the start.

You should research the lawyer and their track record with similar legal cases

Before contacting the employment lawyer in Glendale, take some time to find out how competent and reliable they are. Have they won many similar cases, or have they gone for a settlement each time? The latter may not be a good sign, as it may signify they are more willing to settle than seek justice. You might also want to talk to their past clients about their experience of working with them. Last but not least, you should make a list of questions to ask when you visit their law firm. The employment lawyer in Glendale should be willing to answer these and clarify everything that you do not understand about employment law. They should also be readily accessible in person, on the phone, and via email. You want a lawyer who is ready to believe in you and be with you every step of the way in the case against your employer. They should be willing to take the matter to trial if it is not possible to reach an acceptable settlement and do everything legally possible to uphold your rights as an employee.

Why Hiring a Car Accident Lawyer is a Good Idea?

The aftermath of a car accident can be traumatic, especially if you have sustained severe injuries and need to be hospitalized or receive extensive medical treatment. At the same time, you may have to handle accident-related legalities, including filing an injury claim if you were not at fault. You must file it within 24 hours of the accident, or you may become ineligible to receive any compensation. However, if you are not in the mental and physical condition to deal with such matters, you should hire a skilled Joliet car accident lawyer to do them for you.

Here’s why hiring a car accident lawyer is a good idea:

• The lawyer will have a sound understanding of accident-related laws and will determine if you need to file a first-party claim or third-party claim. They will contact your insurance company in the first case and the responsible party’s insurer in the second.

• The lawyer will collect and organize the evidence for accident liability. That can include medical reports, X-rays, medical prescriptions, medical bills, eyewitness reports, photos of your injuries, and photos and videos of the accident, the accident vehicle, and the accident site. The evidence can also include proof of job loss or missed workdays, missed special events, travel expenditure, and so on.

• To gather the evidence, the lawyer will communicate with your doctor, the police officers on the scene, the accident eyewitnesses, and any other involved parties.

• The lawyer will discuss your case with the insurance company’s claims adjuster and negotiate a fair settlement.

• The lawyer will protect your interests when the insurance company is investigating your claim. Along with advising you on the statement that you will need to make to the claims adjuster, the lawyer will review the medical authorization form that the insurance company will give you. It will be necessary to ask them to make changes if it gives them unfettered access to your healthcare records. You don’t want them to look at health issues that are not related to the accident and possibly use those to try and deny your claim.

• If any insurers have liens on your insurance claims, the Joliet car accident lawyer will negotiate with them to accept a reduced amount. Insurers, who have given you disability, health, or workers’ compensation benefits, must legally receive payment from the accident settlement before you can.

Do you need a car accident lawyer?

Of course, you may not need a Joliet car accident lawyer if you have emerged relatively unscathed from the accident and know enough of the law to handle matters yourself.

Car accident lawyers generally operate on a contingency basis. That means you will need to pay them only if they win the injury claim for you and get you an acceptable settlement. However, if you win, you will have to pay them around one-third of the settlement amount. Additionally, whether you win or lose, you will have to pay them the expenses incurred in gathering evidence and preparing the case. If you prefer to save on making these payments, it may make sense to take things into your own hands.

However, be warned, without a competent Joliet car accident lawyer to look out for your interests, you might not prevail with the formidable legal teams that insurance companies unleash to limit their payouts. Saving their money is one of the principal operating goals of insurance companies, and they may try to fob you off with a minimum amount of settlement if they can get away with it.

It is, therefore, crucial to carefully consider your situation. In the long run, it might prove more expensive for you if you don’t hire a car accident lawyer. You may need long-term medical treatment, therapy, and medications for the accident-related injuries, and your mental trauma and debilitating physical injuries from the accident might also make it impossible to hold a well-paying job.

To deal with the financial burden from these issues, it is only fair that you receive adequate monetary compensation for your pain and suffering. By hiring a Joliet car accident lawyer to represent you in the case, it may be possible to get the reparations that you deserve.

Why Do You Need a Lawyer for Unpaid Wages?

The California employment law is clear on minimum wages. If your employer has 25 or fewer employees, you are entitled to a minimum hourly rate of $10, and a minimum hourly rate of $10.50 if your employer hires 26 or more employees.

Of course, these rates can vary to an extent in different cities, with higher payments possible in some areas, such as in Los Angeles. However, some employers may ignore the law and try to force you to work for less than what is legally mandated. Or they may even refuse to pay you altogether.

You will need to consult an unpaid wages attorney in such a situation. The attorney will review your case and offer you a free evaluation. You can then decide if it will be worthwhile, time-wise, and financially, to pursue the case and hire them to represent you.

If you decide to go ahead with your case, here’s why you will need a lawyer for unpaid wages:

The unpaid wages attorney knows the fine points of employment law

It may seem obvious, but it is important to stress it still. The federal and state laws and regulations regarding employment and the payment of wages can be rather complicated. Further, they can change over time. Unless you have an in-depth understanding of current legal matters, it will be in your best interest to go with an experienced and capable professional with up-to-date knowledge of the employment law in your state and city.

The unpaid wages attorney will have a strong grasp on the provisions of the Fair Labor Standards Act and an understanding of how these might apply to your particular profession. After assessing your situation, they will determine if you should proceed with a lawsuit. For instance, you might not have a clear-cut case. Or, your employer may not have violated any state or federal laws.

If you do have a case, they will advise you to fill it with the state labor department or in court, depending on what is more advantageous. They will also inform you of the legal disadvantages either way. Additionally, they will let you know about their legal fees, any additional costs, and the amount you could recover in damages.

The unpaid wages attorney will examine your case and collect relevant information

To present your case in court or with the state labor department, it is necessary to have the records of your employment tenure, work hours, and overtime earnings. Employers have to keep this information on record for at least three years, by law, and your attorney can obtain it from them.

However, if they haven’t done so, the unpaid wages attorney will have to gather the evidence by speaking with your co-workers, other employees, and any other connected individuals. They will also collect information about the work conditions, the work environments, and your employer’s treatment of workers.

The unpaid wages attorney can negotiate with your employer for your unpaid wages

After examining your work records, the unpaid wages attorney will be able to determine if your employer has made any illegal deductions or not paid for overtime work. They will also check if you got compensated for work-related travel, work safety gear, work breaks, and paid vacations.

They will create a list of unpaid wages and present it to your employer. If possible, they will try to work out an out-of-court settlement. Otherwise, they will take the matter to court or the state labor department.

The unpaid wages attorney will take legal action to protect your legal rights

Many employees are reluctant to file a case for unpaid wages against their employer for fear of losing their job or suffering a backlash at the workplace. While these are genuine concerns, you do have legal protection against them in the Fair Labor Standards Act. Along with protecting workers’ rights, the Act penalizes employees for any threatening or harassing behavior. Your attorney will take legal action, in such a case, to safeguard your rights. Hiring the right unpaid wages attorney can make a significant difference in how you ultimately prevail in your case. Along with protecting your rights, they will make sure you receive full compensation for your work.

Five Reasons Why Lawyers Should Invest in SEO

Search engine optimization (SEO) is the need for all businesses today irrespective of industry and category. Without a good SEO strategy, your prospective clients cannot find you via organic searches. If they can’t find you then it means they are not likely to come to you for your services.

So, in this day and age, even lawyers need to invest in SEO. One cannot only depend on word-of-mouth or referrals these days. SEO for lawyer can help your business website rank higher in search engines and offer you greater visibility over your competitors.

Consider these five reasons why lawyers should invest in SEO.

Targeted Traffic

Targeted traffic is one that is relevant to your business. It is no use if more people see your digital advertisements but don’t really need your service. Even if they visit your website out of curiosity, such traffic is not likely to convert into business.

SEO for lawyer will mean your website is optimized for specific keywords that directly relate to your business. When someone searches using those keywords, your website will appear on the search engine result pages (SERPs). The better your SEO strategy; the higher your ranking will be for one or more keywords specific to your firm’s focus.

Increased Conversions

Targeted traffic increases the possibility of increased conversions. When prospective clients reach out to you via organic means, you can focus on face-to-face consultations with them and try to convert them into your paying clients. These prospective clients will be those who actually require your services. Otherwise, they wouldn’t have searched for services in your legal category in the first place.

SEO helps clients come to you without you wasting any time on marketing your business. You can utilize this time into converting prospective clients into your paying clients and increase your business.

Heightened Credibility

Higher ranking on leading search engines is a surefire way to strengthen the credibility of your business. People truly rely on popular search engines and if you land at the top of their first page then this can be truly excellent for your law firm. It will help you bolster your law business.

Those who are looking for a specific service online tend to give a lot of weight to the first few search results on any search engine. Higher rankings help businesses present themselves as the leading company in their service category. So, if you are a personal injury lawyer then a higher search ranking can help you enhance the credibility of your business. Higher-ranked websites are considered more reliable and professional. So, you can definitely utilize it for your law firm.

An Edge over Competitors

Almost all businesses are utilizing the power of SEO. If you skip out on it then you are essentially losing an edge over your competitors. In today’s world, if your website doesn’t show up on the first page of a search result then you are likely to lose out on business. People searching for specific services are not likely to look beyond the first result page.

If your direct competitors are not investing in SEO, you automatically gain an edge over them. SEO is not replaceable even if you invest in other types of marketing strategies or advertisements. SEO helps you by bringing only those to your website who are actually in need of your services. So, if you are a trial attorney then those looking for may find you via organic online searches. Any lawyer, thus, not investing in SEO will lose out on genuine business.

Cost-Effective Investment

SEO is a really cost-effective investment. By investing just a little bit of money, you can expect tremendous results in terms of increased website traffic and improve your prospects of converting the visitors into your paying clients.

SEO can help your law firm beat the competition in terms of more visibility, more paying clients, and ultimately more business. You can expect a robust ROI from a dedicated SEO strategy. You can hire a professional SEO company to take over the task while you focus on your business. You can choose SEO packages as per your budget and enjoy its many benefits in a cost-effective manner.

Know When to Consult with a Wrongful Termination Lawyer

There are strict laws in place so that employers cannot unjustly fire their employees. If you think you are a victim of wrongful termination then you can take legal action against your employer. But you will need to make sure you are taking the right action. So, it is important to know about the laws related to wrongful termination in your state.

Wrongful termination laws can differ from state to state; even from one city to another within the same state. So, if you live in Los Angeles, it is important that you consult with good wrongful termination lawyers in Los Angeles itself. Otherwise, you may end up with incorrect information about wrongful termination laws.

Here are some circumstances when you need to consult with a wrongful termination lawyer.

Protected Categories

If you think you were fired from your job due to your race, religion, country of origin, sexual orientation, gender, or pregnancy then you should definitely consult with a lawyer. These are termed as protected categories under the law and your employer cannot fire you based on these grounds. If you feel this is the case with you then a wrongful termination lawyer can help you.

Harassment

If you were fired after you threatened to sue the company or the employer (post your sexual harassment) then you have grounds to take legal action. If you face any sort of mental or emotional harassment in the workplace, you can take legal action to protect your job or for your well-being.

Harassment of any kind can be a complex issue if it occurs in the workplace. Oftentimes; it is difficult to prove sexual harassment. So, before you take any action against the employer or supervisor or threaten them in any way; it is prudent to consult with a lawyer first. With proper legal action, you can fight the injustice done against you. But you will need sound legal guidance for it. An experienced wrongful termination lawyer can help you out greatly in this type of situation.

Opposing Discriminatory Policies

If you oppose a discriminatory policy in your organization and get fired for it; you can definitely sue your employer. A wrongful termination lawyer can help you understand the nitty-gritty of the situation after hearing the specifics of your case.

Retaliation

If you feel you were fired due to some sort of retaliation from your employer’s side then you should consult with a lawyer to know about what legal options.

Retaliation can be for any action on your part such as threats to reveal the company’s unlawful activities or discriminatory policies. If you witness sexual harassment of a co-worker and you threaten to take action, your employer can fire you in retaliation. Perhaps your supervisor favored someone else over you despite your performance is better than the other employee. Perhaps then you decided to take some sort of action such as threaten them with a lawsuit. If you were fired in retaliation in such a situation, you can definitely sue your employer.

A lawyer can help you by explaining the right legal procedure in this regard.

Other Circumstances

Independent contractors cannot sue for wrongful termination due to the non-existence of employer-employee relationship. But you can sue your employer if you were misclassified as an independent contractor and wrongfully terminated too.

Depending on your location, you will only be able to sue your employer and not the supervisor for your wrongful termination. But you can bring other claims against the supervisor if those pertain to your case and otherwise too. A lawyer can help you understand the process and guide you towards the right legal action.

If you feel you have been terminated from your job without just cause then it is best to consult with a lawyer. Oftentimes; in such situations, the reason for the termination is cited as lack of performance. If this is untrue then you can bring a claim for wrongful termination against your employer. A good wrongful termination lawyer can help you by offering you sound legal advice. Then you can take the right legal action with your lawyer by your side.