Criminal Defense Lawyers

When can you sue for wrongful termination?

When Can You Sue for Wrongful Termination?

At Spodek Law Group, we understand how devastating it can be to lose your job unexpectedly. If you believe you were wrongfully terminated, you may have grounds for a lawsuit against your former employer. But when exactly can you sue for wrongful termination? Let’s break it down.

What Constitutes Wrongful Termination?

Wrongful termination occurs when an employee is fired for illegal reasons or in violation of an employment contract. While most employment in the U.S. is “at-will,” meaning employers can terminate employees for any reason or no reason at all, there are important exceptions that may give rise to a wrongful termination claim.Some common grounds for wrongful termination lawsuits include:

• Discrimination based on protected characteristics (race, gender, age, religion, disability, etc.)
• Retaliation for reporting illegal activities or exercising legal rights
• Violation of an employment contract
• Termination that violates public policy

Let’s explore each of these in more detail to help you understand if you may have a valid wrongful termination case.

Discrimination-Based Termination

It is illegal for employers to fire employees based on certain protected characteristics under federal and state anti-discrimination laws. If you believe you were terminated due to discrimination, you may have grounds for a wrongful termination lawsuit.Protected characteristics that cannot be the basis for termination include:

• Race/ethnicity
• Gender/sex
• Age (40 and over)
• Religion
• National origin
• Disability
• Pregnancy
• Sexual orientation (in many states)

For example, if you were fired shortly after revealing you were pregnant or disclosing a disability, and you believe that was the real reason for your termination, you may have a valid discrimination claim. Or if you were replaced by a much younger employee despite strong performance, that could indicate age discrimination.Proving discrimination can be challenging, as employers rarely admit to discriminatory motives. That’s why it’s crucial to work with an experienced wrongful termination lawyer who can help gather evidence and build a strong case. We have extensive experience with discrimination-based wrongful termination claims and know how to effectively prove discriminatory intent.

Retaliatory Termination

It is also illegal for employers to fire employees in retaliation for engaging in legally protected activities. Some examples of protected activities that cannot be the basis for termination include:

• Reporting illegal activities or safety violations (whistleblowing)
• Filing a workers’ compensation claim
• Taking FMLA leave
• Participating in an investigation of the employer
• Refusing to engage in illegal activities

For instance, if you reported your employer for violating safety regulations and were then fired shortly after, that could be considered retaliatory termination. Or if you were terminated after filing a sexual harassment complaint against your supervisor, that may be illegal retaliation.Retaliation claims often come down to timing and circumstantial evidence. We know how to connect the dots and demonstrate the link between your protected activity and subsequent termination. Don’t let employers get away with illegal retaliation – let us help you fight back.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

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2024-03-12

Very professional, very transparent, over all a great experience

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2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Breach of Employment Contract

While most employment is at-will, some employees have contracts that specify the terms and duration of employment. If you have an employment contract and were terminated in violation of that contract, you may have grounds for a wrongful termination lawsuit.Employment contracts can be:

• Written contracts
• Verbal agreements
• Implied contracts based on employee handbooks or company policies

For example, if your contract states you can only be fired for “just cause” but you were terminated without any valid reason given, that could be a breach of contract. Or if company policy outlines a specific disciplinary process that wasn’t followed before your termination, that may violate an implied contract.Contract-based claims require careful analysis of the specific language and circumstances. Our experienced attorneys can review your employment agreements and company policies to determine if you have a valid breach of contract claim.

Violation of Public Policy

Even in at-will employment, employers cannot fire employees for reasons that violate public policy. This includes terminating employees for:

• Refusing to commit illegal acts
• Performing a legal obligation (like jury duty)
• Exercising a legal right or privilege
• Reporting violations of laws or regulations

For instance, if you were fired for refusing to falsify financial records or for taking time off for jury duty, that would likely be considered wrongful termination in violation of public policy.Public policy claims can be complex, as they often involve balancing competing interests. We have the legal expertise to evaluate your situation and determine if you have a valid public policy-based wrongful termination claim.

Key Factors in Wrongful Termination Lawsuits

If you believe you were wrongfully terminated, there are several important factors to consider in determining if you have a viable lawsuit:

The strength of your case will depend on the specific facts and evidence available. That’s why it’s crucial to consult with an experienced wrongful termination attorney who can evaluate all aspects of your situation.

Steps to Take If You Think You Were Wrongfully Terminated

If you believe you may have been wrongfully terminated, here are some important steps to take:

1. Document everything – Write down the details of your termination, including dates, people involved, and any relevant conversations or incidents. Gather any supporting evidence like emails or performance reviews.
2. Request your personnel file – You have a right to view your employment records. These may contain important information for your case.
3. File for unemployment – Even if you were fired, you may still qualify for unemployment benefits. This can provide financial support while you pursue legal action.
4. Don’t sign anything – Your employer may ask you to sign a release or severance agreement. Don’t sign anything without having an attorney review it first.
5. Consult an attorney – An experienced wrongful termination lawyer can evaluate your case and advise you on the best course of action.
6. File a complaint – Depending on the nature of your claim, you may need to file a complaint with the EEOC or state agency before pursuing a lawsuit.
7. Consider alternative dispute resolution – Mediation or arbitration may be options to resolve your claim without going to court.

Remember, there are strict deadlines for filing wrongful termination claims, so it’s important to act quickly. Don’t let fear or uncertainty hold you back from pursuing justice.

How We Can Help With Your Wrongful Termination Case

At Spodek Law Group, we have extensive experience handling wrongful termination cases across a wide range of industries and circumstances. Our skilled attorneys know how to navigate the complex laws surrounding employment termination and build strong cases for our clients.When you work with us, we will:

• Thoroughly evaluate your case to determine if you have valid grounds for a lawsuit
• Gather and analyze all relevant evidence to support your claim
• Handle all communications and negotiations with your former employer
• File necessary complaints with government agencies
• Represent you in court if a settlement cannot be reached
• Fight tirelessly to get you the compensation you deserve

We understand how stressful and emotional wrongful termination can be. That’s why we provide compassionate, personalized representation every step of the way. You can count on us to be your fierce advocates and trusted advisors throughout the legal process.Don’t let your former employer get away with illegal termination. Contact us today at 212-300-5196 for a free consultation to discuss your case. With our help, we can fight for justice and work to get you the compensation you deserve.Remember, there are strict deadlines for filing wrongful termination claims, so don’t wait to get legal help. The sooner you reach out, the stronger your case will be. Let us put our experience and expertise to work for you.