As a business owner, keeping informed about the finer points of employment law is important. If you're getting ready to hire your first employees, you need to be sure that you understand exactly what you can and cannot do. Don't risk getting yourself into legal trouble by asking the wrong question at the interview or making an off-hand comment that's considered legally unacceptable. I created this site to give you the basics of employment law expectations. I hope that the information here helps you to understand what you should and shouldn't do as you're interviewing and hiring your first staff members.
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Employer Fundamentals: Understanding Employment Law
3 Things To Consider Before Hiring An Employement Attorney For Your Wrongful Termination Case
Irene Robertson
Securing employment can be a tough task for many individuals. It usually takes a series of interviews and phone calls to get a new position, which is why securing and keeping a job is of the utmost importance. However, wrongful termination does happen and it can be frustrating and stressful to deal with. The first step often involves finding an employment lawyer that will take your case. Your employment lawyer needs as much evidence as possible to prove wrongful termination in order to win your case. As a result, there are a few things to consider before hiring an employment attorney.
Mutual Termination Agreement
Some jobs come with an agreement that there is an expected end date. This end date can be anywhere from a few weeks from the day you start until decades later. A few forms of employment agreements include:
- Mandatory resignations are common for pilots in the aviation industry. These types of resignations are more for safety reasons.
- Forced resignations are sometimes used in place of outright firing the person. These resignations are common for people in positions of power.
- Employment contracts are common for internships and freelance contracts.
If the termination falls under a mutual agreement, then you do not really have a wrongful termination case to present to an employment attorney.
Proof of Discrimination
One of the many reasons that cases of wrongful termination are brought against an employer is because the employee feels as though they were discriminated against. In this case, you will need to provide proof of discrimination in the workplace. For an example, you can provide evidence through the use of emails or a detailed log. It is generally difficult to provide concrete evidence of discrimination as very few people openly admit to discrimination. However, if you are able to provide an employment attorney with any type of proof you will have the upper hand. You may have a case of discrimination and wrongful termination if you fall into four categories:
- You are a member of a protected class
- You were qualified for the position
- Your employer fired you
- Your position was replaced by someone not in a protected class
Written or Implied Promises
If you have a written or implied promise from your lawyer that promises permanent employment, then you may have a case. This can be difficult to prove because employers usually shy away from making these statements verbally and in writing. However, look through your original employment contract for statements that imply future job security.
While most employment is at-will, there are a number of laws and rules are there to protect you from wrongful termination. Therefore, use this guide to make sure you have a case before hiring an employment attorney.
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