To determine whether the termination was illegal or wrongful, Mr. Atkerson will examine several factors:
Was there an employment contract in place?
Most employment contracts list reasons why an employee can be fired. If you were fired for a reason that is not listed on your employment contract, you may have grounds for a wrongful termination lawsuit. Mr. Atkerson can review your employment contract and determine whether this is the case.
When you have a contract that specifies a duration of employment and you are satisfying the terms of that employment contract, an employer may not fire you before your contract ends. If you are fired in breach of your employment contract, you may also have a case for a wrongful termination lawsuit.
Did your employer have certain policies in place?
If you believe that your employer failed to follow their own policies, you may have a lawsuit. Your attorney will review these policies and the circumstances of your termination to explore this possibility.
Were you treated differently than other employees?
Perhaps your employer terminated your position due to "performance issues." If this is the case, Mr. Atkerson will investigate other employees to determine if they were also terminated for the same performance issues. If Mr. Atkerson can prove that your employer wrongfully terminated you because of workplace discrimination, you can collect a settlement or jury award to compensate you for your losses.
Did you make a complaint only to be punished for it?
Employees are entitled to a safe, fair workplace. If you made a complaint because you observed illegal activities and you were fired as a result, it is known as retaliation by the employer. Employers cannot dismiss employees in retaliation for whistleblowing or making a complaint in good faith.
Did defamation of character occur?
In order to avoid a wrongful termination lawsuit, some employers will make up false reasons for why they terminated you. This is known as defamation of character. You might have a case if your employer defamed you to bolster their case for your termination.
For example, if doing drugs was cited as a reason for firing you, and you did not use controlled substances, a wrongful termination attorney can help reveal this discrepancy to the court. Without an attorney's help, countering the reasons given by your employer can be incredibly difficult.
Proving that wrongful termination took place requires a skilled attorney. Mr. Atkerson's practice area of focus is employment law. He can help you recover by reviewing all of the necessary documentation and building a strong case.