Virginia Wrongful Termination Lawyer
Wrongful termination is any dismissal of an employee which violates some employment law that exists on the books at state or federal level, or which is accepted as common law. The standard is that any worker can be terminated at any time for any reason, except in certain circumstances listed by the state and the federal government. Any wrongful termination is that which violates state, federal, or corporate law.
A worker who is fired on the basis of some factor which is protected under federal or state law may file a wrongful termination claim with the help of a dedicated attorney from the Spiggle Law Firm. Examples of protected factors include race, age, gender, sexual orientation, disabilities, and pregnancy. A business owner who fires an employee as a form of discrimination could be held civilly liable in court with the help of a Virginia wrongful termination lawyer.
Federal Protections against Wrongful Termination
There are a few agencies at the federal level that oversee wrongful termination. An unlawful firing on the basis of a protected class would be overseen by the Equal Employment Opportunity Commission (EEOC). It is necessary to file a formal complaint through the EEOC in any wrongful termination claim.
The Department of Labor oversees everything from wage theft to safety issues in the workplace, which could also result in wrongful termination. Unlike the EEOC, filing a complaint through the Department of Labor is not a necessary step to bring a civil lawsuit.
State and Local Employment Protections
The Virginia Division of Human Rights oversees state and local claims and is essentially the state version of the EEOC. It also has local affiliates across the state known as Fair Employment Practices Agencies, which do the same things. In Virginia, it is usually best to go to the EEOC for wrongful termination claims because a lot of these agencies’ jurisdictions are limited to cases involving less than 15 employees. A Virginia illegal firing attorney could help you identify the legal path that will give you the best chances for success.
Time Limit for Taking Legal Action against an Employer
There is a time limit for taking legal action after a wrongful termination. Wrongful termination is a pretty broad term and can cover a lot of different types of claims, but there is always going to be a time limit for filing a civil suit. The federal employee time limits are the shortest at just 45 days to report any incidents of employment law violations.
Private sector workers typically have 300 days to file a claim, otherwise they would have 180 days in some situations. For cases involving things like leave discrimination, wage and hour disputes, or safety in the workplace there are longer statutes of limitations of up two to three years.
One Employee’s Word Versus Another’s
In wrongful termination cases, it is almost always one employee’s word versus another’s. An attorney can help a wrongfully terminated claimant understand the factors which go into making a determination and demonstrate that their word is accurate and that the other person’s word is pre-textual.
The employee should take notes of things as they happen and keep as much evidence as possible, even if they are concerned that their employer will take action against them for doing so. They should do everything they can to demonstrate that they are a good employee and take detailed notes of conversations with their boss. Verbal contracts are admissible as evidence of discrimination.
Call a Virginia Wrongful Termination Attorney Today
A Virginia attorney experienced in wrongful termination cases can assist an employee during settlement negotiations. The first step to seeking justice is to write a letter to your former employer to let them know about the situation. Companies are most responsive when there is an attorney on the other end of the letter.
A Virginia wrongful termination lawyer could help with analyzing your case, understanding the strengths and weaknesses, understanding the remedies available, and navigating the processes along the way. If the initial letter does not work, your legal representative could establish a timeline which includes filing an EOCC charge and help you through that complaint process. Call our firm today to get the process started.