What legal remedies are available to an individual if they have been wrongfully terminated from their job?
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An individual who has been wrongfully terminated from their job may have several legal remedies available to them depending on the particular facts of the case and any relevant contractual or statutory provisions. Generally speaking, an employee who is terminated without cause in violation of an employment contract or at-will agreement may be entitled to damages for breach of contract and/or wrongful termination.
In addition, other common claims that can arise as a result of a wrongful termination include violations of public policy (where the employer’s actions violated some well-established public policy), discrimination based on protected characteristics such as race, gender, disability or religious affiliation (under federal anti-discrimination laws such as Title VII), failure to pay wages or overtime compensation due under wage and hour laws (such as FLSA), and retaliatory discharge where employees are fired in retaliation for exercising certain rights (like filing a claim). Finally, employers should also be aware that employees may seek redress through workers' compensation systems if they were injured during their employment.
Depending on the applicable state law and circumstances surrounding the termination, individuals may pursue these claims through administrative agencies like Equal Employment Opportunity Commission or Department of Labor offices; state courts; private arbitration; or even directly with their former employer in settlement negotiations. It is important to note that there are statutes of limitations which set deadlines by which individuals must file claims before they become time barred. Furthermore, it is important to understand that many states have enacted at-will employment laws which provide broad discretion for employers when making personnel decisions so long as those decisions do not violate other validly existing laws. Therefore it is possible for an individual to be lawfully dismissed for no stated reason despite any contractual promises made between employer and employee.
Given this potential complexity associated with navigating legal remedies following a wrongful termination from one’s job, individuals would be wise to consult with experienced counsel familiar with both labor and employment law issues specific to their jurisdiction before taking action against their former employer(s).
