Top Middletown, NY Wrongful Termination Lawyers Near You

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Middletown Wrongful Termination Information

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Were You Wrongly Terminated?

An employee who is fired from a job illegally is said to be wrongfully terminated and may have a valid cause of action to file a lawsuit. Determining if the employee was legally or illegally terminated depends on the situation and the circumstances involved.

Do You Have a Wrongful Employment Case?

Most employers are careful to take steps to avoid wrongful termination, so it is in your best interest to immediately consult with a Middletown attorney experienced in employment law. The lawyer can determine if your situation warrants a wrongful termination lawsuit and, if so, how best to proceed.

Can You Get Your Job Back in a Wrongful Termination Lawsuit?

States with public policy exceptions, implied contract exceptions, and “implied-in-law” (or good faith) contracts are more likely to side with fired employees in wrongful termination suits than other states. Still, there is no guarantee that you will win. Financial compensation is the most frequent form of restitution in successful wrongful termination cases. However, the court may also impose a reinstatement order requiring your former employer to bring you back on board — provided you agree to return to work. Returning to your job is a possibility if your relationship with your employer remains in relatively good standing despite the wrongful termination suit.

How Long Does a Wrongful Termination Lawsuit Take?

While most law firms will remind potential clients that the time required to resolve legal suits can be unpredictable, wrongful termination lawsuits are often resolved in less than three years, with many cases taking less than a year. The EEOC imposes a filing deadline of 180 days from the last date of alleged discrimination for those who qualify. Therefore, it is important that individuals who believe they have been wrongfully terminated take action as soon as possible. The LawInfo directory can help you find Wrongful Termination lawyers near you in Middletown.

Who Do You Report Wrongful Termination To In New York?

You can file a wrongful termination claim with the federal government via the Department of Labor or the Equal Employment Opportunity Commission (EEOC). You can also file a claim with the New York employment agency. Wrongful termination suits alleging that an employer fired an employee due to discrimination based on sex, gender, or race are generally covered under federal law, so you have protection in these situations, even if your state government follows at-will employment policies.

How Do You Prove Wrongful Termination?

Proving a wrongful termination case can be difficult, particularly in states with “at-will” employment policies, which allow an employer to fire an employee at any time, for any reason, and allow an employee to quit or leave the job at any time. Wrongful termination of an employee is an exception to at-will policies.

Evidence is the most important element in proving a wrongful termination case. You will need to collect all relevant employment documents and correspondence, as well as your contract, if one exists. This evidence can help determine, with legal counsel’s help if possible, if any laws were broken, especially regarding discrimination or retaliation.

What Is Wrongful Termination?

Wrongful termination occurs when an employer fires an employee for reasons outside of your existing contract or reason that breaks federal, state, or local laws. An employee of a company who has been laid off or fired for illegal reasons may have a case to file a wrongful termination lawsuit against their employer.

What sort of issues can I seek legal help with?

Specialized legal help is available for most legal issues. Each case is unique; seeking legal help is a smart first step toward understanding your legal situation and seeking the best path toward resolution for your case. An experienced lawyer understands the local laws surrounding your case and what your best legal options might be. More importantly, there are certain situations and circumstances – such as being charged with a crime – where you should always seek experienced legal help.

Tips on Approaching an Initial Attorney Consultation

  • Use the consultation as a means of gaining a better understanding of your legal situation.
  • Ask the attorney how many cases similar to yours he/she has handled. An attorney’s experience and knowledge can speak to their expertise (or lack of) in addressing your situation.
  • Your attorney should be able to articulate roughly how long a case like yours will take to resolve and what sort of procedures to expect.
  • Determine how comfortable you are working with the lawyer and/or law firm.

How much does it cost to hire an attorney?

In general, how much an attorney costs will often depend on these four factors: billing method and pricing structure, type of legal work performed, law firm prestige, and attorney experience. Depending on the legal issue you are facing, an attorney may bill you by the hour, settle on a flat fee, or enter into a contingency fee agreement. The type of legal work you need help with will also play a role in cost incurred.

Common legal terms explained

Affidavit – A sworn written statement made under oath. An affidavit is meant to be a supporting document to the court assisting in the verification of certain facts. An affidavit may or may not require notarization.

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