Frequently Asked Questions
The employment litigation process can be complex and difficult to navigate. Here are some common questions and answers about this process.
Can I sue my employer for wrongful termination?
You may have a claim for wrongful termination if your employer terminated your employment because of your sex, disability, age, race, religion, color, national origin or other protected class, or because you reported discrimination or a violation of the law. Depending on your claim, you may need to commence legal action within 300 days or within one year of the termination.
Should I pursue an appeal for my unemployment benefits?
An appeal of a determination of ineligibility or a judge’s decision gives you a second chance to receive benefits or change the outcome of your case. It is usually advisable, but you should be well prepared when doing it.
Do I need an attorney for my unemployment appeal hearing?
Attorneys are not required but are highly recommended for appeal hearings. An experienced attorney will help you prepare for your hearing, submit relevant evidence, call relevant witnesses, conduct a thorough cross examination, and present a strong closing argument. A well-presented case will maximize your chances of success.
How much compensation am I entitled to for a wrongful termination?
If you prevail in a wrongful termination lawsuit, you are entitled to payment of your lost wages, emotional distress damages, and attorney’s fees. In some cases, punitive damages are also available.
Can my employer terminate me if I am on medical leave?
It depends on whether you are entitled to job-protected leave and the reasons for termination. It is important to understand your rights under the Americans with Disabilities Act and the Family Medical Leave Act to determine if the termination was wrongful.
What is the cost of litigating a wrongful termination claim?
Most wrongful termination claims are litigated on a contingency fee basis, meaning that you do not pay attorneys’ fees unless and until you prevail in your case. At that point, your attorneys’ fees are paid by the employer as a percentage of your total recovery. You are responsible for paying the expenses of litigation, which vary in very case.