RESOURCES
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.
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.