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4 Reasons To File a Wrongful Termination Claim

Mar 19, 2021 | Wrongful Termination

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Okay, so you lost your job. It’s definitely your fault, and it’s time to pick yourself off the ground and retreat in shame. After all, losing a job is your fault, right?

Resigning under pressure or getting fired from a job usually indicates that the employee did something wrong. In the usual circumstances, an employer has a legitimate reason for terminating an employee. 

Notwithstanding, there are many instances in which a fired worker has reasonable claims to file a wrongful termination lawsuit. An experienced wrongful termination attorney can assist clients with wage and hour disputes, among other formal complaints.

Continue reading to learn more about the four reasons to file a wrongful termination claim, even in an “at-will” employment state like Indiana: 

Indiana Wrongful Termination Lawsuits

Indiana is one of many states in the country that has workplace laws that tend to protect the company more than it does the employee. How? Indiana is considered an “at-will” place for employment, which means the company may terminate employees at any point in time and for no specific reason.

However, the firing process in Indiana does get muddled, as there are many circumstances where workers have a legitimate wrongful termination claim.

Indiana employers may be able to fire you at any point in time and for any reason, yet they cannot do so if the decision was discriminatory or a method of punishing a worker for becoming a whistleblower. Moreover, contractual jobs can file a lawsuit for breach of contract, which extends workplace rights beyond the ordinary “at-will” employment laws in the state.

For starters, let’s examine some reasons that you may want to contact a wrongful termination attorney and fight the decision made by the employer.

#1 Job Terminations Can Be Determined Illegal

Unfortunately, the state laws do make it more difficult, yet not impossible, to pursue a wrongful termination claim. While wrongful termination lawsuits are not always easy to prove in court, they are still worth pursuing if the firing was illegal.

There are many examples of illegal terminations, like a company firing an employee because of their race or religion. Beyond discrimination or harassment, a displaced worker can sue for a variety of other reasons.

The bottom line is that Indiana state laws might make it difficult to receive a favorable outcome in a wrongful termination lawsuit, yet it can be achieved with the right legal help. First, consult a trained wrongful termination attorney to discuss the details of your case. Stewart & Stewart can meet with you 24/7, seven days a week!

#2 Breach of Contract or Policy Violations May Have Occurred

Indiana employment laws protect employers more than employees with its “at-will” hiring agreement. Nonetheless, the “at-will” protection does not extend to any type of job agreement that was contractual.

Thus, wrongful termination does take place when an employer lets go of a worker without a valid reason or explanation in salaried positions that include some type of formal, written agreement.

In addition to breaching a contract, there are other ways that employers can violate the terms and conditions of a working relationship with an employee. For example, public or company policy may protect individual rights.

Once again, meeting with a skilled wrongful termination attorney presents the most favorable outcome in court. These attorneys have the expertise and intuition to navigate the complex legal landscape. Wrongful termination lawyers are experts in identifying how an organization violated your rights during a termination.

#3 The Termination May Be a Form of Retaliation

Contract or bargaining agreements establish working relationships and generally outline the terms in which a worker may get separated from the employer. Of course, many jobs do not have any contractual obligations, which makes pursuing a wrongful termination case far more difficult.

Regardless, an employer cannot fire anybody as a type of retaliation, even if there is no written agreement between the two parties.

It is more common than most realize for an employer to get axed over trivial details. For example, the company may try to get out of paying a worker that primarily relies on commission for earnings by terminating before the wages are due. It is not unusual for employees to lose their job because they are whistleblowers against the organization or refuse to participate in something that is illegal or endangers others.

#4 The Firing May Be Considered Discriminatory

Even if Indiana is an “at-will” employment state, it does not grant employers the right to violate other federal or state laws. Thus, victims of wrongful termination may be able to seek restitution even if there was no contractual agreement.

For example, any firing that is a violation of federal and state anti-discrimination laws is illegal even if the employer doesn’t have to provide a reason for the removal. Additionally, sexual harassment and other workplace incidents are protected against by law.

Get Stewart Today

Therefore, if you suspect that an employer is illegally holding something against you that resulted in termination, contact a wrongful termination attorney at Stewart & Stewart. The meeting is 100% confidential with zero obligation. Call today at  (866) 926-2414.

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