Wrongful Termination Cases Examples
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Common Grounds for Wrongful Termination Lawsuits Discrimination. ... Breaches of written or oral contracts. ... Retaliation against employees for exercising their rights. ... Firing an employee for taking legally permitted time off of work. ... An employer's failure to follow certain procedures prior to firing an employee.
Give details about your dispute. Tell the reason you believe you were terminated. Tell any contract or policy provisions that were violated. Tell about any incidents that indicate you were terminated for a prohibited reason. Discuss any documentation you have that support your position.
While multimillion awards are possible, it is crucial to keep in mind that federal laws limit the amount of punitive and compensatory damages awarded in cases involving wrongful termination. They cannot exceed $50,000 ? $300,000, depending on the number of employees working for the employer's business.
Suppose an employee is eligible for FMLA leave and takes it. As soon as the employee returns to work, the employer terminates the employee, telling them that they are being terminated because they took FMLA leave. This is an example of wrongful termination under the FMLA.
If your definition of winning is winning at trial, then you will probably lose. I've seen research suggesting that only 5-25% of employment cases are successful at trial. But if you define winning as obtaining money for your lawsuit, you have a good chance. Over 90% of these types of cases settle.