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Alabama Wrongful Termination Lawyer in Birmingham
What Is Wrongful Termination?
According to Alabama state law, an employee can be fired at any time for any reason, known as "at-will" employment. There are certain exceptions to this rule, however; both state and federal laws prevent employers from discriminating against employees or retaliating against the protected activity, such as reporting misconduct in the workplace. When an employee is fired for these reasons, it is called wrongful termination.
What Qualifies as Wrongful Termination?
If you have been illegally fired from your job, the wrongful termination lawyers at Michel | King can help you better understand your legal rights. Under various anti-discrimination laws and Federal regulations, employers are prohibited from terminating an employee for the following reasons:
- National Origin
- Sexual Orientation
- Gender Identity
- Genetic Information
- Forming a Union
- Making a Discrimination or Harassment Complaint
- Protected Disabilities
- Contractual Breach
Steps to Take After Wrongful Termination
If you believe you have been unlawfully fired, take these steps to improve your position as you pursue litigation:
- Remain calm and positive
- Ask about the cause of termination
- Ask who made the decision to terminate you
- Review your employment contract
- Ask to see your personnel file
- Negotiate a severance package in writing
All of these will be of great benefit as you and your lawyer file a claim against your employer.
If you believe that your employer has wrongfully fired you, you should contact a Link to Birmingham wrongful termination attorney at Michel | King. We have spent years dedicating ourselves to helping the victims of discrimination and harassment in the workplace.
How Do I File a Claim for Wrongful Termination?
To file a wrongful termination claim you must first file a charge with your local U.S. Equal Employment Opportunity Commission (EEOC) office. The charge should include your personal contact information and your employer's contact information. In addition, you must describe the reason for your termination and state your union membership, if applicable.
The EEOC will then begin investigating the employer. In each phase of this process, it is important that you retain the services of an experienced Birmingham wrongful termination attorney to help ensure you are taking the proper steps and presenting the strongest case you can.
Statute of Limitations for Wrongful Termination in Alabama
If you have been unjustly terminated from your job you may file a claim with the EEOC office within 180 days from the day of your termination. After filing, if the EEOC doesn't pursue legal action within 60 days, you are free to pursue your own legal action against your employer. The statute of limitations for race discrimination claims is four years. For all other wrongful termination cases, the statute of limitations is two years.
The wrongful termination attorneys at Michel | King are experienced in making sure that your case is taken care of as quickly and efficiently as possible. The EEOC investigates thousands of wrongful termination charges per year so it is important that you have an experienced lawyer to correctly build your case so that your case doesn't get lost in thousands of other charges.
How a Severance Package Can Help You
A severance package can be a great comfort during a time of transition if it is written with your interests in mind. The attorneys at Michel | King have years of experience in ensuring you are protected by your severance agreement and negotiating for better terms if needed. A severance package is comprised of pay and benefits such as insurance, retirement, or stock options.
In some cases, an employer might try to negotiate a severance package in exchange for the employee's promise to abandon any legal claims that he or she could have pursued. Talk with your lawyer to see if a severance package negotiation or a wrongful termination lawsuit would be the best option for you. If your employer has offered a severance package, there is no need to immediately accept. Discuss the terms with our Birmingham wrongful termination attorneys and continue to negotiate for better conditions.
How Much Can I Get For Wrongful Termination?
Compensation for unlawful termination in Alabama can vary greatly depending on many factors. If you believe you have been wrongfully terminated, it is best to speak with an experienced Birmingham unlawful termination attorney near you at Michel | King to ensure that a professional thoroughly assesses your situation.
Depending on the facts and circumstances involved, potential monetary damages arising from a wrongful termination may include the following:
- Lost wages: This includes the amount of income you would have earned from the time of termination until the resolution of the case, including any lost benefits.
- Future earnings: If your termination negatively impacts your ability to find employment or progress in your career, you may be entitled to compensation for future lost earnings.
- Emotional distress: If the unlawful termination caused emotional harm, you may be eligible to seek damages for emotional distress. This can include stress, anxiety, depression, or other mental health issues resulting from your termination.
- Punitive damages: In some cases, where the employer's conduct was particularly egregious or malicious, punitive damages may be awarded. These damages are meant to punish the employer and deter similar behavior in the future.
Each case is unique and the potential compensation will vary depending on the evidence presented. Consulting with our skilled team of Birmingham wrongful termination lawyers at Michel | King will help you gain a better understanding of the potential monetary damages to which you may be entitled should you decide to move forward with legal action.
Call Our Unlawful Termination Lawyers in Birmingham Today
At Michel | King, we offer a free confidential case evaluation where we can assess your situation and provide sound counsel on the best course of action. Our highly awarded legal team has over 50 years of combined experience and is dedicated to providing professional and prompt service to our clients. We have also received numerous 5-star client reviews for our commitment to achieving favorable outcomes. Contact our wrongful termination attorneys and learn more about how we can advocate for your rights and seek the compensation you deserve.
Contact our Birmingham wrongful termination lawyers before it's too late! We offer a free case evaluation for those who are interested in retaining our services.