If you are a victim of wrongful termination in the United States, you must first know the reason for your dismissal. To do this, you can send a dated request to your employer by certified mail to find out why you were fired. By law, your employer must respond within 10 days with a letter stating the reason for your dismissal, otherwise, you have the right to request representation from a labor attorney and resolve it in court.
On the other hand, what is most important is to act quickly. Many labor laws have a time limit known as "statute of limitations". These deadlines require you to act quickly in any case of wrongful termination in the United States.This time limit may expire a few months after you lose your job. If you do not act before the deadline, it is possible that this particular law will no longer protect you. A labor attorney can help you establish a time limit that applies to your situation. If you consider it necessary, you should contact the Conexión Legal team as soon as possible by calling 1800 201 1220 or writing to us through WhatsApp so that you can receive the best free legal advice, and in this way we can help you obtain the highest possible compensation.
You need to know what type of employment relationship you have with your employer to know if the dismissal was legal. Some employees have personal labor contracts, written or implied. Unionized workers can enter into collective bargaining agreements. Public employees may be protected by national and local laws or regulations. For more information about labor relationships, consult the cover letter, job offer, new employee orientation document, or employee handbook received, contract or agreement. Laws and regulations applicable to signed union contracts or your employment and personnel records. This is available through an employer's personnel representative.
If your position is designated "at its discretion", your employer can dismiss an employee at any time without explaining the reason. The employer does not need to notify the desired employee in advance. There are three exceptions to this rule. If you and your employer change your rights by signing a contract. Even so, possessing it is still outside the reach of the average person.
Does "Good Cause" Mean "Just and Genuine"?
Some examples of a "good cause" for dismissal are:
- Possession or use of drugs or alcohol
- Theft
- School failure
- Incompetence
- Lying
Your employer is a large company and special circumstances such as factory closures or mass layoffs require prior notification. If you have a written personal employment contract, it can indicate when and why your employer can terminate you. It can indicate the amount of your notice of termination and whether your employer should give you a light sentence before your dismissal. It can explain the complaint procedure that you and your employer must follow before and after dismissal. If you are dismissed, the contract can also grant you certain rights. Read the contract carefully. Read all other documents mentioned. If you have any questions, contact your employer's representative or attorney. If you have an implied employment contract, always remember that your employer can prove that you are performing voluntary work. Statements written by employees or management manuals, guides, policy manuals, etc. may be "implied" employment contracts.
You can also read What Does a Wrongful Termination Attorney Do?The choice of your attorney is one of the aspects that can contribute to the final decision of your case. For this reason, if you or a loved one need it, you should contact the Conexión Legal team as soon as possible so that we can provide you with the best free legal advice, and likewise, legal representation by a labor attorney in case you suffer any type of wrongful termination in the United States to obtain the best possible compensation.Follow the steps in the following form to schedule your free consultation appointment.
