Wrongful termination is a legal term describing when an employee is terminated for unjust reasons. These cases are currently the most common labor claim out there. Some claims of wrongful termination are because of discrimination, retaliation, employees refusal to commit an illegal act, and employer not following their own procedures.
Often times employees will suffer because of wrongful termination. They may have trouble getting jobs down the line. As a result plaintiffs are entitled to damages in addition to loss of income and future pay.
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Wrongful Termination Information and Examples
Most employment in the United States is at-will. The employer can fire the employee at any time. This means they can terminate for almost any reason. There are laws that prevent employers for firing an employee for certain things. These include being fired:
- because of the client’s race, gender, age, or nation of origin. This is protected by Title VII of the Civil Rights Act of 1964.
- because of the employee’s disability – this is protected by the Americans with Disabilities Act.
- because of sexual orientation or gender identity (in many states).
- because of an employee’s alien status. If they can legally work within the US, they cannot be fired. This is protected by the 1986 Immmigration Reform Act.
- because the employee refused to take a lie detector test. This is protected by the Employee Polygraph Protection Act.
- because of retaliation. This can mean a whistleblower case, filing complaints for unequal pay, or by filing a complaint with the Equal Employment Opportunity Commission.
- because of jury duty.
- because of extended health issues – this is protected by the Family and Medical Leave Act.
Employees can also be sheltered from being fired at-will in several ways. Often this means written promises or contracts. Courts decisions about implied promises for employment are influenced by:
- length of employment
- regularity of job promotions
- strong performance reviews
- assurances of continuing employment.
Over the years, courts have created exceptions to the at-will firing to mitigate its harsh backlash. The three major common law exceptions are public policy, implied contract, and implied covenant of good faith. Public knowledge about when an employer can and can’t fire you has also grown. Employees are more knowledgeable about employment law than years ago. It has changed how these lawsuits are filed and won.
What is My Wrongful Termination Case Worth?
There is not a one-size-fits-all answer for this question. Someone who was employed in a minimum wage job for 5 months getting fired might get a lower settlement. A twenty-year employee of a major bank with a documented history of discrimination would be eligible for more.
The variables that determine your possible settlement are numerous. Some of them are:
- how long you worked for the company
- what your income was
- the history of your performance reviews
- the existence of documentation or video of illegal or unethical behavior
- if there are witness statements of illegal or unethical behavior
- the length of time of any leave taken (maternity/paternity, medical, jury duty, etc.)
Because of the wide range of factors, the settlements can be wide ranging. Settlements usually cover both lost wages and attorney’s fees and punitive damages. Some cases might be dismissed because the termination was carried out properly according to any written contracts. Some go on to settle for small amounts like $20,000. Others can be greater.
A study in 1996 found that an average verdict in CA for wrongful termination was over $500,000. There are even high profile cases where the settlements were over seven figures. These include cases the James Crowley v. Chicago State University whistleblower case ($2.3 million verdict), Beth Burns who got a judgment of $3.35 million for her termination case, and the Yowan Yang v. ActioNet, Inc. suit (over $7 million).
How Long Will My Wrongful Termination Case Take to Settle?
The fact is that companies have more money than the employees. Worse yet, a wrongful termination case can have a bad ripple effect on the company. Many companies fight hard against wrongful termination cases for this reason. This can drag the cases on for a while.
Once in a while firms will look to settle out of court early to move on with their work. This can even result in good-sized offers. More frequently they take the cases to court where they feel they can win. This can be a huge burden on a plaintiff who lost their job. In some cases plaintiffs have trouble getting new work because of the termination.
Many wrongful termination cases can take years to settle because most employers have strong legal defense teams. Obtaining a pre-settlement loan can be used to compensate for loss of income in that time.
How To Qualify For Pre-Settlement Loans With Nova Legal Funding
Pre-settlement loans area sometimes called pre-settlement advances. Qualifying for a loan with Nova Legal Funding is very easy. We look at the circumstances of your termination and the jurisdiction in which your case is being tried. In addition you must have hired an attorney to represent you. Once we determine your eligibility we will work closely with your attorney to obtain further information about your case.
Please keep in mind that employment laws vary on state and county levels. If you suspect that you have been wrongfully terminated, check with an attorney immediately. Once your suit is going, call us. If you have been fired in any of the manners listed above, your chances of qualifying are great.
Why Choose Nova Legal Funding?
At Nova Legal Funding we understand the difficult nature of your case. Employees suffer from loss of income and loss of future employment opportunities. However, you are entitled to fair treatment and we are here to help. Our pre-settlement loans are risk free and we guarantee the lowest rates in the market. We keep all of your information private. There are no up-front costs and if we fund you, you don’t pay back the advance until the case settles!
If your loan is approved you can get money within 24 hours. We send funds by direct deposit, wire transfer, or money order. Nova Legal Funding can help get you back on track with your finances. Call (800) 760-0704 or apply online today to find out how!
Cases We Fund
Nova’s rates are as low as 1-3%. Our mission is to have some of the lowest rates in the industry. We’ll match or beat anyone’s rate.