Arkansas & Tennessee Wrongful Termination Lawyers

What is Wrongful Termination?

A wrongful termination is when an employee believes they were wrongfully dismissed from their place of work by their employer. To be wrongfully dismissed means that your firing breached some part of your employment contract or federal law.

In the case of breaching an employment contract, you can sue for wrongful termination by showing that some part of the contract you signed included an implied contract for permanent employment, affecting how your former employer fired you according to at-will employment standards. If you are able to prove your termination had no proper cause, you will have a strong wrongful termination case.

In addition, you can sue for an illegal termination under federal law by showing your former employer had terminated you based on unlawful actions. This can involve firing for discriminatory reasons or in retaliation.

Types of Wrongful Termination Cases To Keep In Mind

While the general reasons for wrongful termination cases are primarily the same, most have circumstances that make them unique. There are many causes that make it illegal and invalid when an employer terminates you from your position. Here are some of the different kinds of wrongful terminations that set apart varying cases:

  • Discrimination: An employer fired you based on your age, gender, race, disability, religion, sexual preference, or genetic information.
  • Retaliation for Refusal: It is evident that you were fired after you refused to participate in harassment, an illegal act, or a safety violation.
  • Retaliation for Report: It is evident you were fired after whistleblowing on your employer or fellow employees for performing harassment, illegal acts, or safety violations.
  • Conditioned dismissal: An employer sets conditions in your work environment to coerce you into quitting, such as changing your terms of employment or salary without notice or valid reason.

The above reasons all makeup what are considered wrongful termination cases. Working with an Arkansas or Tennessee wrongful termination attorney who has extensive experience in these slight distinctions from case to case will ensure your case is treated with the care and perseverance it deserves. Reach out to WH Law today and meet your ideal employment attorney.

Times A Person May Not Have Been Wrongfully Terminated

Due to most states following at-will employment law, employers have the ability to terminate you for nearly any reason and without warning. Of course, the same goes for employees who want to leave their position.

At-will employment means the process of claiming wrongful termination can be vague and unclear. To ensure there is a clear difference between wrongful termination and justified termination, let’s also lay out what situations aren’t considered wrongful terminations. Here are some to consider:

  • Poor quality of work or productivity
  • Breaking company rules consistently
  • Proven dishonesty with employers
  • Frequent absences or late arrivals
  • Theft and other criminal acts while at work
  • Harassment and discriminator behavior
  • Physical violence or threats

The above reasons are acceptable grounds for terminating a person’s employment in most states. This is because they all deeply affect how a business operates, as well as the safety and productivity of its employees.

On the other hand, employers who wrongfully terminate are getting rid of workers who otherwise follow the rules and expectations of their role. Instead, they will fire you under false pretenses or for discriminatory reasons.

How to Find the Right Wrongful Termination Lawyer

Once you’ve recognized that you have a case of wrongful termination on your hands, the next step should be to find an attorney who is trustworthy and reliable for your case. A good attorney isn’t hard to find, but it does require a bit of work. To make it a bit easier, you’ll be able to find the best possible Arkansas & Tennessee wrongful termination attorneys to hire by considering these factors:

  • Location – Consider where the attorney’s office is located. They don’t need to be on the same street as you, but they should be a comfortable distance from where you live and work.
  • Experience & Track Record – Research each lawyer’s background, including how many years they have worked and the level of success they’ve shown in previous cases similar to yours. If possible, ask for references.
  • Cost – Upon initially meeting with different attorneys, don’t be afraid to ask about costs and how you will be charged.
  • Accessibility – Discuss how you can communicate with them. Also, provide your preferences, whether by phone, text, or email. Decent termination lawyers will do their best to be open to them.
  • Confidence & Comfort – Think about how it feels to talk with each lawyer. Consider who inspires confidence and ease through the interest and concern they show for your case.

Set your standards according to the factors above, and you’ll easily find lawyers you’ll want to work with. To make it easier, consider reaching out to WH Law. We will provide you with a dedicated and experienced Arkansas & Tennessee wrongful termination attorney who will fight for your case and ensure you get the damages you deserve from unfair employers.

The Evidence You’ll Need To Prepare A Strong Wrongful Termination Case

After finding Arkansas & Tennessee wrongful termination lawyers that fit the needs of your case, it is important to do what you can to ensure its success. One thing you can do is help provide strong pieces of evidence to your attorney as they begin preparing your case. Below are some of the different types of evidence you can help them gather:

  • Witnesses – Fellow employees who can provide statements or agree to testify in your favor.
  • Written Communications – Text messages, emails, and memos shared between you and your employers.
  • Employment Contracts – The original contract that established the rights and responsibilities between you and your employer.
  • Performance Reviews – Descriptions of your job performance according to your employers.

In a wrongful termination case, these various forms of evidence can help provide a strong foundation and help to make sure it succeeds. To find more ways to help, consult your wrongful termination lawyer.

Types of Damages You Can Get From A Wrongful Termination Lawsuit

Losing your job is already a painful and stress-inducing event by itself, but dealing with a wrongful termination can make matters far more complicated. Due to the recklessness and negligence of their former employers, individuals experiencing this situation will have difficulties paying for bills, groceries, and medical care. On top of that, strains on their relationships and mental health can occur as well.

That is why several wrongful termination cases involve various forms of damages — or money paid to you to help recover any losses or injuries you suffered due to your termination. Below, we share some of the damages you may receive once your case has been resolved, such as:

Lost Wages & Benefits

The two essential things one loses upon being wrongfully terminated are wages and employee benefits, such as insurance and retirement savings. In terms of wages, you can receive damages based on the amount of pay you would have earned if your employer never fired you.

Where they apply, this can also include unpaid wages, overtime, and other types of compensation that your employer may have kept from you. As for benefits, it is difficult to put a specific number on the amount of damages you deserve. In those cases, your lawyer may hire a specialist to determine that for you, and if it’s accurate, you may receive additional damages.

Pain and Suffering

This is also called “emotional distress” and is a type of damages that can be awarded based on how badly a former employer had treated you and how much it has affected you since. This would need to be verified by a mental health professional, and a jury often decides the amount if the case reaches court.

Punitive Damages

This form of damages is the amount an employee is ordered to pay by the judge and is intended to punish employers who have terribly abused their employees. Not all states award punitive damages, while some do under strictly-held circumstances.

In Arkansas, punitive damages are awarded based on proving at least one of two factors. The first is if you show proof that your employer was aware beforehand that their actions would cause injury or damage and continued out of malice. The second is if it is proven that your employer intended to cause harm or injury to you in the first place. Either way, you must show proof in order for the court to consider punitive damages.

Get to Work With Arkansas or Tennessee Wrongful Termination Attorneys

While it may be possible to put together a case yourself, working with a reputable firm of wrongful termination attorneys is the best option. They will ensure your wrongful termination case is strong and well-prepared by reviewing it with you and helping you put together compelling evidence.

An experienced team of employment attorneys like those at WH Law will also help you get the maximum compensation for your hardships. With our team at your side, your case will have everything it needs to win.

We are committed to protecting the rights of the people of Little Rock, Fayetteville, and fellow cities across Arkansas, as well as Memphis, Knoxville, and Nashville in Tennessee ensuring they get the compensation they deserve from the hardships of employment loss and much more.

Our lawyers are also experienced in a wide variety of cases, with solid foundations in bankruptcy, estate planning, personal injury, and much more. Contact WH Law so we can start a conversation and help you get your case where it should be — settled in your favor sooner rather than later.

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FAQs

Wrongful Termination Lawyer FAQ

Here are some answers to some of the most popular questions regarding Wrongful Termination

  • Will I face retaliation if I file a wrongful termination case?

    The Equal Employment Opportunity Commission enforces federal law that prohibits employers from committing acts of retaliation on employees or job applicants who report them for abusive practices that are performed for discriminatory reasons. In other words, federal law and the EEOC ensure your safety from retaliation when you are acting as a witness or filing a complaint or lawsuit against a former employer for wrongful termination. On top of that, WH Law's wrongful termination lawyers will also stand up for you. We'll ensure you receive punitive damages against former employers who cause you any emotional distress or harm. Check out our FAQ page for more info about our firm's wrongful termination and other related practice areas.
  • Do I still have a case if I signed a severance agreement?

    Yes, but it can end up being a little more difficult in some cases. Severance agreements can sometimes include something called a "release of claims," which is a section of the agreement that releases employers from any liabilities that can arise from your termination. This can make your wrongful termination case tougher to resolve, but that doesn't mean we're at the end of our rope. A solid team of Arkansas wrongful termination lawyers helps you show the court that you had been wrongfully terminated despite signing a severance agreement. Because wrongful terminations are illegal, it can mean that the release you signed is invalid.
  • How long do wrongful termination cases take to resolve?

    Honestly, the answer to this depends on the details of your case, especially on how clearly your previous employer violated your rights. Since some cases aren't always as clear-cut as others, wrongful termination cases, which is why they can range from a few months to several years before they are resolved. In any case, it is best to speak with a reputable employment attorney to figure out the details of your case to get an accurate view of how long it will take to settle.
  • When is it a good time to talk to an Arkansas wrongful termination attorney?

    The short answer: as soon as an employee believes they have reason to suspect they've been wrongfully terminated. This is so that you and your attorney can start putting together your case against the business that harmed you and your livelihood. In addition, the state of Arkansas's statute of limitations on wrongful termination claims is 180 days, or six months, after the time your former employer dismissed you from your position. So, if you believe you have suffered a wrongful termination, make sure to meet with a wrongful termination lawyer and file a claim with the Arkansas Department of Labor within that time.
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