Even if you were fired “for a reason,” you may be able to file a claim for wrongful termination against your former employer. And suppose you believe you were fired for an illegal purpose. In that case, it may be in your best interests to contact a San Antonio wrongful termination lawyer because pursuing a wrongful termination claim can be difficult and require complicated legal proceedings.
How do Lawyers Analyze Wrongful Termination Cases?
When examining a wrongful termination case, an attorney analyzes the case by searching for evidence to show that the termination was illegal, regardless of whether the person was fired for cause or no reason. The following are some common considerations:
Violation of an Employment Contract
If you were hired under a contract, your employer was required to follow the contract terms. If your contract expressly states that you may be fired for any reason, your employer cannot fire you for a cause not included in the contract.
The majority of employees do not have signed contracts. Any other reason for termination is a breach of the employment contract if you have a contract that limits the reasons for termination. An attorney can help you evaluate your contract and see if the contract allows for a specific ground for termination.
Violation of an Employer’s Policy
In most circumstances, disciplinary procedures can be found in an employer’s rules. An attorney can help you figure out if your employer had a disciplinary procedure that was not followed. Your employer may have broken an implied contract in this instance.
If you were fired for claimed performance issues, your attorney would want to see if other employees were fired for the same reasons. If not, your lawyer will look for evidence that your employer discriminated against you because of a legally protected characteristic such as your gender, color, disability, ethnicity, age, or sexual orientation.
Your lawyer will look for information to show that the stated cause for termination is incorrect. When an employer employs a bogus reason for termination as a cover for the genuine, illegal reason, it is referred to as a “pretext.”
Your attorney will want to look through any employer documentation available when reviewing your case. This usually includes your personnel file as well as any documentation pertaining to the reasons for your dismissal. If you were fired for poor performance, your lawyer would want to look over any papers connected to your performance during and after your employment. Employee evaluations and performance reviews are crucial in establishing whether you were treated differently than other employees.