Wrongful termination refers to when an employment contract is terminated — in other words, the employee is fired — for illegal reasons. The most complicated part about the judicial process of a wrongful termination case is determining whether the termination was truly illegal or whether it was simply unfair.
The employment contract is usually drafted to protect both the employer and the employee, and for the contract to be terminated, it has to be in accordance with the contract terms. If the terms are violated by either party, the other has to right to take it to court. The lawyer for this type of case will also have to determine whether the employer has broken a state or federal law in terminating the contract. A wrongful dismissal can be highly disruptive to a person’s growth and integrity in the future, which is why it must be taken seriously.
The same is true for physicians as well, as these professionals and many other medical practitioners work in a private medical group, office, or clinic. These private entities are practically a company in itself, and they must obey the employment laws just like any other type of business. We’ll be talking about employment contracts and what qualifies as an illegal termination of the employment contract in this article.
The employment contract
- As briefly mentioned, an employment contract is a binding contract that determines what the employer and employee are expected to do. It also includes the conditions of employment, which if the employee violates, the contract can be terminated without any legal consequences.
This is to protect the employer, as you wouldn’t want to risk a court case every time you fire someone who has seriously broken the code of conduct or professional etiquette. It’s especially important in the medical industry, as a violation of medical standards can put patients at risk of injury, infection, and other serious issues. The employment contract should also include how the contract is to be terminated in detail so that there’s no confusion for what each party is expected to do if the contract is to be terminated prematurely.
Protection against discrimination
- The employment contract will protect either party from being discriminated against due to their race, gender, age, body figure, and other things. It will also prevent the other party from taking actions against the bullied party in the case that they file for a complaint or report as well.
What should you do?
- If you have recently been fired and think that the reasons for dismissal violated the legally binding contract, you will have to review it, first and foremost. Read the terms very carefully to see if the employer has violated any agreed upon clauses. If this is the case, it may be in your best interest to call an employment lawyer and discuss your next course of action with them.
Tips on how to work with a lawyer
You need to make sure that you are as honest and straightforward with your lawyer as possible. Every piece of evidence is on a timer, and they must be gathered as quickly as possible to ensure that the paperwork hasn’t expired or been terminated. It’s also beneficial for your case if you don’t involve too much emotion throughout the process, as that may cloud your judgment. You have to use logic and facts as the foundation for your decisions, as these things are tangible evidence that you can use to further your chances of winning the lawsuit.
Romanosky Law specializes in protecting individuals that have had a wrongful termination. Get in touch with us today to see how we can help.