When you have been terminated for unjust reasons and have damages, you can file a lawsuit for wrongful termination. In many of these cases, the employee feels like so much has gone wrong, but they don't know how to fight for what they lost. When you have been fired unjustly, you will undergo economic losses to start. There are other losses you will be going through that you may not even know you can fight for.
We can help you fight for the compensation you deserve after suffering damages in a wrongful termination. In South Carolina, the law allows for three years from the date of your dismissal to file a lawsuit. It's always better to start as soon as possible.
Damages in Wrongful Termination Claims
It's important to note that wrongful termination is not the same as unfair termination. Wrongful termination occurs under an illegal premise. Labor laws stipulate guidelines around which you must be fired. You must have violated policy or not done your job.
The damages in wrongful termination claims can range from a few thousand dollars to over $100,000. Factors that will go into this will include the company's size, if your lawsuit goes to a jury trial, the reason you were fired, and the losses you incurred.
If your lawsuit is successful, you will be compensated for economic damages and emotional damages, which would include any costs you incurred looking for work, the cost of health care if you lost benefits, and lost wages. There could be additional economic damages that you can receive if successful.
You may also be able to collect punitive damages in severe cases. Punitive damages take place if your employer is punished civilly with a monetary amount paid to you if the termination was illegal or wrong.
The behavior that will lead to punitive damages needs to be reckless and with malice. Document every experience with your employer and a jury may be the one that decides if there are punitive damages.
Contact a South Carolina Wrongful Termination Attorney Today
When you have been terminated, and it feels wrong, a lawsuit might be the first thing on your mind. There's never anything wrong with running it past a lawyer to see if you are right about this being unjust and worthy of compensation. At the Hopkins Law Firm, we help people fight for those rights. Call us for a free consultation at 843-314-4202, and we'll review your situation.
Can I get fired without warning?
You can, if you engaged in gross misconduct with your work. It depends on what the terms are of your employment and the terms of the termination. It depends on the circumstance. There are several reasons that you can get fired without warning. There are also several reasons that you can't.
How do I prove wrongful dismissal?
If you can show the circumstances surrounding your termination, that would be helpful. The documentation that led to your termination would be useful. If you can show the information is inaccurate, you may be successful in your claim.
Do I have to take my job back if it is offered?
You usually will have to do that. Since you are suing because you don't have a job anymore, you will be advised to accept a solution of going back to work. Again, this could be circumstantial. If you were fired because you reported sexual harassment, the terms of the settlement offer would be discussed with your attorney.