Do I Need an Attorney If I’ve Been Fired?

October 13, 2023

Colorado Springs

(719) 309-3000

Grand Junction

(970) 287-1173

You’ve been fired by your employer. Experiencing job loss can be overwhelming, often leading to questions such as, “Do I need an attorney?”. At Ramos Law, we are committed to helping individuals navigate through these complexities. Explore the facets of employment termination, from unlawful dismissals to workplace harassment, equipping you with the knowledge to make informed decisions. So, if you’re trying to determine whether to seek legal counsel, here are some key considerations and questions to keep in mind.

Understanding Your Employment Agreement

Your employment agreement is a crucial document that outlines the terms of your employment. This includes specifics such as your job role, salary, benefits, and the procedures for termination. A clear understanding of this agreement is essential as it forms the basis for your relationship with your employer. If you find yourself terminated, it’s crucial to meticulously review your agreement to confirm that your employer has followed the agreed-upon termination procedures. Was there a breach of contract by your employer? Check the handbook or policy manual for any potential violations. Did you receive a severance package? An attorney can help decipher the terms and conditions, ensuring your rights are protected. Additionally, keep in mind any non-compete or non-disclosure agreements you may have signed, as they could impact your future employment opportunities.

Potential Unlawful Termination

Unlawful termination, also known as wrongful dismissal, takes place when an employer’s rationale for firing an employee violates one or more terms of the employment contract, a statutory provision, or employment law. Were you let go after reporting workplace violations, safety concerns, or illegal activities? This could potentially be regarded as retaliation. It’s important to note that employers are prohibited from dismissing employees for bringing misconduct to light, as this is a protected action. Did your termination happen after you exposed your employer’s wrongdoing? You might be shielded under whistleblower laws, which safeguard employees who reveal illicit, unethical, or improper actions within their organization. If your dismissal stemmed from your refusal to partake in illegal activities or from asserting your legal rights, this could constitute a violation of public policy. Employers are not allowed to fire employees for refusing to engage in unlawful acts or for exercising their legal rights. In any of these situations, obtaining legal advice is vital to comprehend your rights and possible remedies.

Protecting Your Employment Rights and Benefits

It’s critical to ensure that your rights and benefits are protected during the process of employment termination. Have you been left with unpaid wages, overtime, commissions, or accrued vacation days upon termination? These may be recoverable with the aid of legal counsel. Employers are legally obliged to compensate you for all hours worked, including any additional benefits earned during your employment. As well, it’s vital to comprehend your rights concerning the continuation of health insurance coverage under COBRA or state laws. Job loss doesn’t necessarily equate to immediate loss of health insurance. You may be entitled to extend your coverage. Lastly, termination can have a significant impact on your pension or other retirement plans. In all these aspects, legal advice can guide you, ensuring you receive what you are rightfully owed.

Discrimination and Harassment

Discrimination and harassment in the workplace are serious matters that can lead to unlawful termination. If your dismissal was a result of discrimination based on protected categories such as race, religion, sex, nationality, age, disability, or genetic information, you could potentially have a strong legal case. Laws are in place to shield employees from discrimination and wrongful termination based on these attributes. Furthermore, enduring persistent harassment or a hostile work environment is not just stressful, but it can also be grounds for legal action. If your dismissal was a consequence of reporting such conditions, or if these conditions led to your constructive dismissal, you may have a basis for legal action. In either of these situations, it’s crucial to consult a legal professional who can help you comprehend your rights and determine the most appropriate course of action.

Contact the Ramos Law Firm 

Navigating the complexities of employment termination can be a daunting and stressful experience. Your choice of legal counsel plays a pivotal role in ensuring you receive justice and any compensation due to you. At Ramos Law, our experienced attorneys take pride in our unwavering commitment to championing our clients’ consumer rights. Whether you’re dealing with unlawful termination, discrimination, harassment, workers’ compensation, or other employment-related legal issues in Colorado or Arizona, our team is here to support and guide you every step of the way. Don’t hesitate to reach out to our team of seasoned attorneys for the legal assistance you need.