Posted November 12, 2018 12:01:01After you get canned by your employer, you might be able to sue the company for wrongful termination.
But it may not be worth the risk, experts told Vice News.
For one, it’s hard to prove that the company was fired for a specific reason.
“If it was an accident, or you’re fired for being overweight, that’s not enough,” said Jessica A. McAllister, an employment attorney at Davis & Young LLP.
“And that’s what a wrongful termination suit is all about.
And if it’s a cause of action for negligence, that could lead to punitive damages.”
It’s even harder to prove the company knew you had a medical condition.
If the company doesn’t tell you why you’re terminated, that might not be enough, said Robert G. Kelleher, an attorney at Belson.
“You have to prove to a jury that you knew that they fired you because you had an illness, or because they had something else in mind.”
A lawsuit could be expensive, even if you win the case.
If you win a case in court, you could be liable for millions in lost wages and benefits.
If a company can prove that you were terminated for having a medical issue, you’ll likely get less money.
And you could face a bigger lawsuit.
If your job was a low-paying one, the employer could face more legal problems, such as losing your job or being sued by your family, friends or co-workers.
If you’re unemployed and have to take time off work, you should consider suing the company, said Adam L. Zweig, a professor of employment law at New York University School of Law.
You might be eligible for an award of back pay.
Or, you can sue the employer for damages.
The courts have said employers are not required to provide you with pay for your work.
However, you have to be aware that the law is complex and could affect your future job search, Zweicher said.
If it’s important to you to pursue your employment with a company that is looking for a new hire, you may want to contact an employment lawyer in your area, he said.
“You might want to consider filing a lawsuit in your state’s courts, but it’s not a good idea unless you are sure you’ll win,” Zweigs said.
If your job ended after you were fired for having an illness or a medical problem, you’re still eligible for a severance payment, but not as much.
Your employer is still liable if the firing is based on a medical reason, and you could get a refund of your severance, according to the Department of Labor’s website.
The Department of Justice also has guidance on wrongful termination in the employment law area.
“In general, it would be wise for a company to not make its firing decision based on the medical condition of a former employee who is currently unemployed,” said the agency’s Office of Civil Rights, which has issued guidance for states and employers on wrongful dismissal.
The law may also have a bearing on other wrongful dismissal cases, such with your boss.
The National Labor Relations Board has guidance that explains how to resolve such cases.
If an employer has terminated you based on your medical condition, you don’t have to pay the amount of the severance that was paid.
However you handle the termination, remember that if you’re suing, you need to show the company did nothing wrong.
“It’s a matter of proving you were injured and that the termination was not justified,” McAllisters said.