Unlike the previous times when employers would terminate employee contracts at will, it is unlawful to take action nowadays. Still, the legislation regarding wrongful termination is expanding to include various forms of punitive damages that determine the settlement. Getting the right employment lawyers for your wrongful termination case will help you get an appropriate remedy for unfair termination.
An Overview of Punitive Damages
When your employer terminates your contract due to malice, oppression, or fraud, it translates to punitive damages. Including them in your case will significantly improve your case value and possible compensation. However, it is challenging to prove punitive actions in a court of law, which is why an experienced wrongful termination attorney is critical for your case.
Establishing Punitive Damages
The conduct of a company’s directors, agents, and officers makes an employer liable for the actions. If the representatives act out of malice, oppression, or fraudulently terminate your employment, you can seek compensation on punitive damages. Below are some factors that lawyers use to determine punitive damages when handling wrongful termination cases;
Suppose your employer’s representatives knew of malice, fraud, and oppression leading to the termination. Enforcing such policies makes the company liable for damages. It is unlawful to adopt or approve such actions knowingly.
When the management or other partners of your employer played a role in the wrongful termination, whether by authorizing or ratifying malicious and fraudulent conducts relating to such cases.
Any entity acting on behalf of your employer makes the latter liable for punitive damages in case of fraud, oppression, and fraud in employment termination.
On the other hand, you cannot seek punitive damages on public entities. However, other government agencies can undertake disciplinary action for wrongful termination.
What to Expect
Filing a lawsuit against a large company can be challenging. The entities have a group of legal experts to handle such cases. Still, your employer may have company residence and addresses in a different State to where you were working. Therefore, it is essential to have a qualified and experienced attorney to aid your case. Depending on your situation, they will know how to file a wrongful termination case.
Besides hiring the best legal representatives, gathering evidence to support your claims is critical. The attorney will seek damages from the company for the actions of its directors, officers, and other representatives. Going for the actual person is unfruitful, as they likely cannot pay for punitive damages. In the past, lawyers representing a defendant in a wrongful termination case would argue to dispute the employer’s liability based on a managing agent. The law stipulates that the senior employees who implement the company policies and make decisions on behalf of the company are managing agents.
Conclusion
A fitting legal representative should be a specialized professional and have experience handling such cases in their daily practice. Still, consider a lawyer working in the same jurisdiction as the defendant’s residence. Knowing the local laws will help build valid claims essential to building a solid case and success in litigation.
