How To Find The Best Wrongful Termination Attorney
You may have a claim for wrongful dismissal if you think your employer has breached your contract in firing you.
This includes sacking you without giving you proper notice and if you are dismissed without following the procedures set out in your contract.
This can be a difficult time and you may not know what to do next. Here’s the most important points you should consider, and how to find the best wrongful termination attorney…
What You Need To Know About Wrongful Termination…
There’s no minimum period of time you need to have worked at the employer for to make a claim for wrongful termination. However you must lodge your claim within three months of being dismissed.
If you are seeking compensation you will also need to show that the wrongful dismissal caused you to suffer a financial loss.
Compensation is usually based on the loss of earnings from the cancelled notice period, and any associated benefits such as pension payments or health insurance.
The minimum/maximum notice period (depending how long you have worked there) your employer should give you before terminating your contract is written in law, but check your contract for the details.
This statutory minimum notice period is: one week’s notice if you have been employed continuously for one month or more, but for less than two years. After two years, you are entitled to an additional week’s notice for each further complete year of continuous employment, up to a maximum of 12 weeks.
In an Employment Tribunal the maximum that a tribunal can award for wrongful dismissal is capped at £25,000, but there is no such cap in the county or high courts.
If there was gross misconduct on the part of the employee and they are dismissed without notice, then there is likely no wrongful dismissal case to answer.
How To Make A Wrongful Termination Claim…
Your first stop in a wrongful dismissal claim, before heading to a tribunal, is to approach Acas, the organisation that handles workplace disputes. You must file an early conciliation notification, telling Acas that you want to pursue a wrongful termination claim.
This sets the wheels in motion for conciliation, where Acas will help you to try to resolve the issue with your employer and avoid a tribunal.
If no solution can be found, Acas will issue you with a conciliation certificate allowing you to proceed to tribunal. You won’t be able to proceed to tribunal without this certificate.
This process won’t affect your three month time limit for a wrongful termination claim. The clock ‘stops’ as soon as you make your notification to Acas and starts again when you receive your conciliation certificate.
How To Find A Wrongful Termination Attorney…
Employment law is complex. If you’re already under considerable emotional and financial stress from being dismissed from your job, the last thing you need is to have to wade through mountains of confusing documents.
Look for a specialist in employment law. Don’t be afraid to check out three or more solicitors before you find the right one for you. Ask what their success record is and what level of compensation they think you can claim for.
You need a wrongful termination attorney on your side that has considerable experience in employment tribunals and fighting cases in the county or high courts.
Consider your budget and their location. Take into account local recommendations and reviews, but ultimately trust your instincts. They will be dealing with details of your life, so go with someone you feel comfortable with.
Wrongful Dismissal Vs Unfair Dismissal…
It’s worth noting that these are two very different things and should not be confused. Wrongful dismissal falls under contract law and just deals with whether there was a breach of contract. It looks at what happened, not why it happened. Unfair Dismissal looks at the reasons behind your dismissal and is covered by statutory law.
If you need further guidance on wrongful termination or any aspect of employment law, give our friendly team a call. They are always on hand to listen and advise, no matter what your situation.