South Carolina is a right-to-work state. Columbia follows state law. In most instances, a Columbia business can fire an employee for any reason. However, there are some exceptions. If a business wrongfully terminates a worker, this individual can seek damages in court.
If you believe you are the victim of wrongful termination, the Shelly Leeke Law Firm can help. We can connect you with an experienced Columbia wrongful termination attorney. From here, our attorney can review your claim and help you determine if now is the time to file a lawsuit.
When to File a Wrongful Termination Lawsuit in Columbia
A worker is wrongfully terminated when their employer violates a policy or law. Generally, employers have workers on staff at will, and either of these parties can stop the relationship at any time. Yet, there are instances in which it becomes illegal for an employer to fire a worker, such as:
Breach of Contract
A business and an employee may put together a contract. Each party is required to comply with the terms and conditions of the agreement. If an employer fires a worker, it may breach its contract with the employee.
Harassment is a serious problem since it contributes to a hostile work environment. An employer may try to dismiss a worker who reports harassment to a coworker or superior. If this happens, the employer is wrongfully terminating the worker who reported the harassment and can suffer legal and financial ramifications.
Discrimination is inexcusable under any circumstances. If a manager mistreats an employee based on the worker’s age, gender, or other factors and fires this worker, the manager can be held accountable. At this point, the manager and their employee can be subject to a wrongful termination lawsuit.
There can be times when an employee reports an on-the-job health and safety issue or other work-related problems. The employee is doing their part to help their employer and create a safe and productive work environment. Conversely, the worker’s employer may retaliate by firing the employee, which is against the law.
For those who are the victim of wrongful termination in Columbia, do not wait to seek legal help. A Columbia wrongful termination lawyer can learn about your case. Next, your lawyer can help you file a wrongful termination lawsuit.
What to Expect When You File a Wrongful Termination Lawsuit in Columbia
After filing a wrongful termination lawsuit in Columbia, expect a lengthy legal process. If you partner with a wrongful termination lawyer in Columbia, you are well-equipped to build and present a strong case. Your lawyer will do everything possible to help you seek justice and collect damages from anyone responsible for your wrongful termination.
Ultimately, your wrongful termination attorney in Columbia will help you file a formal complaint against your employer. Your lawyer can reach out to the Equal Employment Opportunity Commission (EEOC) and South Carolina Human Affairs Commission on your behalf. These agencies can review your wrongful termination complaint and help you hold your employer accountable for its actions.
Your lawyer will help you prepare for your trial, too. Your attorney can gather and review evidence in the weeks leading up to your trial. Your lawyer can also prepare you for any questions you receive during your trial.
How to Prepare for a Columbia Wrongful Termination Trial
You should show relevant evidence that highlights how you were wrongfully terminated. Evidence you can use in a Columbia wrongful termination case includes:
- Your termination or layoff notice
- An employee handbook and/or work policies
- Any contracts you had with your employer
- Your pay stubs
- Interviews with coworkers who can provide details about any harassment or discrimination you experienced
An experienced wrongful termination attorney allocates plenty of time, energy, and resources to your case. The lawyer uses evidence to build a case and present a compelling argument in court. Plus, the attorney is available to answer any of their client’s questions at any point during their litigation.
What to Do if You Receive a Columbia Wrongful Termination Settlement
Your employer may propose a settlement to resolve a Columbia wrongful termination lawsuit. The settlement gives you the opportunity to close your case. On the other hand, you should resist the urge to accept any settlement right away.
If you are presented with a settlement offer, consult with a wrongful termination attorney. This allows you to get legal help as you evaluate a settlement proposal. Your lawyer can help you weigh the pros and cons of a settlement and make an informed decision about it.
You may be unhappy with a settlement offer from your employer. As such, you can reject the offer and continue to work with your attorney. If you and your employer cannot reach a settlement, you will attend a trial and present your argument.
How a Wrongful Termination Case in Columbia Gets Resolved in Court
In a wrongful termination trial, you can present evidence to support your claim. Your attorney can share evidence that illustrates how you are the victim of wrongful termination. Also, your lawyer may question coworkers and other witnesses who will support your claim.
Comparatively, your employer’s attorney will try to raise doubts about your evidence and witness testimony. This lawyer will contest your argument as part of their efforts to receive a favorable ruling. Meanwhile, your lawyer will do their part to show why you deserve to be awarded damages.
If your attorney is successful, you may receive thousands of dollars in damages in your wrongful termination lawsuit. Once you are awarded damages, any at-fault parties are required to pay them. After you receive your damages, your case is resolved.
Get Started with a Columbia Wrongful Termination Attorney
The Shelly Leeke Law Firm makes it easy to reach a wrongful termination attorney in Columbia who keeps their clients’ best interests in mind. Our attorney is committed to helping you file a wrongful termination lawsuit and resolve your case in as little time as possible. To learn more or request a consultation, please contact us today.