Wrongful Termination

Wrongful termination occurs when an employer either dismisses or refuses to rehire an employee after that employee has filed an injury claim of some kind against that employer. In the example of maritime law, we are dealing with injuries claimed under the Jones Act. It is illegal for the employer to fire the employee based on that employee making a personal injury claim against the employer. Also, if the employee is not rehired for a future voyage of the vessel with no other reason than the prior injury claim, then this can also fall under the scope of wrongful termination and is not legal under the laws that protect employees from that.

If an employee has a case for making a claim in regards to wrongful termination, they can be awarded one of many things. This can include being rehired to their original position, along with financial compensation for many things. This usually starts with the lost wages being required to be paid out, in addition to the extra value of the benefits that the employee would have been paying into during this period.

Also, there are many instances where emotional distress and punitive damages may be sought, depending on the individual circumstances surrounding the termination. Because of that potential to be fairly compensated, depending on your circumstances, it is always important to seek the advice of a qualified attorney in the case of losing your job or being unable to get rehired after any kind of injury claim. You may be being wronged and, in that case, it is only fair that you receive the total amount of compensation that you are legally entitled to. However, the employer will have many lawyers working hard to ensure they pay nothing more than the absolute minimum required of them so, in order to give yourself a fair chance, you must also have a lawyer working on your side of the equations.

There are cases where an employer can terminate employment after an injury that may have to do with circumstances that are not directly stemming from the injury. If this can be proven, it would not be considered wrongful termination and there would be no damages to pay. If, however, the termination was caused due to discrimination of the employer, in any form, or in retaliation to the original injury claim, then you have strong grounds for making a wrongful termination claim against your employer.

The circumstances surrounding these sorts of terminations can be a very gray area however, so it is important to have the services of a lawyer who is not only well versed in these aspects of the law, but is also an excellent communicator so that they may clear up any misunderstandings regarding the circumstances of your termination. Then you may have the necessary information and evidence to pursue a claim against your employer. It is not fair that you should not be able to work after recovery simply because you made a claim to what was fairly yours after your injury. For these reasons, you may need a lawyer to protect your right to work the same way you need a lawyer to protect your right to compensation after an injury.