Employees are generally divided into two categories: at will and contract. At-will employment means that an employer may terminate an employee without cause, provided the termination does not violate the law, such as discriminating on the basis of race or gender. Contract employees have legally binding agreements (contracts) with their employers that contains terms regarding their employment, such as conditions under which they may be terminated. If you have any questions whether your employment is at-will or under contract, please contact a Ft. Lauderdale employment lawyer.
Regardless of which type of employee you are, if you were wrongfully discharged under the law or your contract, you may be entitled to have your employment position reinstated. Your Ft. Lauderdale employment lawyer can advise you whether reinstatement is an option.
Wrongful Termination Remedies
When an employee prevails in a wrongful discharge case against his/her employer, the law requires the employer to compensate the wrongfully discharged employee for its wrongdoing. That compensation, called legal remedies, will vary depending on whether your employer violated federal and/or state laws and the type of discrimination involved. Remedies fall into two categories: legal (monetary) and equitable (non-monetary). Legal remedies include, but are not limited to, lost benefits and wages, attorneys’ fees, and punitive damages. The appropriate equitable remedy in a wrongful discharge action is reinstatement of the position from which you were wrongfully terminated.
Exploring all the legal remedies available to a successful plaintiff is beyond the scope of this article. A knowledgeable Ft. Lauderdale employment attorney can more fully address these remedies.
Reinstating Your Employment
If you elect to be reinstated, you are likely concerned about a strained employment relationship following the litigation. However, the laws governing wrongful discharge prohibit employers from retaliating against employees who exercise their legal rights. Discuss any and all concerns with your Ft. Lauderdale employment attorney.
You and your employer will likely negotiate the terms of your reinstatement. Your employer’s attorney will negotiate terms most favorable to the employer. The employer’s attorney has a duty to represent its best interest, not yours. You should consult a Ft. Lauderdale employment lawyer to negotiate on your behalf.