Month: January 2019

Breaches of Good Faith and Fair Dealing at Work

breachesofgoodfaithandfairdealingatwork

If your employer acted unfairly, you may have a claim for a breach of a duty of good faith and fair dealing. Courts have found that employers breached the duty of good faith and fair dealing by:

firing or transferring employees to prevent them from collecting sales commissions
misleading employees about their chances for promotions and wage increases
fabricating reasons for firing an employee when the real motivation is to replace that employee with someone who will work for lower pay
soft-pedaling the bad aspects of a particular job, such as the need to travel through dangerous neighborhoods late at night, and
repeatedly transferring an employee to remote, dangerous, or otherwise undesirable assignments to coerce the employee into quitting without collecting severance pay or other benefits that would normally be due.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

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Wrongful Termination – Was Your Firing Illegal?

wrongful termination - was your firing illegal

If you’ve been fired from your job, how do you know if the termination was legal or illegal (called “wrongful termination”)?

Most employment is “at will,” which means an employee may be fired at any time and for any reason or for no reason at all (as long as the reason is not illegal). But there are some important exceptions to the at-will rule—and legal remedies—that may help you keep your job or sue your former employer for wrongful termination.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

Damages Available for Retaliation and Whistleblowing Claims – Part II

damages available for retaliation and whistleblowing claims - part ii

In some cases, you might also be entitled to damages for “pain and suffering,” for the emotional and physical harm caused by your employer’s actions. Punitive damages, intended to punish your employer for particularly egregious misconduct, may also be available.

And, in some whistleblower cases, you might be eligible for a fee or bounty for protecting the public from wrongdoing. (This might be a set amount per violation, a percentage of the total sanction against the employer, or some other amount determined by the statute or the court.)

Your lawyer can explain how much you might expect to win in your case.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

Damages Available for Retaliation and Whistleblowing Claims – Part I

damages available for retaliation and whistleblowing claims - part i

How much you might collect if you win a retaliation or whistleblowing case depends on the basis and strength of your claims.

For most wrongful termination cases, a winning employee can ask for:

back pay: wages and benefits you lost as a result of being wrongfully fired
reinstatement or front pay: you can ask the court to give you back your job or, if that’s not feasible, to award you the wages you will lose going forward until you find a new job
out-of-pocket losses: any expenses you had to pay as a result of being fired, such as the cost of searching for a new job, and
attorneys’ fees and court costs.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

Filing a Retaliation Complaint

filing a retaliation complaint

For certain retaliation claims, you may have to file a complaint with a government agency before you go to court. For example, if you were fired for complaining of workplace harassment or discrimination, you will need to first file a charge of discrimination with the Equal

Employment Opportunity Commission. If you want to sue for wrongful termination in violation of the Sarbanes-Oxley whistleblower protections, you must first file a complaint with the Occupational Safety and Health Administration.

Not all retaliation claims are subject to this rule, however. And, for some types of retaliation claims, you may—but are not required to—file an administrative charge before going to court. Your lawyer can help you figure out the requirements for your particular claim in your state.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com