A Boston Wrongful Termination Lawyer Can Fight For Your Business
Terminating employment is a natural part of running a business. While you generally have the right to employ whomever you want, it is unlawful to fire someone under certain circumstances. Unfortunately, some businesses are sued for wrongful termination despite doing nothing wrong.
If you have been the target of a wrongful termination action, our team is here to help. Massachusetts is an “at-will” state, and we can ensure your rights are protected under the law. Reach out to our Boston wrongful termination lawyer to discuss your defense. From private schools to businesses of all sizes, we are here to advocate on your behalf.
What Is Wrongful Termination?
Wrongful termination occurs when an employer fires an employee in violation of specific legal protections. Despite being an at-will state, there are several categories of terminations that are not unlawful. These may include:
- Firing in retaliation for reporting illegal activity
- Termination based on discrimination
- Breaching an employment contract
- Letting an employee go for taking legally protected leave
- Termination as a form of retaliation
It’s important to distinguish between being fired for a bad reason and being fired for an illegal one.
Common Grounds for a Wrongful Termination Claim
Several situations could lead to wrongful termination. Some of the most common examples include the following:
Discrimination
Federal and Massachusetts laws make it illegal to fire someone due to certain protected characteristics. These include:
- Race or national origin
- Gender or sexual orientation
- Pregnancy status
- Age
- Religion
- Disability
One of the most challenging situations when it comes to defending these claims is facing allegations of discrimination by a member of a protected class, even though that class had nothing to do with your decision. Our attorneys can clear the air and highlight the real reason for the termination.
Retaliation
Employees who engage in “protected activity” like reporting discrimination or wage violations are shielded from employer retaliation. However, you have the right to take action against these employees for genuine misconduct.
Breach of Contract
If an employment agreement spells out the terms for terminating employment, your company must follow them. Of course, your employees are also bound by these documents. We can help establish when a person was terminated for violating the terms of their contract.
Family and Medical Leave
The Family and Medical Leave Act (FMLA) allows eligible employees to take unpaid leave for medical and family reasons. If you are accused of firing an employee while on protected leave, we can build a case disputing those allegations.
Proving a Wrongful Termination Case
Wrongful termination cases can be legally complex and fact-intensive. In order for a plaintiff to succeed with their claim, they must establish:
- An employment relationship – showing they were hired and terminated by the employer in question.
- A wrongful reason for termination – evidence that the firing violated a law, public policy, or contractual obligation.
- Damages – lost income, emotional distress, or reputational harm caused by the termination.
In order for these claims against you to be successful, a plaintiff will need to establish all three of these elements. When we build a defense strategy, our goal is to attack the evidence of each element in an effort to prevail should your case go to trial. Let us manage your defense from start to finish and help you get the outcome you deserve.
The Importance of Termination Policies
Employers can benefit from carefully drafted termination policies and procedures. Having these policies in writing can reduce legal risk and ensure compliance with employment and workers’ compensation laws. Clear documentation outlining performance expectations, progressive discipline, and grounds for termination helps establish that any discharge was legitimate and not retaliatory.
This is particularly important in workers’ compensation cases where firing an employee who has filed a claim could be construed as retaliation. Policies should also outline internal procedures for investigating misconduct, conducting exit interviews, and securing final paychecks in accordance with Massachusetts law.
An appropriate termination process protects employers while promoting transparency. Our firm can create a plan that aligns with all legal requirements and helps avoid costly disputes down the line.
The Value of a Proactive Approach
Taking a proactive approach before terminating an employee can help your business avoid costly legal disputes. Consulting with an attorney before initiating the termination process allows you to confirm that all applicable laws have been followed, including proper documentation, non-retaliatory reasoning, and compliance with state wage and hour rules.
Our attorneys can review your disciplinary records, ensure your internal policies were applied consistently, and help you avoid missteps that could lead to a wrongful termination lawsuit. This early legal guidance not only protects your business but also supports a fair and defensible process.
Being proactive is especially important in certain industries, particularly within private schools. Planning with our team allows you to act with confidence and reduces the risk of claims that could damage your company’s finances or reputation.
How We Help
At General Counsel Law, LLC, we take a practical and compassionate approach to wrongful termination cases. We understand that these claims can upend your business even when you have done nothing wrong. Our goal is to protect your business and reputation while enforcing your rights at trial.
A trusted Boston wrongful termination lawyer will handle every stage of the process. From initial consultations to planning trial strategy, we can guide you every step of the way. Our firm is deeply familiar with Massachusetts employment law, giving us insight into how companies defend these cases.
Contact a Boston Wrongful Termination Lawyer Today
If you are facing a wrongful termination claim, don’t wait to act. Any delay could work against you and put your defense at risk. Let us review your situation, explain your options, and stand by your side as you take the next step. Contact General Counsel Law, LLC to speak with a seasoned Boston wrongful termination lawyer and begin your path toward justice.