ONLY substantial and admissible evidence of illegal motivation for a discharge. A mere suspicion or hearsay never justify a suit.
The plaintiff has the burden of proof throughout the process.
Yes
A wrongful termination lawsuit is a legal action filed against an employer by an employee who believes they were wrongly dismissed from their job. Generally, the employee must prove that their termination was a result of illegal or discriminatory behavior by the employer, such as harassment or discrimination based on race, gender, age, or disability. There are many wrongful termination attorneys in Los Angeles, including Cummings & Franck, P.C. who can help the employer to fight for their rights in court and represent them with all legal help.
You theoretically can but you probably won't. Punitive damages are rare and require an extreme situation.
I suggest going to Employment Law Group http://www.employmentlawgroup.net
Any formulas or guidelines that exist can still be changed or overcome by the judge or jury in the case. Each lawsuit is individual and the wrongs done can be different in intensity as well.
Well it sucks but there is only one "at cause state" and is Montana. Every other state in this country is an "at will state", meaning that an employer/employee have the will to work policy, at any given time they can terminate with/without a reason, although they don't have to have a reason file unemployement and see what reason they give them and from there an investigation will be done, but if you feel you have been discriminated against then you file a complaint with the EEOC, then file a lawsuit against employer. The only way to prove wrongful termination is discrimanation.
Wrongful termination
At this time, there is no statue dedicated to NJ civil service wrongful termination. I may have seen a painting or two with this theme.
If a husband dies a wrongful death the wife and children may get a large sum in a lawsuit. The money depends on the case.
What, exactly, is the question? If you feel a wrongful death HAS occurred or was caused, file a civil lawsuit for wrongful death and/or malpractice against whomever you believed caused or contributed to it.This case might fall under medical malpractice or civil lawsuit.
It may depend on the specifics of the discrimination & termination. If it's based on color or gender Yes, it could generally be considered wrongful termination, however, if you're referring to the U.S., in 29 states it is perfectly legal to fire someone for being GLBT.
Labor Êand employment laws differ from one state to another. In Wyoming ,an employee can sue employer for wrongful termination, particularly for discrimination, breach of contract and retaliation for exercising you rights.Ê