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Our services
Process
Our legal team employs a systematic, evidence-based approach to challenge wrongful for-cause terminations and secure fair severance for no-cause dismissals. We begin with a forensic review of your employment contract, company policies, and all written communications related to your dismissal. We then gather and preserve evidence, including witness statements and performance records, to build a factual timeline. A core part of our analysis involves applying state-specific wrongful termination doctrines and federal statutes like the WARN Act, which requires 60 days' notice for certain mass layoffs. We leverage this meticulous case construction to engage in structured settlement negotiations, with litigation readiness ensuring our clients' leverage. Understanding the calculation of potential recovery is essential, which we detail in our guide on how severance pay is calculated.
Local Considerations — USA
Employment law varies significantly between states, impacting termination rights. "At-will" employment is the default nationwide, but exceptions and procedural requirements differ. For instance, California courts recognize a strong public policy exception to at-will termination, while New York has specific rules on final paycheck timing. Montana is the only state not strictly at-will, requiring good cause for termination after a probationary period. Furthermore, local city ordinances, like those in San Francisco or New York City, may provide additional protections regarding severance or notice periods. Our national practice is structured to navigate this complex patchwork, ensuring strategic advice is tailored to the jurisdiction governing your employment, whether your case is based in Los Angeles, Chicago, or Miami.
At a Glance
| Parameter | Reference Value |
|---|---|
| Typical Response Deadline | 21-45 days from notice |
| Common Severance Negotiation Period | 2-6 weeks |
| EEOC Charge Filing Deadline (Federal) | 180-300 days |
| WARN Act Notification Requirement | 60 days minimum |
Standards & Compliance
- At-Will Employment Doctrine (State Common Law)
- Title VII of the Civil Rights Act of 1964
- Worker Adjustment and Retraining Notification (WARN) Act
- State-Specific Wrongful Discharge Laws
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Our team reviews your project and issues an initial report at no cost.
Or write us directly at info@employment-lawyers.org
Frequently Asked Questions
What exactly constitutes 'cause' for termination?
'Cause' or 'just cause' typically requires proof of serious employee misconduct, such as gross negligence, fraud, theft, or repeated policy violations after warnings. It is a high legal standard; mere performance issues often do not qualify. An employer's bare assertion is insufficient—they must provide evidence.
What should I do first if I'm terminated without cause?
Secure your termination notice in writing, review any severance agreement carefully, and do not sign immediately. Severance agreements almost always require you to waive legal claims. Immediately consult an attorney to understand your leverage for negotiation before any deadlines expire.
How long do I have to legally challenge a termination?
Deadlines vary by claim. For most discrimination claims, you must file a charge with the EEOC within 180-300 days. Contractual claims may have shorter periods. For negotiating severance, you typically have 21-45 days to consider the offer. Immediate legal consultation is crucial.
How much does legal representation for a termination case cost?
Legal fees depend on case complexity, jurisdiction, and whether the matter settles or goes to trial. Many attorneys handle termination cases on a contingency fee basis for wrongful discharge claims, or an hourly basis for severance negotiation. We provide a clear fee structure after an initial case assessment. Contact us for a specific consultation.