If you suspect you are the victim of a wrongful termination from your employment, you may have a desire to pursue legal action to obtain justice and compensation that you feel you may be entitled as the result of an improper filing by your attorney. If your initial inkling is to “represent yourself” in making a wrongful termination claim, your legal interests demand that you give that type of decision a second thought.

By hiring an experienced employment law lawyer, a victim of wrongful termination enhances the prospects of protecting legal rights, raises the possibility that justice will be served, and better ensures that fair financial compensation ultimately will be forthcoming in a case. There are a number of reasons why retaining a wrongful termination lawyer San Jose can enhance your odds of having a successful resolution of your case. These key benefits of retaining a skilled employment law lawyer include:

• Negotiation skills
• Objective case analysis
• Understand statutes, regulations, court decisions
• Manage administrative process
• Ligation abilities

What is a Wrongful Termination Lawyer?

Before considering the various ways in which a San Jose wrongful termination attorney can make a significant difference in the pursuit of your case, a basic understanding of what precisely is meant by wrongful termination is necessary. In basic terms, wrongful termination occurs when a person is terminated from employment in violation of a contract, public law, or constitutional mandate.

Wrongful termination as a term of art is also called a number other things in a legal discussion. These include:

• Wrongful discharge
• Wrongful firing
• Wrongful dismissal
• Illegal discharge
• Illegal termination
• Illegal dismissal 

Negotiation Skills

A key reason why hiring an experienced wrongful termination attorney San Jose is because this type of professional has the background and skills necessary to undertake meaningful and effective negotiation. The fact is that the vast majority of California civil cases are settled before trial and as a result of negotiation between the parties. Because this is the manner in which so many civil lawsuits are settled, including those arising from wrongful termination. Attempts to negotiate the settlement of a wrongful termination case can prove to be a boondoggle if a party lacks necessary and fundamental negotiation skills and experience. In other words, you might have an other wise strong claim involving wrongful termination. However, if you lack the ability to effectively negotiate yourself, or if you retain the services of an attorney with little background in negotiation, you can end up with your very legal rights and interests at risk.

Objective Case Analysis

You also need to give serious consideration to retaining the services of a wrongful termination attorney San Jose because of the need to have a reasoned, educated, objective evaluation of your claim. No matter how objective any of us think we are, when we find ourselves terminated from our employment in a manner we do not feel was appropriate, consider the facts and circumstances surrounding the matter becomes challenging. As humans, we are both intellectual and emotional beings.

In the final analysis, in order to make wise decisions when deciding whether to pursue a wrongful termination claim, and when actually formally pursuing it, you need to think about the situation objectively. Emotions must somehow be set aside, if possible. And, sometimes that just is not possible, and understandably so.

Understand Statutes, Regulations, Court Decisions

A San Jose wrongful termination lawyer understands and knows how to apply the statutes, regulations, and court decisions that are applicable to your situation. Wrongful termination law is a part of the “legal realm” that is always in a state of flux to some degree. What this means is that there are always develops when it comes to laws on the books, associated regulations, and court decisions, all of which can have a direct impact on your wrongful termination claim.

There are changes in the law that can negatively impact your wrongful termination case. Retaining a skilled San Jose employment lawyer brings a professional to your team that understands how to address potentially negative alterations in the law as it might pertain to your case. Significantly, an experienced employment attorney also works to identify changes in wrongful termination law that benefits your claim, that buttresses your case.

One of the biggest disadvantages that face a person who elects not to retain the services of a wrongful termination attorney San Jose is that such a decision precludes ready access to someone who really does understand the law. Even in the Digital Communications Age, with virtually instant access to information via the internet, lawyers have developed specialized research skills which allow them the ability to “find things” that a person untrained in the law will not readily be able to access. Indeed, a lawyer actually began learning how to thoroughly research an issue beginning during the first semester of law school, a reality that underscores the importance of this skillset.

Manage Administrative Process

In some cases involving wrongful termination, a claimant may need to pursue what is known as an administrative remedy before filing a lawsuit. A seasoned wrongful termination lawyer San Jose understand what is involved in any administrative process that needs to be undertaken as part of the overall pursuit of a claim in a particular case.

The typical Californian certainly has seen courtroom scenes on television and in the movies. In other words, a person usually understands some of the basic processes associated with the judicial system, with a trial and similar types of court “settings.”

With that said, in nearly all situations a victim of wrongful termination has no real prior experience involved in some sort of administrative proceeding, like one before the U.S. Equal Employment Opportunity Commission or a similar type of agency in California. In other words, an administrative proceeding can be a truly challenging process to confront if a victim of wrongful termination must do so without legal representation.

Litigation Abilities

Finally, an overarching reason why you will want to retain the services of a wrongful termination attorney is because a lawyer experienced in this arena has honed his or her litigation abilities. The reality is that wrongful termination and other types of employment-related lawsuits are complex, challenging legal matters.

As has already been discussed, statutes, regulations, and previous appellate court decisions associated with wrongful termination matters can prove challenging to fully understand and apply in particular situation. Even highly experienced lawyers who do not routinely practice in the area of employment law would find this to be the case.

Beyond these challenges, federal and California court procedures can prove challenging to a person who is not regularly involved in employment law matters. Legal counsel with a strong background in wrongful termination will have hands-on experience in the court system. That professional will understand how to maneuver through the court system effectively in a wrongful termination lawsuit.

Legal Aid is Available

The first step in retaining the professional services of a San Jose wrongful termination law firm or attorney near you is to schedule an initial consultation and case evaluation. The common practice in California is for a wrongful termination lawyer to schedule this type of preliminary appointment at no cost and no obligation to a potential client. 

800-337-7436