October 12, 2021 | Wrongful Termination Lawyer

3 Tips for Winning Your Wrongful Termination Lawsuit in Omaha, Nebraska

Have you been recently terminated from your job in Omaha, NE? If you believe you were wrongfully terminated, you might have a case against your employer. Although many jobs are considered at-will employment, some terminations – even when no cause is given – are illegal.

Labor and employment law exist to protect employees from discrimination. Both federal and state law are clear regarding four common situations that can be considered wrongful termination in Nebraska:

• Discriminatory termination. The Civil Rights Act of 1964 protects employees from being fired solely based on race, religion, color, sex, or national origin. Additional protections have been extended to protect employees from being fired based on a disability, marital status, or for being pregnant.
• Termination after exercising a legal right. It’s illegal to terminate an employee for exercising a right like filing a workers’ compensation claim, filing a report with Human Resources (HR) according to company policy, and requesting a reasonable accommodation for a disability.
• Termination in violation of a written or implied contract. Employment contracts must be honored by both parties. If an employer violates an employee’s contract by terminating them outside the terms of the contract, it might be a wrongful termination.
• Termination in violation of a union collective bargaining process. When an employee violates a union employment contract, it could be considered wrongful termination depending on the contract.

If you’ve been terminated from your job for any of the above reasons, or for other reasons you believe are discriminatory or illegal, here’s what you need to do.

1. Hire a wrongful termination lawyer immediately

A wrongful termination attorney in Omaha, NE will help you get the compensation you deserve. It takes experience to win a wrongful termination case, and to negotiate a worthy settlement. Lawyers have experience and fierce negotiation skills.

Representing yourself, on the other hand, is hard. Navigating the legal system on your own is incredibly stressful and your case is unlikely to end in your favor. Courts don’t like pro se litigants because their lack of experience slows down the entire process.

When you pursue a lawsuit against an employer, it’s probably going to settle out of court. This means you’ll need some serious negotiation skills. When you’re not an employment lawyer, negotiating will be stressful and challenging. You won’t know when to accept or reject an offer, which means you’ll risk not getting the compensation you deserve.

Don’t risk losing your wrongful termination case. Secure legal representation as soon as possible.

2. Familiarize yourself with successful wrongful termination cases

If you’re feeling defeated or don’t see a reason to pursue a lawsuit, look for cases other employees have won. You’d be surprised at how many employees fail to realize when they have a strong case against their former employer.

Use your favorite search engine to find out what kind of wrongful termination lawsuits employees usually win. For example, employees under a written or implied employment contract are often fired illegally. This type of case is generally the easiest to prove.

On the other hand, you’ll probably find that fighting a discrimination case is more difficult, especially if you don’t have a lawyer. If you’ve been fired for discriminatory reasons like your sex, race, disability, or national origin, you need an attorney to win your case.

If you’re feeling defeated, you’ll feel hopeful after reading about other cases employees have won. However, no case is the same and the court system is highly complex. While you can’t expect the same outcome as anyone else, don’t give up before consulting with a wrongful termination lawyer.

3. Don’t reject an offer your attorney says is worth taking

Most wrongful termination cases will settle before going to trial. This is actually advantageous because a trial will cost much more in lawyers’ fees and you’ll be subject to whatever the jury decides.

When your attorney negotiates a settlement on your behalf, they’ll go through several rounds of negotiations. Most first offers are extremely low because employers want to pay as little as possible. It’s appropriate to reject the first or even second offer, but once your lawyer tells you an offer is likely the most you’re going to get – take it.

Attorneys know when negotiations have hit a brick wall. If you don’t accept an offer at that point, your former employer could withdraw their offer entirely, forcing you to go to trial to get what could end up being even less after court and lawyers’ fees.

Listen to your lawyer. If they say you’re unlikely to get a better settlement offer, trust their assessment of the situation and take what you can get.

Were you terminated illegally? Secure legal representation ASAP

If you believe your recent termination was illegal, contact an attorney immediately. Don’t wait until you run out of time. Secure legal representation as soon as possible so you can get the compensation you deserve.

Wrongful Termination Lawyer