The termination of the employment contract is an issue that usually causes conflict between two parties, unless it’s by mutual agreement. In the absence of this agreement, this conflict may culminate in going to labor court. The labor judge will have to rule on whether the termination of the employment contract was valid or it was an unfair dismissal. To learn more about your specific case, contact your local Wrongful Termination Lawyers in Houston or continue reading.
Here are some questions that should be asked when hiring a lawyer.
1. Where can I complain if I consider my dismissal unfair? If you think you were unfairly or wrongfully terminated, you have two potential claims: a judicial claim before the court and an administrative complaint through the Labor Board.
2. What is a complaint with the Labor Board? This type of claim involves a claim being filed to the employer. A subpoena then goes to the Labor Board for review. Your goal is to agree on a settlement. If nothing else, the Labor Board can sue for your unfair dismissal.
3. How long from the date of dismissal can I talk to the courts? You have 60 working days, meaning from the day you were unfairly dismissed to the time you must file.
4. Does the wrongful termination deadline to sue suspend if you file a complaint with the Labor Board? Yes, if the worker files a complaint with the Labor Board for being unfairly dismissed, the deadline for applying to the courts can be suspended. The term will start again after the administrative complaint is concluded. However, you cannot go to court beyond the 90 working day mark from being dismissed.
The completion of a contract is a different situation, so there is no applicable formula in all cases, however, there are certain basic rules that apply, such as the employment contract can only be terminated by a legal cause. There are other issues that could lead the Court may to declare that it is a wrongful termination. Knowing the ins and outs of your case is a must. This is why hiring Wrongful Termination Lawyers in Houston is a great idea. For more information visit The Law Offices of Filteau & Sullivan
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