Comprehensive Guide On Wrongful Termination Lawsuit In Australia

August 5, 2021    employmentlawyersblog   
Comprehensive Guide On Wrongful Termination Lawsuit In Australia

Do you think that you are fired from your job because of an unlawful reason? If so, you will probably wonder whether you should lodge a lawsuit for unlawful termination or file compensation. In addition, you will have other questions and doubts, too. Here we discuss the chances of settlement for the losses, whether you will need a lawyer, what their fees will be, etc.

Compensation In Case Of Wrongful Termination Claims

While many people receive a large amount of compensation (as much as $5000 to less than $80000) for their wrongful termination claims, many people do not receive anything at all. These are two potential reasons behind this situation.

  • Many employees think the wrong termination is the same as unfair firing. But it is not true indeed. Suppose you want to claim for wrongful termination legitimately. In that case, the reason behind your firing should be an illegal one, which may include religion, ethnicity, gender, disability, pregnancy, or national origin-based harassment or discrimination. But you cannot file for wrongful termination claims for other reasons like favouritism, personality conflicts, bullying, which can also lead to termination.
  • Many employees do not always find suitable unfair termination lawyers and for which they may not carry out the process well.

How Important Are The Lawyers?

First of all, when you seek help from an lawyer, you will understand how the whole procedure works. Seeking help from a professional lawyer will double your chances of getting a productive outcome in your illegal termination claims.

According to frequent surveys conducted by organisations, while more than 60% of people receive an award because of hiring lawyers, about 30% do not get anything because they choose to file the claim independently.

lawyers will also help you get a higher amount of compensation. The amount may be nearly $50000, while you may only receive around $20000 if any unfair termination lawyers in Perth do not represent you.

The reason is that when a lawyer chooses to represent you in court, they can bring solid and powerful evidence. As professionals, they are well aware of the administrative and legal hurdles that you have to pass, and they are also trained and experienced to negotiate with employers. Another advantage of having a lawyer at your side is that employers will treat your claim more seriously and offer you a higher settlement.

What Will Be The Charge Of A Professional Lawyer?

Professional lawyers generally charge in one of the three following ways for their lawn services.

  • Contingency Fees

In this case, the lawyer gets a percentage amount from the total amount of the award. So, if you do not receive any compensation, your lawyer will also not receive any payment. As per survey reports, the majority of the people pay a contingency fee to their lawyers, and the amount stays between 30% and 35% of the total compensation. However, on average, the amount remains less than 30%.

  • Hourly Fees

You may have to pay your lawyer’s charge on an hourly basis, too. And the hourly rate will depend on the location and the experience of the lawyer Most fired employees cannot afford this arrangement as the rate varies from $100 to $200 to even $300 an hour. Thus, if you want to hire the best employment lawyers in Perth, you should know the higher rate you will have to pay.

  • Combination Fees

In this case, you may be asked by your lawyer to pay a retainer charge at the beginning and agree to pay also a percentage of the compensation. A significant number of employees choose this arrangement.

What Are The Other Factors That May Affect The Outcomes?

Though the most significant impact on both the likelihood of getting compensation and its amount comes from the lawyers, other factors affect the lawsuit outcomes. These factors are as follows.

  • Negotiating Offers For Settlement

You can happily negotiate to get a better deal after you receive an offer for settlement. 99 out of 100 times, you will be successful in getting a better amount. As per various surveys carried out by different firms and organisations, 20% of the people do not go for negotiation, and as a result, the amount also comes less.

  • Filing A Lawsuit

A very few wrongful termination claims lead to an actual trial, but you will be in a more powerful negotiating position if you file a lawsuit. You will be able, to begin with, the formal process of discovery. People who take this step double their chances to receive a settlement compared to those who do not. Obtained payments are also comparatively higher for these people. The average compensation they receive is around $12000 or more.

  • Employer Size

This factor plays a significant role in terms of the amount of settlements received. Generally, people who work for a large employer (number of employees is more than 100) get higher compensation that may be around $43000 on average. This amount can be double the amount employees of small companies receive. The reason is simple. Large employers can offer higher settlements. But, there will be legal limits too related to this settlement. And, for large companies, the limitations will also be higher.

What Are The Probabilities?

Generally, it is not easy for you to get a fair compensation amount for being illegally fired. But, hiring a reputable employment lawyer can make things better for you. However, finding a suitable lawyer can also be challenging sometimes. Lawyers usually turn down their clients’ requests for the following three reasons.

  • If they find the firing was not unlawful, they will not be interested in the case.
  • If they do not find sufficient evidence to support the claims, they will show no curiosity.
  • And, if the amount of damage or lost wage is not enough, you will also get no lawyer to represent you.

Conclusion

Employer Lawyers Perth has served many clients over these years. They will first evaluate your case and then decide whether they will take it or not. So for the best advice and service, you can get in touch with them.

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