Wrongful Termination Claims

Getting fired can be a tough experience, and sometimes it feels like it wasn’t fair. When an employer lets someone go for reasons that seem wrong or illegal, it can lead to a wrongful termination claim. This area of law, known as wrongful termination law, deals with situations where an employee believes their dismissal violated their rights. It’s a complex field, and understanding the basics can help you figure out if you have a case.

Key Takeaways

Wrongful termination happens when an employer fires an employee for an illegal reason, not just because they want to.
Common reasons for wrongful termination include discrimination based on protected traits, retaliation for whistleblowing or reporting issues, breaking an employment contract, or firing someone against public policy.
Federal and state laws offer protections against unfair firing, especially related to discrimination and whistleblowing.
Proving a wrongful termination claim often involves showing a clear link between the employee’s protected action or status and the employer’s decision to fire them.
If a wrongful termination is proven, an employee might be able to get compensation for lost wages, emotional distress, or even get their job back.

Understanding Wrongful Termination Law

Defining Wrongful Termination

So, what exactly is "wrongful termination"? It’s not just about being unhappy with your job ending. In simple terms, it means your employer fired you for a reason that the law says is illegal. This is a big deal because, in many places, employment is "at-will." That means, generally, an employer can fire an employee for any reason, or no reason at all, as long as it’s not an illegal one. Think of it like this: "at-will" employment is the default, but there are specific exceptions that make a termination wrongful.

Key Elements of a Wrongful Termination Claim

To have a successful wrongful termination claim, you usually need to show a few things. First, you have to prove that an employment relationship existed. Second, you need to demonstrate that your employment was terminated. The really important part is showing that the termination was wrongful. This means proving that the reason for your firing violated a specific law or public policy. Finally, you’ll need to show that you suffered some kind of harm or loss because of this wrongful termination, like losing your income.

Distinguishing Wrongful Termination from At-Will Employment

This is where it gets a bit tricky. "At-will" employment is the standard in most US states. It basically says that either you or your employer can end the employment relationship at any time, for any reason, or no reason, without notice. However, there are important exceptions to this rule. Wrongful termination happens when an employer fires someone for a reason that falls into one of these exceptions. These exceptions often involve things like discrimination, retaliation, or breaking a contract. So, while "at-will" gives employers a lot of freedom, it’s not a free pass to fire someone illegally.

Here’s a quick look at the difference:

Employment Type	Employer’s Right to Terminate
At-Will	Any reason, or no reason, as long as it’s not illegal
Wrongful Termination	Cannot terminate for illegal reasons (e.g., discrimination, retaliation)

It’s important to remember that even if you feel your termination was unfair, it doesn’t automatically mean it was illegal. The law focuses on specific, prohibited reasons for termination.

Grounds for Wrongful Termination Claims

When an employer fires an employee, it’s not always a straightforward decision. Sometimes, the termination might cross a legal line, making it wrongful. Understanding these grounds is key for employees who believe they’ve been unfairly dismissed. It’s not just about being unhappy with the job loss; there needs to be a legal basis for a claim.

Discrimination as a Basis for Termination

Federal and state laws prohibit terminating employees based on protected characteristics. This means you can’t be fired because of your race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age (40 or older), disability, or genetic information. Employers must have legitimate, non-discriminatory reasons for termination. If you suspect discrimination played a role in your firing, it’s important to look for patterns or specific comments that might indicate bias. Proving discrimination often involves showing that the employer’s stated reason for termination is a cover-up for their true discriminatory motive.

Retaliation for Protected Activities

Employers are legally barred from retaliating against employees who engage in protected activities. What counts as protected activity? It includes things like reporting harassment or discrimination, participating in an investigation into such claims, requesting reasonable accommodations for a disability or religious practice, or taking legally protected leave, such as under the Family and Medical Leave Act (FMLA). Even if your initial complaint wasn’t fully substantiated, you’re still protected from retaliation. The key here is causation – showing that the protected activity directly led to the adverse employment action, like termination.

Breach of Employment Contract

While many employment relationships are considered "at-will," meaning either party can end the relationship at any time for any reason (or no reason at all), this isn’t always the case. If you have an employment contract, whether it’s a formal written document or an implied agreement, your employer must adhere to its terms. A breach of contract occurs when an employer violates a specific term of the agreement, such as firing you without the "just cause" stipulated in the contract or failing to follow agreed-upon disciplinary procedures. Understanding the specifics of your employment agreement is vital in these situations.

Violation of Public Policy

This ground for wrongful termination is a bit broader and protects employees who are fired for reasons that violate a fundamental public policy. This can include situations where an employee is terminated for refusing to break the law, for reporting illegal activity by the employer (whistleblowing), or for exercising a legal right, like voting or serving on a jury. Essentially, if your termination goes against a widely accepted societal principle or a specific legal mandate designed to protect the public good, you might have a claim. It’s about ensuring that employers don’t punish employees for doing what’s right or legally required.

Legal Protections for Employees

Federal Anti-Discrimination Statutes

Federal laws offer a baseline of protection against unfair treatment in the workplace. These statutes aim to prevent discrimination based on certain protected characteristics. It’s important to know that these laws apply to employers with a certain number of employees, so not every small business is covered by every federal law. For instance, the Civil Rights Act of 1964 is a big one, making it illegal to discriminate based on race, color, religion, sex, or national origin. Then there’s the Age Discrimination in Employment Act (ADEA), which protects folks who are 40 and older. The Americans with Disabilities Act (ADA) is also key, prohibiting discrimination against qualified individuals with disabilities.

Title VII of the Civil Rights Act of 1964: Prohibits discrimination based on race, color, religion, sex, and national origin.
Age Discrimination in Employment Act (ADEA): Protects individuals aged 40 and older from age-based discrimination.
Americans with Disabilities Act (ADA): Prohibits discrimination against individuals with disabilities and requires reasonable accommodations.
Equal Pay Act (EPA): Mandates equal pay for equal work, regardless of sex.

Understanding these federal protections is the first step in identifying potential wrongful termination. If you believe your termination was based on one of these protected characteristics, you may have a claim.

State-Specific Employment Laws

While federal laws set a national standard, many states have their own employment laws that can offer even broader protections. These state laws might cover smaller employers that federal laws don’t reach, or they might add more protected categories. For example, some states prohibit discrimination based on sexual orientation, gender identity, marital status, or political affiliation, which aren’t always covered federally. It’s really a patchwork of rules, so knowing the specifics for your state is a good idea. Some states also have their own versions of anti-discrimination laws that mirror federal ones but might have different procedural rules or remedies available.

Whistleblower Protections

Reporting illegal or unethical activities within a company can put an employee in a vulnerable position, but whistleblower protections are designed to shield them from retaliation. These laws, both federal and state, aim to encourage employees to speak up about wrongdoing without fear of losing their job. This can include reporting violations of safety regulations, financial fraud, or other illegal conduct. Retaliation for acting as a whistleblower is a common ground for wrongful termination claims. The specific protections can vary, but generally, an employer cannot fire, demote, or otherwise discriminate against an employee for reporting a violation or participating in an investigation.

Reporting Violations: Employees are protected when they report illegal activities to the proper authorities or their employer.
Participating in Investigations: Protection extends to employees who cooperate with investigations into alleged wrongdoing.
Protection Against Retaliation: Employers are prohibited from taking adverse actions against whistleblowers.
Sarbanes-Oxley Act (SOX): Provides specific protections for employees of publicly traded companies who report financial fraud.
False Claims Act: Protects whistleblowers who report fraud against the government.

The Role of Employment Contracts

When you start a new job, or even when you’ve been somewhere for a while, the agreement you have with your employer can really matter. This isn’t just about the salary; it’s about the terms and conditions that define your work life. These agreements can come in a few different forms, and understanding them is key to knowing your rights and what’s expected of you.

Express Employment Agreements

These are the most straightforward. An express employment agreement is a contract where the terms of employment are clearly laid out, either in writing or spoken. Think of a formal offer letter that details your job title, responsibilities, salary, benefits, and the duration of your employment, if it’s for a set period. These written terms are generally the strongest evidence of what was agreed upon. If your employer violates these specific terms, you might have a basis for a claim.

Implied Contracts and Employee Handbooks

Sometimes, the terms of employment aren’t written down in a single document. An implied contract can arise from the actions, statements, or policies of an employer over time. For example, if a company consistently follows a specific procedure for discipline and termination, that procedure might become an implied term of employment. Employee handbooks can also create implied contracts. While many handbooks state they are not contracts, courts sometimes find that certain promises or policies within them can create contractual obligations. It’s important to read these documents carefully.

Covenants Not to Compete

These are a bit different. A covenant not to compete, often called a non-compete agreement, is a clause in an employment contract that restricts an employee from working for a competitor or starting a competing business for a certain period after leaving the company. These agreements are often controversial and their enforceability varies greatly by state. They typically need to be reasonable in scope, duration, and geographic area to be upheld by a court. If you’re asked to sign one, it’s a good idea to understand exactly what you’re agreeing to and how it might affect your future career options.

Navigating the Legal Process

Facing a wrongful termination can feel overwhelming, but understanding the steps involved in pursuing a claim can make the process more manageable. It’s not just about knowing you were wronged; it’s about knowing how to formally address it within the legal system. This involves several key stages, from initial reporting to gathering the necessary proof.

Filing a Charge with an Agency

Before you can even think about going to court, you’ll likely need to file a formal charge with a government agency. For employment discrimination claims, this is often the Equal Employment Opportunity Commission (EEOC) at the federal level, or a similar state agency. This step is critical because it officially notifies the relevant authorities and the employer of your complaint. Think of it as the official starting gun for your case. The agency will then typically investigate the claim, which might involve requesting information from your employer and potentially attempting to mediate a resolution.

Statute of Limitations for Claims

One of the most important, and often unforgiving, aspects of any legal process is the statute of limitations. This is a deadline by which you must file your claim. If you miss this deadline, you generally lose your right to sue, no matter how strong your case might be. These time limits vary significantly depending on the type of claim and the jurisdiction. For instance, filing a charge with the EEOC usually has a strict time limit, often 180 or 300 days from the date of the discriminatory act. Missing this window means you might be barred from pursuing your claim further, so it’s vital to act promptly. You can find more information on filing deadlines on the EEOC website.

Gathering Evidence for Your Case

Evidence is the backbone of any legal claim. Without solid proof, even the most legitimate complaint can fall apart. This means collecting anything that supports your assertion that the termination was wrongful. This can include:

Documents: This could be your employment contract, employee handbooks, performance reviews, termination letters, emails, or any written communication related to your job or the termination.
Witness Testimony: Statements from colleagues, supervisors, or anyone else who observed the events leading up to your termination or who can speak to your performance or the employer’s conduct.
Your Own Records: Detailed notes about conversations, meetings, incidents, and your work performance. A timeline of events can be particularly helpful.

The process of building a case requires meticulous attention to detail. Every piece of information, no matter how small it may seem, could play a role in demonstrating the circumstances surrounding your termination. It’s about constructing a clear narrative supported by facts.

Successfully navigating these stages requires careful attention and often, professional guidance. Understanding these procedural hurdles is the first step toward seeking justice.

Damages and Remedies in Wrongful Termination

When an employee is wrongfully terminated, the law provides ways to make them whole again. It’s not just about getting your old job back, though that can be an option. The goal is to compensate for the harm done and, in some cases, to discourage employers from repeating the same mistakes. Think of it as trying to put the employee back in the financial position they would have been in if the termination hadn’t happened.

Compensatory Damages for Lost Wages

This is often the most straightforward type of compensation. It covers the money you lost because you were fired unfairly. This includes your salary, but also other benefits you would have received. It’s about covering the economic losses directly tied to the termination.

Lost Wages: The income you would have earned from the date of termination until the date of a judgment or settlement.
Lost Benefits: This can include health insurance, retirement contributions, bonuses, and paid time off.
Lost Earning Capacity: If the wrongful termination makes it harder for you to find a comparable job in the future, this can also be factored in.

Reinstatement as a Remedy

Sometimes, the best remedy isn’t money at all. In certain situations, a court might order the employer to rehire the employee. This is called reinstatement. It’s usually considered when the employee’s relationship with the employer hasn’t been completely destroyed and the job is still available. It’s not always practical, especially if a lot of time has passed or the workplace environment has become too hostile. It’s a way to restore the employment relationship itself, not just the financial aspect. Reinstatement is a powerful tool when it works.

Emotional Distress and Punitive Damages

Beyond just lost pay, wrongful termination can take a huge emotional toll. You might experience stress, anxiety, or depression. In cases where the employer’s conduct was particularly bad – think malicious or reckless – courts might award damages for this emotional suffering. These are often called non-economic damages. Then there are punitive damages. These aren’t meant to compensate the employee for their losses but to punish the employer for really awful behavior and to deter others from doing the same. They are awarded less often and usually require a higher level of proof, showing the employer acted with malice or a conscious disregard for the employee’s rights. It’s a way to address the wrongful aspect of the termination, not just the financial fallout. Tort law often deals with these kinds of damages.

The aim of damages in wrongful termination cases is to make the wronged party whole. This involves compensating for direct financial losses, like lost wages and benefits, and sometimes for the emotional toll the termination took. In egregious cases, punitive damages may be awarded to punish the employer and deter future misconduct.

Employer Defenses in Wrongful Termination Cases

When an employee claims they were wrongfully terminated, employers have several ways they might defend themselves. It’s not always a straightforward case of the employee being right and the employer being wrong. The law provides employers with certain arguments they can use to show that the termination was justified or legally permissible. Understanding these defenses is key for both sides.

Legitimate, Non-Discriminatory Reasons

One of the most common defenses an employer can raise is that the termination was based on a legitimate, non-discriminatory reason. This means the decision to fire the employee wasn’t because of their race, gender, age, religion, disability, or any other protected characteristic, nor was it in retaliation for something they did. Instead, the termination was due to factors like poor job performance, violation of company policy, attendance issues, or restructuring of the company. To make this defense stick, the employer usually needs to show:

Documentation: Evidence of the employee’s performance issues or policy violations, such as written warnings, performance reviews, or incident reports.
Consistency: Proof that the employer has applied similar standards and consequences to other employees in similar situations.
Timing: The reasons for termination were documented and acted upon before any protected activity occurred or before the employee could claim discrimination.

Essentially, the employer argues that the employee would have been terminated regardless of any protected status or activity.

Failure to Mitigate Damages

Another significant defense, particularly when an employee is seeking lost wages as compensation, is the concept of failure to mitigate damages. In civil law, if someone suffers a loss, they have a legal duty to take reasonable steps to minimize that loss. For a terminated employee, this means they can’t just sit back and expect the former employer to pay for all the wages they would have earned indefinitely. They are generally expected to actively look for comparable employment. If an employer can demonstrate that the former employee made little or no effort to find a new job after being fired, a court might reduce or even eliminate the amount of back pay awarded. This defense highlights the employee’s responsibility to be proactive in their job search.

At-Will Employment Doctrine

The doctrine of at-will employment is a cornerstone defense for many employers in the United States. In most states, employment is presumed to be

The Importance of Legal Counsel

Dealing with a wrongful termination situation can feel like trying to navigate a maze blindfolded. It’s easy to get lost, make a wrong turn, and end up in a worse spot than you started. That’s where having a lawyer in your corner makes a huge difference.

Seeking Expert Advice on Wrongful Termination Law

When you suspect you’ve been fired unfairly, the first step should really be talking to someone who knows the ins and outs of employment law. These aren’t simple matters; they involve specific laws, deadlines, and procedures that can be really confusing if you’re not familiar with them. A lawyer specializing in this area can look at your specific situation and tell you if you actually have a case. They understand the nuances of what constitutes wrongful termination versus a standard layoff under the at-will employment doctrine, which is a common point of confusion.

Benefits of Attorney Representation

An attorney does more than just offer advice. They can represent you in dealings with your former employer, which can be incredibly stressful to do on your own. Think about it: you’re trying to negotiate or fight for your rights while also dealing with the emotional fallout of losing your job. A lawyer acts as a buffer and a strong advocate. They know how to gather the right evidence, file the necessary paperwork correctly, and present your case in the best possible light. This professional backing can significantly increase your chances of a favorable outcome.

Understanding Your Rights and Options

One of the biggest benefits of hiring legal counsel is gaining clarity. You might be unsure about what compensation you could be entitled to, what the timeline for a claim looks like, or what your employer’s potential defenses might be. A lawyer can break all of this down for you. They’ll explain the different types of damages you might pursue, like lost wages or compensation for emotional distress, and discuss whether pursuing a settlement or going to trial is the better path for your specific circumstances. They can also help you understand any confidentiality agreements or other documents you might be asked to sign.

Here’s a quick look at what a lawyer can help you with:

Assessing your claim’s validity: Determining if your termination violates specific laws.
Gathering and presenting evidence: Collecting documents, witness statements, and other proof.
Communicating with your employer: Handling all negotiations and correspondence.
Explaining legal processes: Clarifying steps like filing a charge or going to court.
Negotiating settlements: Working towards a fair resolution outside of a trial.
Representing you in court: Advocating for your rights if a settlement isn’t reached.

Trying to handle a wrongful termination claim without legal guidance is like trying to build a house without a blueprint. You might have the materials, but without a plan and the right tools, the structure is likely to be unstable and may not stand up to scrutiny. Legal professionals provide that essential structure and expertise.

Proving Causation in Termination Disputes

When an employee believes they’ve been wrongfully terminated, one of the trickiest parts of building a case is showing that the employer’s action was directly linked to an illegal reason. It’s not enough to just feel like you were fired unfairly; you have to prove that a specific protected activity or characteristic was the reason for the termination. This connection, known as causation, is often where cases get complicated.

Establishing the Link Between Protected Activity and Termination

To show causation, you need to demonstrate that your protected activity (like reporting harassment, taking legally protected leave, or whistleblowing) was a substantial or motivating factor in the employer’s decision to fire you. This isn’t always straightforward, especially if the employer offers a different reason for the termination. Think about the timing: did the termination happen shortly after you engaged in the protected activity? While timing alone isn’t proof, it’s a strong indicator. You also need to look at how the employer treated others who didn’t engage in similar activities. Were you singled out?

Demonstrating Employer’s Intent

Proving an employer’s intent can feel like reading minds, but it’s done through evidence. This could involve looking at company policies, past practices, and statements made by supervisors or HR personnel. Did your manager make comments that suggest a discriminatory or retaliatory motive? Were there any deviations from standard disciplinary procedures when you were fired? Sometimes, the employer’s own actions or words can reveal their underlying intent, even if they try to mask it with a seemingly legitimate reason. It’s about piecing together the narrative from what was said and done.

The Role of Circumstantial Evidence

Direct evidence of an employer’s illegal motive is rare. Most cases rely heavily on circumstantial evidence. This is evidence that, while not directly proving the illegal motive, strongly suggests it. Examples include:

Timing: As mentioned, the proximity of the protected activity to the termination is key.
Shifting Explanations: If the employer gives different reasons for the termination at different times, it can suggest they are fabricating a reason.
Inconsistent Application of Policies: If company rules were applied strictly to you but loosely to others who didn’t engage in protected activity, it points to disparate treatment.
Comments or Remarks: Any statements made by decision-makers that indicate bias or retaliation.
Performance Reviews: A sudden downturn in performance reviews coinciding with protected activity, especially if prior reviews were positive.

Proving causation often involves showing that the employer’s stated reason for termination is a pretext – a cover-up for the real, illegal reason. This requires careful investigation and presentation of all available facts to build a compelling argument that the protected activity was the true cause of the firing. You’re essentially showing that "but for" your protected action, you wouldn’t have been terminated.

Gathering and presenting this type of evidence is a core part of building a strong wrongful termination claim. It’s about connecting the dots in a way that clearly shows the employer’s illegal motive. Understanding the elements of a claim, like causation linking the breach to the harm, is vital for anyone facing this situation.

Settlement and Litigation Strategies

When you’re facing a wrongful termination situation, the path forward often involves two main avenues: settlement or litigation. Each has its own set of considerations, and understanding them is key to making informed decisions about your case. It’s not always about going to court; sometimes, a fair agreement outside of it can be the best outcome.

Negotiating a Fair Settlement

Settlement talks can begin at almost any point in a legal dispute. The goal is to reach an agreement that both you and the employer find acceptable, avoiding the time, expense, and uncertainty of a trial. This often involves a back-and-forth process where each side presents its position and potential compromises.

Key aspects of settlement negotiations include:

Evaluating the Case: A realistic assessment of the strength of your claim, potential damages, and the employer’s defenses is the first step.
Communication: Clear and direct communication, often through legal representatives, is vital. This involves presenting your demands and listening to the employer’s offers.
Compromise: Both parties usually need to be willing to give a little to get a little. This might mean accepting less than the maximum possible award in exchange for a guaranteed outcome.
Confidentiality: Settlement agreements often include confidentiality clauses, meaning you agree not to discuss the terms or the case publicly.

The most successful settlements are those where both parties feel they have achieved a reasonable resolution.

Preparing for Trial

If settlement talks break down, preparing for trial becomes the focus. This is a complex and lengthy process that requires meticulous attention to detail. It involves gathering all relevant information, organizing evidence, and developing a clear strategy to present your case to a judge or jury.

This preparation typically includes:

Discovery: This is where both sides exchange information. It can involve written questions (interrogatories), requests for documents, and sworn testimony (depositions).
Evidence Gathering: Collecting all documents, emails, witness statements, and any other proof that supports your claim. This might include performance reviews, company policies, and communications with supervisors.
Witness Preparation: Identifying and preparing witnesses who can testify on your behalf. This includes ensuring they understand the questions they might be asked and how to answer truthfully and effectively.
Legal Briefs: Filing documents with the court that outline your arguments and legal theories.

The discovery phase is often the most time-consuming part of preparing for trial. It’s where the facts of the case are truly laid bare, and it can significantly influence the direction of the litigation, sometimes leading to renewed settlement discussions.

Alternative Dispute Resolution Options

Beyond direct negotiation and trial, there are other methods to resolve disputes. These are often grouped under the umbrella of Alternative Dispute Resolution (ADR).

Common ADR methods include:

Mediation: A neutral third party, the mediator, helps facilitate discussions between you and the employer to reach a mutually agreeable solution. The mediator doesn’t make decisions but guides the conversation.
Arbitration: A more formal process where a neutral arbitrator (or a panel) hears evidence from both sides and makes a binding decision. This is often faster than a court trial but has fewer procedural rules.

Choosing the right strategy depends heavily on the specifics of your situation, including the strength of your evidence and your desired outcome. Consulting with an attorney is highly recommended to understand which path best suits your needs and to help you pursue fair monetary damages if applicable.

Wrapping Up

So, wrongful termination is a pretty complex area, and honestly, it’s easy to get lost in all the details. We’ve talked about how laws are there to protect workers from unfair dismissals, but proving it can be a whole other ballgame. It really comes down to the specifics of each situation – what the contract said, what company policies were, and what actually happened. If you think you’ve been wronged, it’s probably a good idea to look into it further, maybe chat with someone who knows the ins and outs of employment law. It’s not always straightforward, but knowing your rights is the first step.

Frequently Asked Questions

What exactly is wrongful termination?

Wrongful termination happens when an employer fires someone for an illegal reason. It’s not just about being unhappy with an employee’s work. It means the firing goes against the law, like if it’s based on discrimination or because the employee did something legally protected.

Can I be fired for any reason?

In most places, employment is ‘at-will.’ This means either you or your employer can end the job at any time, for almost any reason, or no reason at all. However, this ‘at-will’ rule has exceptions. Your employer can’t fire you for illegal reasons.

What are some common illegal reasons for firing someone?

Firing someone because of their race, religion, gender, age, or if they have a disability is illegal. Also, if you report illegal activity by your employer (whistleblowing) or take legally allowed leave, like for medical reasons, you can’t be fired for it.

What if I have a contract with my employer?

If you have a written contract that says you can only be fired for specific reasons, your employer must follow those terms. Firing you without a valid reason listed in the contract could be a breach of contract, which is a type of wrongful termination.

How do I prove my termination was wrongful?

Proving wrongful termination can be tricky. You need to show that the reason for your firing was illegal. This often involves gathering evidence like emails, witness statements, or company policies that support your claim. Showing a clear link between your protected activity and the firing is key.

What can I get if I win a wrongful termination case?

If you win, you might get money to cover lost wages and benefits. In some cases, a court could order your employer to give you your job back. You might also get compensation for emotional suffering caused by the wrongful firing.

How long do I have to file a wrongful termination claim?

There are deadlines, called statutes of limitations, for filing claims. These vary depending on the type of claim and where you live. It’s important to act quickly because if you miss the deadline, you might lose your right to sue.

Should I get a lawyer for a wrongful termination issue?

Yes, it’s highly recommended. Employment law is complex. A lawyer can help you understand your rights, figure out if you have a strong case, gather evidence, and navigate the legal process. They can also negotiate with your employer or represent you in court.