An attorney looks at numerous factors when assessing any wrongful termination case. Thus, your wrongful termination attorney will look for information seemingly showing that, despite you being dismissed for a reason or no reason, the dismissal violated the law. If you’re afraid your ex-boss fired you in violation of the law, any trustworthy Los Angeles employment law firm will for sure walk you through a viable remedial process, but it’s also vital that you understand the legal essentials determining if your claims meet the required thresholds for validity.
Let’s explain a few legal elements pertinent to wrongful termination evaluation:
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The majority of workers in the US work on an at-will basis, implying that no contract exists between them and their employer, and ultimately, their employment may be terminated for any legal reason or none. But if your employment is government by a valid contract, any dismissal is unlawful if it falls outside the provisions of the contract. And if your contract explicitly stipulates circumstances under which you may be fired, any termination not based on any of the circumstances is unlawful.
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Your Employer’s Formal Termination Criteria
In certain scenarios, an employer may have certain policies dictating any discipline procedures. You may need a lawyer to investigate and see if your employer enacted any discipline policy, which they circumvented when firing you. In the event an employer breaches their own standard discipline policy when firing an employee, they may as well be breaching an implied contract.
If you were fired because of any specified reasons, like job performance issues, your attorney will want to know if other fellow employees with the same issues had their employment terminated. When your attorney is unable to spot any of your colleagues that got dismissed for the same shortcomings as yours, they’ll research evidence demonstrating that, in terminating you, your boss treated you differently possibly because of a legally-protected status, for instance your age, sex, ethnicity, race, or sexual orientation. If that’s the situation, your lawyer will work to prove that the reasons your employer gave for your sacking are false. Usually, a false reason for dismissal is called a “pretext” when an employer states it to hide their true, unlawful motivation.
If you got fired for reporting an illegality your employer was committing, there’s a chance you have a valid relation claim. No matter if the highlighted operation is determined to be lawful, any worker that reported it in good faith enjoys the protection of labor laws.
Let your wrongful termination lawyer examine your case and obtain evidence to make your employer pay for their act of injustice against you.