While analyzing any wrongful termination claim, a lawyer considers an array of elements. 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. Of course, it’s the job of a credible Los Angeles employment law firm to provide legal guidance throughout the case, but it’s important that you’re aware of the legal principles that dictate the legal strength of your claims if you’re confident your former boss fired you in an illegal manner.
Let’s explain a few legal elements pertinent to wrongful termination evaluation:
Your Employment Contract
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In the U.S., most workers are employed on an at-will basis, meaning that there’s no contract between them and their employer, and such, they may be fired for any legal reason or no reason. However, any terminal is unlawful if it’s done outside the terms of your contract, in case your service is protected by a 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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Employer’s Official Termination Policy
In certain scenarios, an employer may have certain policies dictating any discipline procedures. You could ask your lawyer to deyermine if your employer violated any discipline policy that may have existed when they sacked you. In case an employer violates their own official discipline policy in any termination of employment, they may be in violation of an implied contract.
In case you were sacked following any given issues, for example work performance concerns, your lawyer will seek to establish if other workmates with the same problems really lost their jobs. If your attorney cannot find any of your workmates that was fired for the same reasons as yours, they’ll look for evidence showing that, in firing you, your employer treated you unfairly on the basis of a legally-protected status, for example your ethnicity, gender, age, race, or sexual inclination. In such a case, your lawyer will attempt to demonstrate that the reason your boss state for your termination is false. Normally, any false reason an employer gives to conceal their real, illegal reason for sacking an employee is defined as a “pretext.”
If you suffered employment termination for whistle-blowing on your employer’s illegal operations, you may have a strong retaliation case. Even when it’s shown that the reported activity was not illegal, any employee that acted in good faith in pointing it out is protected under employment laws.
Your wrongful termination lawyer can study your claim and find evidence to compel your employer to compensated for their unfair treatment to you.