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:
Your Employment Contract
Finding Similarities Between Laws and Life
Most employed persons in North America are hired on the at-will principle, in which case, they’re in no contractual relationship with their employer, and they can be sacked for a legal cause or no cause. Yet, when your job is secured by a legal contract, any firing violates the law if it also violates the contract’s terms. In addition, when your contract explicitly stipulates cause for potential termination, any firing is illegal if it does not adhere to the stipulations.
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Employer’s Official Termination Policy
There are cases in which an employer has specific policies providing for 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 any context where a company circumvented their own discipline policy in dismissing a worker, there’s a chance they contravened 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 that case, your attorney will be trying to show that the reason your employer provided for your dismissal 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 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.
Your wrongful termination attorney can probe your situation to extract evidence and get your boss to make up for their unlawful actions against you.