Is Your Wrongful Termination Case Valid? Examining the Legal Fundamentals
An attorney looks at numerous factors when assessing any wrongful termination case. So, your wrongful termination lawyer will strive to find reasons tending to demonstrate that the termination was unlawful despite it being for a cause or no cause at all. 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.
Below are typical legal fundamentals influential in wrong termination cases:
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. 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.
Employer’s Official Termination Policy
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 case an employer violates their own official discipline policy in any termination of employment, they may be in violation of an implied contract.
If there are specific factors behind your dismissal, for instance productivity-related shortcomings, your lawyer will try to determine if any of your colleagues with the same shortcomings got fired. 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. Typically, a false reason for termination is known as a “pretext” if the employer utilizes it as a cover for the actual, unlawful cause.
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.
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