A range of factors fall into play when an attorney attempts to analyze a wrongful termination issue. 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. Certainly, any competent Los Angeles employment law firm should guide you through the entire legal process, but it helps for you to be familiar with the facts that come into play in determining the legal validity of your claims if you think your former employer violated the law when they fired you.
Below are typical legal fundamentals influential in wrong termination cases:
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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.
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Official Dismisal Policy of Your Employer
There might be particular policies stipulating discipline procedures from employer to employer. 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.
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. In case your lawyer can’t pinpoint any of your fellow employees that got dismissed for considerations similar to yours, they’ll strive to obtain evidence to the effect that discriminatory treatment was the basis of the termination if you belong to a legally-protected racial, ethnic, age, or sexual orientation group. 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 suffered employment termination for whistle-blowing on your employer’s illegal operations, you may have a strong retaliation case. 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.