A range of factors fall into play when an attorney attempts to analyze a wrongful termination issue. As such, your wrongful termination lawyer will try to obtain facts to prove that your firing was not lawful, even if you got fired for a cause or no cause. 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.
Here are some common legal considerations relevant to a wrongful termination case:
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. But if your employment is government by a valid contract, any dismissal is unlawful if it falls outside the provisions of the contract. Still, if there are explicit reasons for possible termination listed in your contract, any dismissal for reasons outside of such provisions is unlawful.
Your Employer’s Formal Termination Criteria
There might be particular policies stipulating discipline procedures from employer to employer. You may need los angeles sexual harassment 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.
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. 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. In such a case, your lawyer will attempt to demonstrate that the reason your boss state for your termination is 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. 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 glendale wrongful termination lawyer can study your claim and find evidence to compel your employer to compensated for their unfair treatment to you.