A range of factors fall into play when an attorney attempts to analyze a wrongful termination issue. 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.
Below are typical legal fundamentals influential in wrong termination cases:
Your Employment Contract
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The majority of workers in the US work on an at-will basis, implying that no contract exists between them and their employer, and ultimately, their employment may be terminated for any legal reason or none. However, any terminal is unlawful if it’s done outside the terms of your contract, in case your service is protected by a contract. Still, if there are explicit reasons for possible termination listed in your contract, any dismissal for reasons outside of such provisions is unlawful.
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Your Employer’s Formal Termination Criteria
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 the event an employer breaches their own standard discipline policy when firing an employee, they may as well be breaching 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. 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. Usually, a false reason for dismissal is called a “pretext” when an employer states it to hide their true, unlawful motivation.
Your retaliation lawsuit may make sense if you got dismissed for telling on your employer for an illegality they were undertaking. 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.