Is Your Wrongful Termination Case Valid? Examining the Legal Fundamentals An attorney looks at numerous factors when assessing any wrongful termination case. 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. 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
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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. However, any terminal is unlawful if it’s done outside the terms of your contract, in case your service is protected by a contract. 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 might be particular policies stipulating discipline procedures from employer to employer. You can have an attorney look into whether your boss had a discipline policy that they violated in your termination case. In any context where a company circumvented their own discipline policy in dismissing a worker, there’s a chance they contravened an implied contract. Differential Treatment 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. Typically, a false reason for termination is known as a “pretext” if the employer utilizes it as a cover for the actual, unlawful cause. Revenge If you got fired for reporting an illegality your employer was committing, there’s a chance you have a valid relation claim. Regardless of any possible determination that the reported issues was not illegal, a whistleblower that acted in good faith is strongly backed by employment 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.