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.
Below are typical legal fundamentals influential in wrong termination cases:
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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. 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 may need a 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.
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. 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. Normally, any false reason an employer gives to conceal their real, illegal reason for sacking an employee is defined as a “pretext.”
Your retaliation lawsuit may make sense if you got dismissed for telling on your employer for an illegality they were undertaking. 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 lawyer can study your claim and find evidence to compel your employer to compensated for their unfair treatment to you.