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. 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.
Let’s explain a few legal elements pertinent to wrongful termination evaluation:
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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. 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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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 any context where a company circumvented their own discipline policy in dismissing a worker, there’s a chance they contravened 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. Typically, a false reason for termination is known as a “pretext” if the employer utilizes it as a cover for the actual, unlawful cause.
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 attorney can probe your situation to extract evidence and get your boss to make up for their unlawful actions against you.