Have you been recently fired from your job? Do you think that your firing was not ethical or legal? Well, in that case, your termination can be categorized as wrongful termination. As you already know most of the employees’ work ‘at-will’, according to which the employer or the employee has the right to resign or terminate under any situation. But that does not mean that your employer should fire you illegally. If you think that you have been a victim of wrongful termination, then seek the help of the best wrongful termination lawyers Los Angeles and get to know about your situation legally.
For instance, if your employer fires you for reasons like poor performance or attendance issues or not fit for the position then it will not have any repercussions on the employer as these can be considered as valid reasons to let go of the employee. But this does not mean that every firing is legal because since you are an at-will employee, your employer has no right to fire you on the reasons of discrimination or retaliation or for exercising your legal rights as an employee. If that happens, talk to the wrongful termination lawyer right away.
Thus, to make the concept of wrongful termination clear, here are three important things that you must know about wrongful termination.
#1 What is the meaning of wrongful termination?
When you are claiming your termination as wrongful, it is believed that your employer has violated the contract or company policy that you signed when you joined the company. If you were terminated without any reason which was not mentioned in your employment contract, you can sue the employer for arbitrary discharge. Also, terminating the employee based on his or her sex, religion, age or nationality falls under wrongful termination. Also, your employer has no right to terminate you if you have filed discrimination claims or also called as retaliation. Another example can be if you have refused to participate in any kind of illegal activity at the workplace and your employer fires you because you refused it, then you can file for a wrongful termination claim.
#2 Breach of contract
This is one of the most important things that you must know about wrongful termination is the breach of contract. If your employer breaches the employment contract or agreement, it falls under wrongful termination. However, many have a written contract and some also have an implied contract that is formed through the employer’s actions or with the help of an employee handbook. If you think that your employer has breached the contract then you can go ahead and file a claim for wrongful termination. But before that, your answer should be a ‘yes’ to all the questions stated below:
• Did you have a documented employment contract? If yes, then did the contract had acceptable reasons for the termination?
• Did your employer ever make any verbal statements like this is your permanent job or ensuring a job guarantee?
• Did you ever get a detailed employee handbook from your employer? If yes, what all was mentioned in it regarding termination?
• Did your employer ever say anything about the reasons you could get fired for?
#3 Right time to get a wrongful termination lawyer
Since you have been fired from your job, you are under a lot of stress, and in that situation, it is important that you think rationally. And that why consulting a wrongful termination lawyer would be the right thing to follow. A lawyer can review and analyze all the facts and decide whether you can get a claim for your firing or not. A lawyer can tell you what you need to do, what are your rights as an employee, and how to protect them. For instance, if you are looking to negotiate a settlement or severance package or filing a lawsuit against the employer, only a lawyer can help you through the whole process. But the only thing to be sure about what you are thinking and how strong are your claims for the wrongful termination, only a lawyer can tell.
Therefore, in any case, if your firing has been illegal or not, a lawyer can help you determine the right path.