Welcome to HR Mirror

How to Deal with Wrongful Termination

January 20th, 2021 Samuel

Getting wrongfully terminated or fired from the job is extremely depressing and takes a toll on the financial system that you have been following for a long time. And in this situation, you often lose the ability to think in the right direction. But if you think that the reason for your firing was unlawful, then you have a good chance of getting compensation for it but you need to first consult one of the best Los Angeles wrongful termination lawyers.Getting wrongfully terminated or fired from the job is extremely depressing and takes a toll on the financial system that you have been following for a long time. And in this situation, you often lose the ability to think in the right direction. But if you think that the reason for your firing was unlawful, then you have a good chance of getting compensation for it but you need to first consult one of the best Los Angeles wrongful termination lawyers.

Under California law, the employees or workers who are fired for unlawful or illegal reasons have all the right to file a complaint against their employer regarding the wrongful termination. When you win the wrongful termination lawsuit, you are entitled to get compensation for what you have suffered throughout and the stress of losing your job. In many cases, the court orders the reinstatement of the plaintiff in the previous job from which he or she was fired.

Therefore, if you have been wrongfully terminated recently, and do not know how to go about it, then here are a few steps that you need to take to deal with the wrongful termination.

Know what wrongful termination is

In simple words, ‘wrongful termination’ is when the employer fires the employee for an unlawful or illegal reason. Some reasons include:

•  Termination for a discriminatory reason

•  Terminating because you reported a few safety concerns at the workplace

•  Terminating for complaining about the violation of employee rights

If your termination includes any of the above reasons, then you can go ahead and file a case of wrongful termination right away.

Stay calm and breathe

When you hear the news of your termination, instead of getting hyper, nervous, or anxious, you must know how to remain calm. Understandably, you have lost your job, but to make sure that your career is secured, you should remain calm and think rationally about your options.

Start documenting, collect evidence

Since you already have an idea that your termination is wrongful, you must start collecting everything related to your firing. Right from emails, text messages, voicemails, employee contract, company handbook, messages, who said what on which date, make sure that you are collecting and documenting all these details. If you think that you can also gather some eye-witness to any incident that you think might be the reason for your termination, then immediately contact those people as having eyewitnesses to your case can create a sense of authenticity in what you are trying to prove.

Once you have the evidence, starting jotting down the points and incidents that you think might have led to your termination. Include, the dates, name of the people, and every little detail that you remember. Make sure that you are doing it as soon as you are fired otherwise you will not be able to remember the details of those incidents.

Demand an explanation from the company

You must demand an explanation from your employer regarding your sudden termination. And if you come to know that you were fired on the grounds of discrimination or retaliation or harassment, then you are entitled to sue the employer for wrongful termination, to find out the reason, you can just get in touch with the person who was responsible in signing your termination letter and also ask if you can get access to the personnel file.

Consult with one of the best Los Angeles Wrongful Termination Lawyers

Once you are done with all the necessary groundwork then consult with a wrongful termination lawyer. Take everything that you have to the lawyer and explain an exact timeline of the events to him or her. Your lawyer must know what exactly happened and what you have experienced while you were serving at your job. All the evidence that you have collected is going to be valuable when the lawyer files a wrongful termination lawsuit.

A wrongful termination lawyer will be able to analyze your case and can tell you whether your case is solid or not. And based on that he will give you advice on whether it is wise to have a word regarding settlement rather than filing the lawsuit against the employer.

Remember that you have rights and that an experienced wrongful termination lawyer can protect them from all circumstances. Just be aware of what you are doing.

The Do’s and Don’ts of Wrongful Termination

January 5th, 2021 Samuel

Getting fired from the job can be devastating and frustrating as you suddenly see a black hole for your future. But even in these situations, you must remember to think rationally and take the necessary steps to secure your career and the future of your family. Termination can not only cause you to stress, anxiety, depression but it can lead to a severe financial crisis which can be bad for you.Getting fired from the job can be devastating and frustrating as you suddenly see a black hole for your future. But even in these situations, you must remember to think rationally and take the necessary steps to secure your career and the future of your family. Termination can not only cause you to stress, anxiety, depression but it can lead to a severe financial crisis which can be bad for you.

From a legal perspective, wrongful termination is a situation where the employer breaches a specific law or terms of the employment agreement or contract or any public policy by firing the employee.

Therefore, before it is too late, if you think that your termination was wrongful, then without any hesitation you should consider talking to an attorney for wrongful termination. Having known your options and knowing that your termination was wrongful can save your career and your future. And in this case, with the help of the attorney, you can file for a legal claim against your employer because according to you he or she has violated your rights as an employee. But also you need to keep in mind that when you are informed about your termination, and if it is wrongful then what you do after that and what you don’t would depend a lot if you decide to file a claim against the employer.Therefore, here is a list of some do’s and don’ts that you need to keep in mind if you are planning to file a legal claim for wrongful termination.

Do’s of wrongful termination

•  Do make sure that you have the records of all the verbal and written messages or emails from the employer having any mention of the termination.

•  Do confirm that you have obtained the employee agreement copy as it would be of big help for your attorney.

•  Do make sure that you are reviewing the circumstances of your termination with the employer.

•  Do take a look and time for the options and offers given by your employer regarding your termination, for instance, severance package or references to name a few.

•  Do agree and cooperate with all the termination policies that are there at your workplace to negate the legal complications in the future.

•  Do make sure that you can find about the person who decided to terminate you from your job.

•  Do make sure that your co-workers see you in good books and sincere for the work you have done in your job.

Don’ts of wrongful termination

•  Don’t even think of thrashing your employer in person or any social media platforms as it could create serious problems while you claim legally.

•  Don’t get bullied by your employer as it can lead to misguide and mislead all your legal options.

•  Don’t consider quitting, thinking of it as a better option than getting terminated.

•  Don’t say or make any threatening statements or actions to your employer as that can pull down all your legal claims.

•  Don’t sign any paper or legal document put forth by your employer. Always consult your attorney before signing anything when it is related to your termination.

You must follow all these do’s and don’ts if you are determined to file a legal claim against your employer for wrongful termination. If you make any wrong move, then the employer can use that particular thing in the court of law against you, and the whole case will come down to zero, and you do not want that to happen.

The best way to know the right and wrong about your termination is to consult an attorney for wrongful termination. Only an attorney can tell you your options and what you need to do to get things done in your favor. Make sure that you are being transparent with your attorney and explaining to him or her every micro detail related to your job, employer, and termination. This way, your chances of making even the slightest of mistakes are negated and the attorney can help you with the claim and the damages that this termination has caused you.

Best Wrongful Termination Lawyers Los Angeles

December 11th, 2020 Samuel

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.

How Do I Hire Someone Remotely?

November 23rd, 2020 Samuel
hiring remotely

A good team culture always starts and ends with the people. That is why a manager must recruit people who have the right qualities for the roles the organization has to fill. You are always on the lookout for candidates who are empathetic, responsible, a good communicator, and ambitious. However, will you seek out the above-mentioned qualities, when you are hiring remotely? How can you find these remote-friendly people?

These questions have become the highest priority in these pandemic times. Now, remote work is becoming the new norm and will be more competitive than ever. But there is also a huge pool of remote workers to recruit from than ever before. That is the reason a team of experts has curated this guide to make you understand every step of the remote hiring procedure.

Steps to hire a Remote Employee

It does not need a complete mindset shift to hire remote employees, but require some upfront work to ensure you are setting recruits up for success. Laying this foundation will aid in avoiding pitfalls in the employment journey.

Deciding the type of remote situation you want to hire

The first step is to decide whether your team will be working as a full-time or a part-time remote worker, working from several offices, or having a work-from-home, flexible schedule. If there are no policies in place already, you need to start thinking immediately. After you make the decision, think whether prior experience as a remote worker is essential or not. For instance, if part-time remote work is more of a perk, then you do not require someone who has years of experience working in a remote location. However, if you want to build a team from scratch, hiring candidates with remote experience can be a good idea.

Which Time Zones to Hire

When it is about collaboration, considering differences in time zone becomes important. If you are clustering employees in a particular time zone, it is easy to give a live presentation or real-time feedback on a project. However, you can also set up the procedures and use tools that help in facilitating asynchronous collaboration to ease out the difficulties of working cross-functionality from various parts of the world. It is crucial to weigh the pros and cons of every approach that can help you in narrowing down the locations where you are looking for potential hires.

Choosing tech stack for efficient productivity and learning various communication styles

To ensure your team remains productive irrespective of the location they are working from, you must choose applications that can make their jobs convenient. This means you need to consider a range of tools such as project management, video conferencing, chat, file management, online whiteboard, and much more.

Time zones are not the only obstruction to effective communication. If you are hiring remotely from different backgrounds and countries, you have to invest additional time and resources to understand where they are coming from, their communication style, and their approach to collaboration and work. It is ideal to hire people with diverse skillsets, as diverse teams always bring more innovative solutions than a team having a particular skill set.

Creating a budget for get-togethers

Some of the fully remote organizations understand that face-time is still crucial for teams to collaborate, bond, and understand each other. That is the reason the companies will take all the employees to a specific location for a team offsite, annual planning meeting, or others. Meeting all the employees physically helps in building empathy, deepening connections as well as developing a collective understanding of the organization’s goal and vision.

Study shows that not having enough experience when working remotely is not a big deal when you are hiring the right candidate. It is more of a bonus than the requirement. Additionally, if you only want remote workers, you are reducing the pool of candidates (in general, it cancels out one important benefit of looking for remote applicants – tapping into a larger pool of talent). While interviewing, you need to think about the competencies that can lead to success and try to assess how a candidate can perform in a real scenario.

Wrongful Termination Basics: What You Should Know

November 16th, 2020 Samuel

If you are among one who is fired, dismissed, or forced to quit in violation of any law or public policy, then wrongful termination lawyers, Loss Angeles, can help you. The attorney in Los Angeles allows employees to recover past and future lost wages, benefits, emotional distress damages, and potentially other types of injuries. The best wrongful termination lawyers Los Angeles, are dedicated to representing employees who have lost their jobs due to unlawful employment practices and have a successful track record of helping victims of wrongful discharges or forced resignation.

What is Wrongful termination?

It is better to ask yourself whether or not you have been mistreated in your company or you are fired based on gender, identity, religious affiliation, disability, race, caste, or creed. The law also protects whistleblowers. You may also report unlawful acts and believe that you have experienced workplace retaliation. You may have a wrongful termination, then a wrongful termination lawyer or attorney is the best to help you. The lawyer in Los Angeles will also investigate your contract’s particulars with the company and other documents needed to prove your case’s specific circumstances.

Were you wrongfully terminated from your job?

Before considering whether you are terminated from your job unjustly, it isn’t easy to feel that the deck has been stacked against you. Many companies hide behind at-will employment contracts and loopholes then a wrongful termination attorney by your side will evaluate your case to determine whether you may have a claim.

The attorney in Los Angeles will look at several factors when you call for a consultation. Hostile work environments are more prevalent than many employees realize as they can bring unjust dismissals from jobs. A case may also sometimes be more complicated at first glance; that is why it is essential to consult a wrongful termination attorney who understands your situation in these workplaces.

The wrongful termination lawyer will also investigate whether you are fired due to age discrimination, disability, or unwillingness, maternity rights, and pregnancy. Companies cannot again fire you if your sexual orientation doesn’t please your boss. The right lawyer will carefully examine all the details and bring light to any circumstances that may lead to wrongful termination. They will also analyze the employment contract to see if the employer was breached when they fired you. As an employee, you have the right to report an issue without fear that you will lose your job.

What should I do if I am a victim of wrongful termination?

If you believe that your job may be on the chopping block in the next few days or you’ve already had your walking papers, it is essential to remain calm and collect as much documentation as possible. Lossing your job or threatening with losing your position in the company is one of the greatest fear modern people can face. Recognize your emotions, and calmly begin to build your case. In case of any retribution you dole out will likely cast a gloomy shadow on your case. Instead of lashing out at people, pour all your energy, build your case to make it more robust, writing down the dates and times of incidents.

Also, search for a few emails or texts that may bring certain circumstances to light, preserve them as it is always better to collect more information than less. This information will help your attorney review it and making it a unique one.

Should I hire a wrongful termination lawyer?

In case of any wrongful termination issue, you must connect with the best possible legal representation. Since one false step can hinder your case, you must work with a lawyer who possesses experience and education in this arena. Before making any wrong decision, reach out to the best wrongful termination lawyer in your area and tell them about your case. With employment law changing frequently, it is better to hire a lawyer who works with these types of cases.

« Older Entries
Newer Entries »