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What Constitutes Wrongful Termination? Evaluating the Relevant Legal Basics An attorney looks at numerous factors when assessing any wrongful termination case. So, your wrongful termination lawyer will strive to find reasons tending to demonstrate that the termination was unlawful despite it being for a cause or no cause at all. 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: Contractual Relationship
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The majority of workers in the US work on an at-will basis, implying that no contract exists between them and their employer, and ultimately, their employment may be terminated for any legal reason or none. 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 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 the event an employer breaches their own standard discipline policy when firing an employee, they may as well be breaching an implied contract. Discriminatory Treatment If there are specific factors behind your dismissal, for instance productivity-related shortcomings, your lawyer will try to determine if any of your colleagues with the same shortcomings got fired. 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. If that’s the situation, your lawyer will work to prove that the reasons your employer gave for your sacking are false. Usually, a false reason for dismissal is called a “pretext” when an employer states it to hide their true, unlawful motivation. Fight-Back 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. Let your wrongful termination lawyer examine your case and obtain evidence to make your employer pay for their act of injustice against you.