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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. Thus, your wrongful termination attorney will look for information seemingly showing that, despite you being dismissed for a reason or no reason, the dismissal violated the law. 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: Your Employment Contract
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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 In certain scenarios, an employer may have certain policies dictating any discipline procedures. You could ask your lawyer to deyermine if your employer violated any discipline policy that may have existed when they sacked 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. Unfair Treatment In case you were sacked following any given issues, for example work performance concerns, your lawyer will seek to establish if other workmates with the same problems really lost their jobs. 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. If that’s the situation, your lawyer will work to prove that the reasons your employer gave for your sacking are 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. Retaliation If you got fired for reporting an illegality your employer was committing, there’s a chance you have a valid relation claim. No matter if the highlighted operation is determined to be lawful, any worker that reported it in good faith enjoys the protection of labor 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.