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What Constitutes Wrongful Termination? Evaluating the Relevant Legal Basics While analyzing any wrongful termination claim, a lawyer considers an array of elements. 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. Let’s explain a few legal elements pertinent to wrongful termination evaluation: Your Employment Contract
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In the U.S., most workers are employed on an at-will basis, meaning that there’s no contract between them and their employer, and such, they may be fired for any legal reason or no reason. Yet, when your job is secured by a legal contract, any firing violates the law if it also violates the contract’s terms. 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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Employer’s Official Termination Policy There are cases in which an employer has specific policies providing for discipline procedures. You can have an attorney look into whether your boss had a discipline policy that they violated in your termination case. 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 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. 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. Normally, any false reason an employer gives to conceal their real, illegal reason for sacking an employee is defined as a “pretext.” Revenge 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 lawyer can study your claim and find evidence to compel your employer to compensated for their unfair treatment to you.