What Constitutes Wrongful Termination? Evaluating the Relevant Legal Basics

While analyzing any wrongful termination claim, a lawyer considers an array of elements. As such, your wrongful termination lawyer will try to obtain facts to prove that your firing was not lawful, even if you got fired for a cause or no cause. If you’re afraid your ex-boss fired you in violation of the law, any trustworthy Los Angeles employment law firm will for sure walk you through a viable remedial process, but it’s also vital that you understand the legal essentials determining if your claims meet the required thresholds for validity.

Here are some common legal considerations relevant to a wrongful termination case:

Your Employment Contract
5 Uses For Attorneys

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. However, any terminal is unlawful if it’s done outside the terms of your contract, in case your service is protected by a contract. In addition, when your contract explicitly stipulates cause for potential termination, any firing is illegal if it does not adhere to the stipulations.
Getting To The Point – Laws

Employer’s Official Termination Policy

There might be particular policies stipulating discipline procedures from employer to employer. You may need a lawyer to investigate and see if your employer enacted any discipline policy, which they circumvented when firing you. In the event an employer breaches their own standard discipline policy when firing an employee, they may as well be breaching an implied contract.

Differential Treatment

If you were fired because of any specified reasons, like job performance issues, your attorney will want to know if other fellow employees with the same issues had their employment terminated. 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.”

Fight-Back

If you suffered employment termination for whistle-blowing on your employer’s illegal operations, you may have a strong retaliation case. 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 attorney can probe your situation to extract evidence and get your boss to make up for their unlawful actions against you.