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How to Make the Case for Wrongful Termination Claims A range of factors fall into play when an attorney attempts to analyze a wrongful termination issue. 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: 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. But if your employment is government by a valid contract, any dismissal is unlawful if it falls outside the provisions of the contract. In addition, when your contract explicitly stipulates cause for potential termination, any firing is illegal if it does not adhere to the stipulations.
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Official Dismisal Policy of Your Employer There are cases in which an employer has specific policies providing for 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 case an employer violates their own official discipline policy in any termination of employment, they may be in violation of an implied contract. Differential 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 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 lawyer can study your claim and find evidence to compel your employer to compensated for their unfair treatment to you.