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How to Make the Case for Wrongful Termination Claims 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. Certainly, any competent Los Angeles employment law firm should guide you through the entire legal process, but it helps for you to be familiar with the facts that come into play in determining the legal validity of your claims if you think your former employer violated the law when they fired you. 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. Yet, when your job is secured by a legal contract, any firing violates the law if it also violates the contract’s terms. 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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Employer’s Official Termination Policy In certain scenarios, an employer may have certain policies dictating any discipline procedures. You can have an attorney look into whether your boss had a discipline policy that they violated in your termination case. In case an employer violates their own official discipline policy in any termination of employment, they may be in violation of an implied contract. Discriminatory 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. 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. 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 Your retaliation lawsuit may make sense if you got dismissed for telling on your employer for an illegality they were undertaking. Even when it’s shown that the reported activity was not illegal, any employee that acted in good faith in pointing it out is protected under 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.