What You Should Know About Getting Wrongfully Terminated?

wrongful termination

Termination of one’s employment, although it is relatively inevitable, could be devastating to any employee. The decision to fire someone in the workplace is often based on a lot of factors, from poor work performance to frequent absences or tardiness or any other employee action that is in violation of one of the provisions within the employee handbook. However, the aspect of termination in employment can be tricky, especially when taking into account the “at will” approach in employment. Here, although an “at will” employee may be fired any time with or without any reason, the decision to do so must be legal.

As it is, a lot of wrongful termination cases emerge every now and then in many workplaces within the nation. For the most part, these are due to the fact that the “at will” rule in employment in almost all states have certain exemptions, which fired workers can use as basis for filing cases against their erring employers. If you are an employee and you have been terminated but not quite sure the decision made by your employer is within the parameters of the law and the “at will” approach then it is imperative that you determine if you are a victim of wrongful termination. Below is a list of some of the factors you need to consider:

  • Check if you have a written contract with your employer. If one of its provisions guarantees you with job security or, for example, the employment contract states that you can only be terminated with good cause, then you are not considered an “at will” employee. Implied contracts, or those that are made orally by employers towards employees, are also considered exemptions to the at-will rule.
  • If you have been fired because you revealed to a government agency your employer’s illegal conduct such as denying workers their pay and compensation, or because you went absent for a day to vote or serve on a jury, or you “blew the whistle” after finding out your employer is potentially harming the public’s interests, then your employer violated public policy. You can’t be fired for reasons which the general populace regards as illegal grounds for termination.
  • If you have been fired in retaliation for doing a protected activity, then you are illegal terminated. For instance, if you filed a claim with the appropriate employment agency alleging discrimination or harassment against your employer, you can’t be subjected to adverse employment actions, including termination or demotion.

Indeed, wrongful termination is even more devastating than just a normal termination that is within the realm of the established laws. According to a wrongful termination attorney, it is always unfair for the victim of such an adverse action to be removed from employment based on decisions that are illegal. Add in the fact that continuous discrimination and harassment is often done to force the individual to voluntarily quit his or her job.

Again, if you think your termination is not within what is prescribed by the laws, then you need to assert your rights against your erring employer. Hiring a wrongful termination attorney in Los Angeles would be your best course of action in order to establish a case against your employer.

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