Termination of employment happens because of various reasons. For instance, a company may decide to end its working relationship with an employee who has performed poorly in his or her job or has committed a workplace policy that is grave enough to warrant the termination. It could also mean terminating a group of employees due to financial constraints and other economic reasons, also known as a layoff. Indeed, getting fired is an inevitable part of employment. However, it is often a source of problems, especially for both the employer and the employee.
Basically, carrying out the decision to terminate an employee should be justifiable; that is, the reason should be legal and doesn’t violate any existing company policies or federal and state laws. But then, there are instances wherein an employee is dismissed from his or her work for reasons that are deemed illegal, or if a prevailing company policy is violated upon carrying out the decision. This is called wrongful termination, and for someone who is wrongfully terminated in the workplace, legal action can be pursued.
Wrongful termination is not uncommon in a lot of workplaces in California. They come in a lot of forms: illegal firing after filing a complaint of sexual harassment, illegal firing after revealing an employer’s engagement in an illegal activity, illegal firing after refusing to engage in an illegal activity in the workplace, illegal firing because of taking a leave of absence due to pregnancy or a medical condition, and illegal termination after filing claims of wages with the employment agency.
But to begin with, there are two common forms of illegal discharge: (1) wrongful termination for reasons that violate public policy and (2) wrongful discharge on the form of constructive discharge.
Wrongful termination of employment is often due to the fact that some employers fail to realize that there are exceptions to the so-called “at will” employment doctrine. In almost all states in the U.S., the working relationship between employers and employees are considered employment at will, which means that the latter can be fired at any time and with or without any reason. That is unless there are existing contracts or bargaining agreements binding the two parties, wherein certain terms and conditions do not necessarily reflect the at will employment doctrine.
Indeed, workers, even if they are considered “at will” employees, they are still protected under the prevailing laws. Aside from the exception of existing contracts and collective bargaining agreements, employers can’t just fire employees for reasons that violate public policy, such as filing for workers’ compensation or wage claims, reporting their employers’ illegal activities, or for their refusal to violate company policies or federal and state laws. Another is upheld within statutes on the federal and state level, wherein employers can’t just terminate employees just because of their characteristics, like race or disability.
If you are an employee and you have been subjected to this kind of adverse employment action by your employer, you must be able to exercise your rights immediately. Obviously, you need to seek justice for the ordeal you’ve went through during your former employment, which is why it is imperative that you seek legal action by establishing a wrongful termination claim. While your claim may result in you obtaining the best settlement possible, the burden of proof falls on you. As it is, your claim should prove that you were wrongfully terminated; but then, given that you might be working at an “at will” state, it might be difficult for you to prove such. This is where the expertise of an employment attorney is very important.
Increasing your chances of winning your claim and being compensated for your lost wages and benefits, back pay, and compensation for your emotional distress is just one of the many reasons why it is important for you to hire an attorney who has already handled employment claims. As it is, you must hire one that has experience and has the aggressiveness to put your interest first, using resources that will greatly benefit you as you go along with your claim. Your lawyer will also help you gather important pieces of evidence such as documentations and other related paperwork in order to prove that you were truly wrongfully discharge from your employment.
Expect that Top Employment Attorneys can do so much more in your wrongful termination case when you decide to hire our legal services. Our group of expert employment attorneys have decades of experience in championing the cause of illegally terminated clients-employees, whether they were constructively discharged or illegally fired for reasons that violate public policy or statutes. Here in California, which is known as an “at will” state, we make sure that employers who commit such violations to the prevailing employment and labor laws won’t escape liability towards their wrongful actions towards employees. We ensure that we deter your employer from doing the same or similar illegal employment actions in the future, while obtaining on your behalf a favorable settlement you deserve.
Be aware that our free legal advice in California accepts cases on a contingency basis. Our “No Win, No Fee” guarantee will ensure you that your interests are at the forefront of everything. Aside from dealing with your case as professional as possible, we also take pride in showing our genuine care, and you can expect that we do the same to you.
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