A wrongful termination lawyer explains the term 'wrongful termination ' can be misconstrued as meaning an illegal dismissal. If the truth be told, simply because a worker feels that they've been wrongfully ended; it doesn't actually mean that an employer has violated any work laws. Laws on employment issues are complicated to say the least and are issued at local, state and Fed. levels and in numerous cases these laws may even seem to be contradictory in nature. That is the reason why when you feel that you've been wrongfully dismissed, you need to chat to an attorney who is well versed in employment law.
California, an 'at will ' state
A good quantity of people may be stunned to know that when it comes to employment in the state of California an employer can fire an employee for any basis or indeed for no reason in any way. This is sometimes called an 'at will ' act. Though this will seem a liberal act, and indeed is, it gives bosses the opportunity to shed workers who are now not performing, or it could be that due to business slowdown, companies need to make job cuts. Understandably this sounds oppressive for the employee on the sharp end, but if you put this into proportion, then as consumers we have got the unconditional right to choose the products that we buy and if necessary, return. This is the same for bosses under the 'at will law'. It makes sure that company employs employees who perform well for the company. However there are always exceptions to the rule of 'at will ' as an LA employment lawyer explains.
Discrimination
Although employers have the right to fire folks for no reason, they are not allowed to breach employment laws and if a worker feels that they've been discriminated against either on the proposition of race, age, gender, sexual preference or origin, then they could well have a reason to sue. Also an employer cannot fire a person just because they have whistle blown, but they can fire a whistle blower who is not performing within the obligations of their job. Eventually an employer can't fire any employee who is doing any other protected activities such as filing for workers compensation.
Contracts
An employer cannot usually fire an employee who is under a contract with that company, unless of course they have a defensible reason to do so. Contracts can either be written or classed as implied and one of the simplest techniques for an employee to receive a contract is to be in a union.
Other than these few exceptions, companies can fire workers for any basis, even if they simply don't like the person.
Wrongful termination
Regularly a professional team of LA work lawyers will get asked to represent an individual who is believed to be subjected to wrongful termination. Any employer who fires a worker due to discriminatory reasons as listed above can be sued in a court of law. If they are fired when being under a contract, then this is not classed as wrongful termination, but instead it is sometimes known as 'breach of contract'. Before anybody gets fired there is usually a set procedure that has to take place. If these steps haven't been followed then again the employer can be sued for wrongful termination. Also retaliation by an employer is good grounds for a wrongful dismissal lawsuit.
If you're unsure whether you've been a victim of wrongful termination then a professional LA employment attorney will be offering a free no need consultation and from this they can tell you your rights. You may also use this time to get any questions or worries that you will have about the issue answered. If it is assumed that you do have a case to answer, then your attorney will counsel you that you shouldn't contact your employer in any fashion and all correspondence should go between the representing attorney and the accused. The saving grace is that as a client, you will feel safe in the knowledge that your attorney is working diligently to make ready a watertight case in order that they can deliver you the full and fair compensation that you deserve, leaving you to get your life back on track.
California, an 'at will ' state
A good quantity of people may be stunned to know that when it comes to employment in the state of California an employer can fire an employee for any basis or indeed for no reason in any way. This is sometimes called an 'at will ' act. Though this will seem a liberal act, and indeed is, it gives bosses the opportunity to shed workers who are now not performing, or it could be that due to business slowdown, companies need to make job cuts. Understandably this sounds oppressive for the employee on the sharp end, but if you put this into proportion, then as consumers we have got the unconditional right to choose the products that we buy and if necessary, return. This is the same for bosses under the 'at will law'. It makes sure that company employs employees who perform well for the company. However there are always exceptions to the rule of 'at will ' as an LA employment lawyer explains.
Discrimination
Although employers have the right to fire folks for no reason, they are not allowed to breach employment laws and if a worker feels that they've been discriminated against either on the proposition of race, age, gender, sexual preference or origin, then they could well have a reason to sue. Also an employer cannot fire a person just because they have whistle blown, but they can fire a whistle blower who is not performing within the obligations of their job. Eventually an employer can't fire any employee who is doing any other protected activities such as filing for workers compensation.
Contracts
An employer cannot usually fire an employee who is under a contract with that company, unless of course they have a defensible reason to do so. Contracts can either be written or classed as implied and one of the simplest techniques for an employee to receive a contract is to be in a union.
Other than these few exceptions, companies can fire workers for any basis, even if they simply don't like the person.
Wrongful termination
Regularly a professional team of LA work lawyers will get asked to represent an individual who is believed to be subjected to wrongful termination. Any employer who fires a worker due to discriminatory reasons as listed above can be sued in a court of law. If they are fired when being under a contract, then this is not classed as wrongful termination, but instead it is sometimes known as 'breach of contract'. Before anybody gets fired there is usually a set procedure that has to take place. If these steps haven't been followed then again the employer can be sued for wrongful termination. Also retaliation by an employer is good grounds for a wrongful dismissal lawsuit.
If you're unsure whether you've been a victim of wrongful termination then a professional LA employment attorney will be offering a free no need consultation and from this they can tell you your rights. You may also use this time to get any questions or worries that you will have about the issue answered. If it is assumed that you do have a case to answer, then your attorney will counsel you that you shouldn't contact your employer in any fashion and all correspondence should go between the representing attorney and the accused. The saving grace is that as a client, you will feel safe in the knowledge that your attorney is working diligently to make ready a watertight case in order that they can deliver you the full and fair compensation that you deserve, leaving you to get your life back on track.
About the Author:
Danita Penington searched for employment lawyers Los Angeles, CA after she was fired for her ethnicity. She knew it wasn't right and so the right labor attorney could help her out.
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