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Is Your Wrongful Termination Case Valid? Examining the Legal Fundamentals

While analyzing any wrongful termination claim, a lawyer considers an array of elements. 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. 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:

Your Employment Contract
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Most employed persons in North America are hired on the at-will principle, in which case, they’re in no contractual relationship with their employer, and they can be sacked for a legal cause or no cause. Yet, when your job is secured by a legal contract, any firing violates the law if it also violates the contract’s terms. And if your contract explicitly stipulates circumstances under which you may be fired, any termination not based on any of the circumstances is unlawful.
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Your Employer’s Formal Termination Criteria

There might be particular policies stipulating discipline procedures from employer to employer. You could ask your lawyer to deyermine if your employer violated any discipline policy that may have existed when they sacked you. In any context where a company circumvented their own discipline policy in dismissing a worker, there’s a chance they contravened an implied contract.

Discriminatory Treatment

If you were fired because of any specified reasons, like job performance issues, your attorney will want to know if other fellow employees with the same issues had their employment terminated. 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. If that’s the situation, your lawyer will work to prove that the reasons your employer gave for your sacking are false. Usually, a false reason for dismissal is called a “pretext” when an employer states it to hide their true, unlawful motivation.

Revenge

If you suffered employment termination for whistle-blowing on your employer’s illegal operations, you may have a strong retaliation case. 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 lawyer can study your claim and find evidence to compel your employer to compensated for their unfair treatment to you.

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