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How to Make the Case for Wrongful Termination Claims 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. 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. Let’s explain a few legal elements pertinent to wrongful termination evaluation: Contractual Relationship
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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. But if your employment is government by a valid contract, any dismissal is unlawful if it falls outside the provisions of the contract. 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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Your Employer’s Formal Termination Criteria There are cases in which an employer has specific policies providing for discipline procedures. You can have an attorney look into whether your boss had a discipline policy that they violated in your termination case. In the event an employer breaches their own standard discipline policy when firing an employee, they may as well be breaching an implied contract. Discriminatory Treatment If there are specific factors behind your dismissal, for instance productivity-related shortcomings, your lawyer will try to determine if any of your colleagues with the same shortcomings got fired. 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. Typically, a false reason for termination is known as a “pretext” if the employer utilizes it as a cover for the actual, unlawful cause. Retaliation Your retaliation lawsuit may make sense if you got dismissed for telling on your employer for an illegality they were undertaking. No matter if the highlighted operation is determined to be lawful, any worker that reported it in good faith enjoys the protection of labor laws. Your wrongful termination lawyer can study your claim and find evidence to compel your employer to compensated for their unfair treatment to you.