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Is Your Wrongful Termination Case Valid? Examining the Legal Fundamentals A range of factors fall into play when an attorney attempts to analyze a wrongful termination issue. So, your wrongful termination lawyer will strive to find reasons tending to demonstrate that the termination was unlawful despite it being for a cause or no cause at all. Of course, it’s the job of a credible Los Angeles employment law firm to provide legal guidance throughout the case, but it’s important that you’re aware of the legal principles that dictate the legal strength of your claims if you’re confident your former boss fired you in an illegal manner. Below are typical legal fundamentals influential in wrong termination cases: 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. Yet, when your job is secured by a legal contract, any firing violates the law if it also violates the contract’s terms. Still, if there are explicit reasons for possible termination listed in your contract, any dismissal for reasons outside of such provisions 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 can have an attorney look into whether your boss had a discipline policy that they violated in your termination case. In case an employer violates their own official discipline policy in any termination of employment, they may be in violation of an implied contract. Unfair 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. In case your lawyer can’t pinpoint any of your fellow employees that got dismissed for considerations similar to yours, they’ll strive to obtain evidence to the effect that discriminatory treatment was the basis of the termination if you belong to a legally-protected racial, ethnic, age, or sexual orientation group. 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. Retaliation If you got fired for reporting an illegality your employer was committing, there’s a chance you have a valid relation claim. 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 attorney can probe your situation to extract evidence and get your boss to make up for their unlawful actions against you.