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How to Make the Case for Wrongful Termination Claims 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. Here are some common legal considerations relevant to a wrongful termination case: 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. However, any terminal is unlawful if it’s done outside the terms of your contract, in case your service is protected by a 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 could ask your lawyer to deyermine if your employer violated any discipline policy that may have existed when they sacked you. In case an employer violates their own official discipline policy in any termination of employment, they may be in violation of 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. If your attorney cannot find any of your workmates that was fired for the same reasons as yours, they’ll look for evidence showing that, in firing you, your employer treated you unfairly on the basis of a legally-protected status, for example your ethnicity, gender, age, race, or sexual inclination. In that case, your attorney will be trying to show that the reason your employer provided for your dismissal is false. Usually, a false reason for dismissal is called a “pretext” when an employer states it to hide their true, unlawful motivation. Retaliation Your retaliation lawsuit may make sense if you got dismissed for telling on your employer for an illegality they were undertaking. Regardless of any possible determination that the reported issues was not illegal, a whistleblower that acted in good faith is strongly backed by employment laws. Let your wrongful termination lawyer examine your case and obtain evidence to make your employer pay for their act of injustice against you.