Employment is a critical component of an individual’s livelihood. When your position within a company is threatened through no fault of your own, it’s vital to recognize the rights you’re entitled to as an employee under the law in California.
That can mean obtaining the services of a Los Angeles wrongful termination attorney, specializing in the laws, and being able to explain these rights. These lawyers work to determine an employer’s accountability and will then claim damages on your behalf that can include income loss and emotional distress from being wrongfully let go.
The professional will walk you through the legalities of recovering your wages and other compensation in what can appear to be an uphill battle against a corporation with a team vigilant in fighting these sorts of claims despite the merit.
With the best, most credentialed, and most experienced attorney by your side, you can feel confident in your position and the potential for a positive resolution. Click for a list of employment laws, then examine wrongful termination more closely.
What Are The Grounds For A Wrongful Termination Claim
Employers must violate federal or state law for an employee to file a wrongful termination claim. California is considered an “at-will” state, meaning employers can terminate employees at any time without a specific reason.
However, there are restrictions to the law regarding when staff can lose their positions. The following applies:
● When specific contract guidelines disallow termination
Some employers draft contracts that provide staff with an employment guarantee for a specified period of time. These sometimes offer statements indicating the business leader can only terminate employment under certain conditions.
When the contract terms are breached, resulting in your termination by the employer, you will probably have a case of wrongful termination. Contracts are not always written; they can also be oral. These can be designated agreements between you and the employer or the company’s employee handbook.
● Job decisions cannot be discriminatory
Aside from federal laws that protect an individual’s characteristics, California also specifically outlines characteristics that business leaders cannot incorporate into their decision-making processes.
These include (quote)
“race, color, national origin, religion, sex, pregnancy, age, disability, genetic information, sexual orientation, gender identity, citizenship status, marital status, AIDS/HIV status, medical condition, political beliefs, political activities or affiliation, military/veteran status, for being a victim of stalking, assault or domestic violence.” (end quote)
Go to https://spokesbuzz.org/top-6-reasons-employees-hire-an-employment-lawyer/# for guidance on some reasons to hire an employment law attorney.
● The employer cannot retaliate by firing you
If you exercise your employment rights, the business leader is legally prohibited from retaliating by terminating your employment. Situations can include
“the need to serve on a jury and miss time from work, issuing a complaint with management regarding harassment or discrimination, having an accident or getting injured and filing a workers’ comp claim, asking for medical or family leave of absence, or issuing a complaint on the hour/wage illegal practices.”
Retaliation by an employer is a violation of your rights, and being terminated is something you can fight with a wrongful termination attorney for compensation of lost wages and possibly other benefits.
How Can You Prepare To File A Wrongful Termination Claim
A wrongful termination attorney must determine employer accountability when pursuing a claim on your behalf. That means the evidence needs to be solid and adequate to prove to the court the illegal circumstances surrounding their termination.
The case can’t be hindered by minimal documentation and hearsay. This is a reason to be adequately prepared before taking the step to approach an employment law professional. Once you schedule the initial consultation, you must bring a portfolio of documentation about your case for the lawyer to assess.
The attorney will determine what part of the file is relevant and which paperwork is unnecessary. The priority is that each piece reflects what led to the termination. This will not only be a requirement for a lawsuit but when filing an EEOC complaint and is vital in California as an at-will state.
When attempting to prove wrongful termination has occurred, documents that evidence this include:
- Communication, whether chats, voicemails, texts, emails, or any documentation exchanged between you and the business leader relevant to your employment
- The contract outlining the stipulations of your employment
- A witness to exchanges between you and the business leader regarding employment
- Pay stubs
- Documentation on hiring and termination
The attorney will expect the facts to be disclosed during the consultation pertaining to the claim. It’s critical to divulge every detail concisely and honestly. Any misinformation or blatant falsehoods will result in criminal sanctions and the possibility of other civil penalties.
The information you discuss with the attorney is privileged. The lawyer cannot share what you disclose with anyone else; it’s entirely confidential, with no possibility of having it used against you despite using that particular attorney or not.
With valid information, the professional can assess the case adequately and advise an appropriate course of action.
When experiencing illegal actions from an employer that ultimately result in wrongful termination, you need to reach out to a trusted, well-qualified, and local employment law attorney. The lawyer must understand the laws in California, an at-will state, and how this can impact your case.
Go here for guidance on when you should speak with an employment law attorney.
Navigating wrongful termination can be intimidating. You will feel like it’s an uphill battle with you against a team of corporate attorneys fighting vigilantly to win the case regardless of the merit of your claim. Fortunately, you don’t have to do battle on your own.
While wrongful termination is tricky, employment law attorneys specialize in these cases. The priority is that you provide substantial evidence for the professional to evaluate to determine an appropriate course of action and disclose sufficient facts that support your claim.
Armed with the details, the legal expert can represent your claim plus assist you in filing civil papers if you choose to take that step.