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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. As such, your wrongful termination lawyer will try to obtain facts to prove that your firing was not lawful, even if you got fired for a cause or no cause. 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. Here are some common legal considerations relevant to a wrongful termination case: Employment Contract
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In the U.S., most workers are employed on an at-will basis, meaning that there’s no contract between them and their employer, and such, they may be fired for any legal reason or no reason. 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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Official Dismisal Policy of Your Employer 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. Differential 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 such a case, your lawyer will attempt to demonstrate that the reason your boss state for your termination is 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. 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.