Wrongful Termination
If you suspect you were fired for an illegal reason, you may have a wrongful termination claim against your former employer, even if you were fired “with cause.” Because pursuing a wrongful termination claim may be difficult and entail intricate legal processes, consulting with an attorney may be in your best interests.
Contact Oz & Oz Workers Compensation Attorneys For Wrongful Termination
Although employers are not required to provide a reason for terminating an at-will employee, they frequently do so. In such a circumstance, the termination is a “for cause” termination. An employer cannot lawfully terminate someone for violating an employment contract or the law. Firing in violation of anti-discrimination law, firing as a form of sexual harassment, firing in violation of labour regulations, and firing in retaliation for an employee’s complaint against the employer are all illegal grounds for termination. When assessing a wrongful termination case, an attorney evaluates a variety of issues and seeks material to establish that, whether the employee was dismissed for cause or for no reason, the termination was unlawful.
The Following Are Some Common Considerations:
Employment Agreement – If you were hired under an employment contract, your employer was required to follow the terms of the contract. If your contract expressly states that you may be fired for any reason, your employer cannot terminate you for a cause not included in the contract. The majority of employees do not have signed employment contracts. However, if your contract restricts the reasons for termination, any additional cause for termination is a breach of the employment contract. An attorney can help with you to evaluate your contract and establish if the contract provides for a stated grounds for termination.
Employer Regulations – Discipline processes may be provided by an employer’s policy in some instances. An attorney can assist you in determining if your company violated a disciplinary policy. In this case, your employer may have violated an implicit contract.
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Deferential treatment – If you were terminated due to alleged performance difficulties, your attorney will want to know if other employees were terminated for the same reasons. If not, your attorney will look for proof that your employer discriminated against you because of a legally protected status, such as your gender, colour, handicap, ethnicity, age, or sexual orientation. Your lawyer will look for evidence to show that the claimed cause for termination is fraudulent. When an employer employs a bogus reason for termination as a cover for the genuine, illegal cause, it is referred to as a “pretext.”
Retaliation – If you filed a workplace complaint or “blew the whistle” on unlawful activities at work while employed, your attorney will advise you on the viability of a retaliation claim. If the reported action is found to be lawful, the reporting employee is still protected as long as the report was made in good faith.
Evidence – Your attorney will want to analyse any employer paperwork that is available when reviewing your case. This usually contains your personnel file as well as any paperwork pertaining to the grounds for your termination. If you were fired for poor performance, your attorney will want to go through any papers pertaining to your performance during your job and up to your termination. Performance appraisals and employment assessments are crucial in establishing if you were treated differently than other workers.
If you were frequently rated favourably at work but were dismissed for poor performance, your employer may have been covering for an illegal basis for termination. Your attorney will almost certainly ask you whether there are any witnesses who can provide information about your performance and firing. You and your attorney will also go through any pertinent papers, employer rules, and employee handbooks.
Contact Oz & Oz Workers Compensation Attorneys!
Address
555 Broadway #41, Chula Vista,
CA 91910, United States
Phone
(619) 505-3317
info@workerscomplawyerchulavista.com
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