Wrongful Termination Laws in California |
If you have been fired or have been laid off
along with your other co-workers, you might be thinking if you are entitled to
file any legal claims against the employer or company that employed you. For
the most part, unfortunately, a terminated employee does not have any course of
legal action against his or her employer, especially when taking into account
the fact that most employees are considered “at will.” This means that they can
be fired at any time and for any reason, so long as the basis for doing so is
not illegal.
But then, “at will” employees still are
entitled to their own rights. To begin with, the “at will” approach in
employment has its exceptions. One typical exception to the rule is that an “at
will” employee cannot be terminated based solely on his or her protected
characteristic as defined by the prevailing anti-discrimination laws. If,
however, the employer does so, then the employee is said to be wrongfully
terminated. If you believe this happened to you, then you must exercise your
rights as an employee. You need to establish a wrongful termination lawsuit
against your employer, but before you could do so, you must first speak with an
attorney who specializes in employer-employee disputes.
Meanwhile, it is worth noting and discussing
what wrongful termination is. Basically, it comes in a lot of forms, and most
of the time, they are carried out on the basis of one’s race, sex, age,
disability, or any other protected characteristic as defined by the federal and
state laws. It is also carried out in retaliation to the employee’s complaint
of an employer or co-worker’s illegal conduct, such as harassment, workplace
safety, labor law violations, and discrimination, among other things.
Also, unlawful discharge is illegal if the
reason for carrying the decision out is based on what society thinks as morally
wrong. This is also known as termination in violation of public policy. For
instance, you are wrongfully fired in violation of public policy if it was
based on you exercising a legal right such as serving jury duty or voting,
reporting your employer’s illegal conduct to a government agency, or refusing
to follow your employer’s orders to commit an illegal act.
As what has been already mentioned above, it
is important that you hire an attorney who knows everything about wrongful termination law. Basically, your attorney will evaluate the facts of your case,
and determine if you truly are entitled to file claims against your employer. Also,
your lawyer will also determine the best course of legal action to take with
regards your case.
A typical course of action is to have your
case settled via an out-of-court settlement, wherein your employer will
compensate you for the losses you incurred as a result of the ordeal you went
through. Another course of action is by filing a lawsuit with the state or
federal court, especially if the circumstances which led to your wrongful
discharge are too grave and an out-of-court settlement is not enough. A court
proceeding may also occur if the employer and your attorney wasn't able to come
up with a settlement, and instead the former opted to have the case settled in court. Another scenario is that instead of filing a case, you are offered a
severance package, which, if signed, waives your right to sue or file claims
against your employer.
In any of these possibilities, you need to
make sure if you truly have a strong claim against your employer. Hiring a wrongful termination lawyer in Los Angeles should be your top priority in situations
like this.
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