In the case of wrongful termination, you may be able to assess your case if you have just lost your job and believe that the decision was unfair. You can learn more about at-will employment and how it applies to most positions from your labor law expert. If the termination is not made for an unlawful reason, an employer can terminate an employee without giving a valid or even no reason. In cases where this rule is broken, your employment attorney can point out the exceptions and, if necessary, file a formal complaint on your behalf. Dominguezfirm helps you to prohibited from terminating an employee in retaliation for a work comp claim.
- The contract
An at-will employee is one who does not have a written contract when they start their job. Your wrongful termination attorney can examine your contract to see whether there is a provision that outlines justifications for the dismissal. Even if there is no written contract, an implied contract may still establish wrongful termination. Employers give the impression that they will keep you on for a set period of time through words or actions.
- A good faith effort
If your employment attorney believes that your employer may have violated the obligation of good faith and fair dealing, you may have grounds for a wrongful termination claim. If your employer let you go so you would not receive sales commissions, for example. In order to collect benefits, you may have been repeatedly transferred to dangerous or undesirable assignments.
- Public Policy
State-to-state variations in public policy violations are possible. It is possible that you won’t be disciplined if you volunteer as a firefighter. If you report a whistleblower, abstain from voting or serving on a jury, or join the military or National Guard, you will not be fired.
A lawyer can also assist with wrongful terminations due to discrimination.The lawyer will be able to file a complaint with the appropriate agency and help you file a lawsuit against the employer if you believe you were fired because of gender, religion, age, disability, race, color, national origin, or pregnancy status.
- Wrongful Termination: Protecting Yourself
A person’s employment may be considered “at will” in many parts of the country. This means that the employer may terminate the employee’s employment at any time, without giving a reason for the termination.
In any case, there must not be any discrimination against anyone on the basis of race, gender, or national origin. It is unlawful and wrongful to terminate an employee’s employment if they have been discriminated against.
The term “wrongful termination” refers to the termination of an individual’s employment for any reason, including discrimination, retaliation, and breach of contract.
Employees who report workplace violations to their employer cannot be terminated for those violations. This is considered retaliation and is wrongful if one is terminated for this reason. Employees who were terminated due to a violation of their employment contract have been wrongfully terminated.