How an Attorney Can Assess a Wrongful Termination Case
It is not unlawful for employers to fire employees, even when their reasoning seems unjustified and unfair. After all, employers could lie or mislead, regarding the reason behind the employee termination. Employers in California cannot fire a person for any reason that violates the law or otherwise breaches a valid contract with the employee. If the true reason behind the termination is retaliation, discrimination, the employee engaging in whistle blowing, or another protected endeavor, the termination can be wrongful.
If you have reason to believe that you were unlawfully terminated, consulting a qualified attorney can help you in determining if you have a valid claim. Experienced wrongful termination attorneys will explore the following to help you determine if you have a valid case.
Contracts – Employees that have an employment contract will usually limit an employer’s ability to terminate the employee. In order to lawfully terminate the employee, the employer will need to abide by the contract’s requirements. In the event that a contract states that the employee can only be fired for financial malfeasance or gross misconduct, an employer will not be able to terminate a person on grounds of poor performance.
Workplace Policies – Oftentimes, an employer’s policies or employee handbook will establish a contract between the employee and employer. For instance, if the employer produced a discipline policy that it followed with other employees but did not follow with the terminated employee, this could be grounds for a breach of contract.
Treatment of Other Employees – Reviewing the treatment of other employees who have engaged in similar behaviors the terminated employee was let go for can provide support for a wrongful termination claim. An employer who treats an employee different that how other employees are treated could be because of discrimination. In the State of California, it is unlawful to act against an employee because of his or her sexual orientation, ethnicity, race, disability, gender, etc.
Retaliation – An employee who has recently filed a complaint or uncovered an unlawful activity at work may have grounds for a retaliation claim. Employees who blow the whistle on unlawful employment practices are protected against retaliation. Examples of blowing the whistle could include making a complaint against the employer for sexual harassment or perceived unsafe work conditions.
Seek the Legal Support of a Qualified Employment Law Attorney
If you have reason to believe that you were wrongfully terminated, consider speaking to a qualified and experienced attorney who can help you. Filing a claim for wrongful termination could help you obtain the restitution you deserve for any financial losses you may have endured following the termination. In a wrongful termination case, you could be able to recover your loss of pay, any loss of benefits (such as health benefits), and emotional damages. In certain cases, wrongfully terminated employees could be awarded punitive damages.
The attorneys at SANFORD A. KASSEL, A Professional Law Corporation have extensive experience in handling wrongful termination claims in California. The firm is dedicated to upholding the rights of employees who have suffered a loss because of an unlawful termination.
