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Is Your Wrongful Termination Case Valid? Examining the Legal Fundamentals An attorney looks at numerous factors when assessing any wrongful termination case. Thus, your wrongful termination attorney will look for information seemingly showing that, despite you being dismissed for a reason or no reason, the dismissal violated the law. Of course, it’s the job of a credible Los Angeles employment law firm to provide legal guidance throughout the case, but it’s important that you’re aware of the legal principles that dictate the legal strength of your claims if you’re confident your former boss fired you in an illegal manner. Here are some common legal considerations relevant to a wrongful termination case: Your Employment Contract
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Most employed persons in North America are hired on the at-will principle, in which case, they’re in no contractual relationship with their employer, and they can be sacked for a legal cause or no cause. But if your employment is government by a valid contract, any dismissal is unlawful if it falls outside the provisions of the contract. 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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Your Employer’s Formal Termination Criteria There are cases in which an employer has specific policies providing for discipline procedures. You can have an attorney look into whether your boss had a discipline policy that they violated in your termination case. In any context where a company circumvented their own discipline policy in dismissing a worker, there’s a chance they contravened an implied contract. Discriminatory Treatment In case you were sacked following any given issues, for example work performance concerns, your lawyer will seek to establish if other workmates with the same problems really lost their jobs. 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 that case, your attorney will be trying to show that the reason your employer provided for your dismissal is false. Usually, a false reason for dismissal is called a “pretext” when an employer states it to hide their true, unlawful motivation. Revenge Your retaliation lawsuit may make sense if you got dismissed for telling on your employer for an illegality they were undertaking. 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. Your wrongful termination attorney can probe your situation to extract evidence and get your boss to make up for their unlawful actions against you.