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Proving Wrongful Termination

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When anyone loses their job, it can completely change their life. The sudden loss of income often results in financial struggles with monthly bills as well as other financial obligations. It is a time when people will experience a variety of negative emotions. This is made worse if it’s a wrongful termination. In most states, employees are protected with wrongful termination laws. A Los Angeles wrongful termination lawyer can help a terminated employee decide how to proceed.

Rights Of Employees
Some of these laws vary from one state to the next. There are some issues of rights that are basic considerations. These laws are designed to protect employees. It is important for an employee to know how their state addresses wrongful termination cases. It is always helpful to speak with a wrongful termination attorney when considering taking action for wrongful termination.

At-Will Employment
All of the states in the United States follow the employment doctrine known as at-will employment. This doctrine states it’s possible for an employer to terminate an employee from their job at any time for any reason. They can do this without fear of experiencing any legal consequences. The at-will doctrine does contain exceptions. There are five well-known exceptions to this doctrine.

  1. Constructive Discharge Exception
    This can happen if an employer intentionally changes a particular employee’s working environment or conditions. This may cause a situation that can’t be tolerated by any reasonable employee. In this situation, the employee who has been targeted has no choice other than to resign. The employer didn’t directly terminate the employee, but it is a resignation motivated by intolerable conditions and can be classified as a wrongful discharge. A wrongful termination lawyer Los Angeles can help show how this makes an employer vulnerable to a lawsuit. This does not apply if the employee knew about the working conditions prior to starting their employment.
  2. Public Policy Exception
    Should an employee be terminated because they filed a workers’ compensation claim, refused to break a law, discriminate against a job applicant based on gender, race, color, age or creed or lie under oath, it is a situation where an employer would be vulnerable to a wrongful termination lawsuit. A Los Angeles wrongful termination lawyer can help pursue a public policy exception lawsuit. It also covers whistleblower but only when it involves concerns for federal law violations of health and safety based on a company’s illegal activities. A Los Angeles employment attorney will know how to gather evidence of a company’s unethical business practices including anti-trust violations, price gouging and other types of unacceptable business behavior. California has adopted this public policy exception.
  3. Written Contract Of Employment Exception
    This exception is usually used with upper management as well as executives. A wrongful termination lawyer Los Angeles can help an employee in this situation. An employer offers a job to an applicant and provides a written employment contract. Should the employer terminate the employee’s position in violation of the contract’s terms, the terminated employee will have a case for a wrongful termination lawsuit.
  4. Implied Contract
    When there is an implied contract between an employer and the employee and it is violated, it’s a cause for a wrongful termination lawsuit. When a contract is implied, it is one that is not written. It is possible for an implied contract to involve an employer making express representations to an employee concerning job security. An employer could mention an employee will have a job forever or that an employee is doing exceptional work and more. A wrongful termination attorney will want to know if there were offers of positions within a company and more.

An implied contract could involve a company’s employee handbook. An employer does have a legal duty to not let an employee go as long as they comply with the requirements stated in the company’s employee handbook.

The representation of an implied contract is based on the interpretation of a court. To determine if an implied contract existed between an employee and employer, a court will analyze the underlying circumstances.

  1. Good Faith Covenant
    Should an employer terminate employment when a good faith covenant exists, it is a cause for a wrongful termination lawsuit. A good faith covenant exists between an employer and employee and the employee does their work properly. In this situation, despite good performance, an employer terminates the employee. These types of terminations are a clear violation of the good faith relationship that exists between employer and employee. This can happen when an employee is about to retire and is terminated by a company so it won’t have to pay full retirement benefits. California and ten other states have a good faith covenant doctrine.

If someone believes they are the victim of wrongful termination, they should immediately contact a Los Angeles employment attorney. These are legal professionals who will know to file a lawsuit for wrongful termination or breach of contract. They will also know if it is necessary to move forward with an EEOC lawsuit. When someone is serious about a wrongful termination lawsuit, they must have a knowledgeable attorney work for them. They will know how to protect their client’s rights and get the best possible outcome for the situation.

 

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