Legal Solutions to Fix a Wrongful Termination
By: Mesriani Law Group | Posted: 13th April 2010
In most states in the United States, employees work for companies “at will”, meaning there is no formal contract between the employee and the company.
State laws say that “at will” employments can be ended by the company at any time. However, there are still conditions that should be met for the company to avoid wrongful termination charges. If you are an “at will” employee and your feel your company has wrongfully terminated you from your position, these may be the basis of your claim:
• Public policy violations – Here, any company will not be allowed by the state to terminate an employee who filed a compensation claim. According to state and federal laws, injured employees have the right for benefits.
• Whistle-blower protection – It is specified here that the state only protects employees who disclose confidential company information to the state department or regulatory agencies. If they reveal these details to friends or members of the media, the employee will not be protected from termination.
• Termination as an act of retaliation – Federal and state laws forbid employee termination as a retaliation of the company for the employee’s whistle blowing actions or filing an action for discrimination or labor violation.
• Employee discrimination – A termination may also be considered wrongful if the employee experienced serious levels of discrimination from the company. The termination is also unlawful if the principal reason for termination is any type of discrimination.
• Presentation of employment contract – Upon issuance of termination, the company is required to present manuals, contracts, or documents that are the bases for their actions. If they fail to present such documents, the termination is therefore illegal.
Employees who have experienced any of these provisions may proceed to file a complaint. However, they should first file a wrongful termination complaint with the Department of Fair Employment and Housing (DFEH) or with the Equal Employment Opportunity Commission (EEOC).
The victim of the wrongful termination complaint may receive several privileges such as back pay, reinstatement, or promotion for the damages of the wrongful termination. The company may also pay for all the expenses of the employee in processing his/her complaint.
If you are an “at will” employee in Los Angeles, and you think your termination was illegal, seek the assistance of legal advisers. You can search online to get the most reliable sources of help in your location. Once you have started working with an attorney specializing in employment laws, make sure you disclose accurate and honest information. If your lawyer found out the details you supplied are inaccurate, he/she will have a hard time analyzing your situation.
Most of the time, wrongful termination cases in Los Angeles are intentional. However, there are some cases that the termination was completely a mistake. That is why during these situations, you need a firm hand to guide you and get your job back.
Our employment attorneys are experienced in handling wrongful termination cases in Los Angeles. For consultation, visit our website and dial our toll free number.
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Tags: public policy, company information, provisions, regulatory agencies, issuance, state laws, compensation claim, state department, retaliation, principal reason, employment contract, employments, wrongful termination