Los Angeles Employment and Labor Law Attorneys

Wrongful termination might not mean what you think it does in the legal sense. That's because, what we as considerate human beings think is unfair or unethical treatment in the workplace, is not necessarily illegal for U.S. employers. As a rather expensive California labor lawyer once indicated to this writer, employment laws give them much more leeway than you might imagine.But perhaps it's more accurate to say that the absence and antiquation of laws is what really grants employers their leeway. In turn, just because an employer unfairly fired or forced an employee to quit, doesn't necessarily mean that the employee suffered wrongful termination, at least not according to law.However unfair, for it to be the illegal act of wrongful termination, an employer must violate a specific state or Federal law, regulation or constitutional provision. Unfortunately, there's no such thing that generally protects employees from "crummy deals" per se.To further understand what legally constitutes wrongful termination, it's important to also note that most states consider employment to be "at will" in legal jargon. In plain English, the Employment at Will Doctrine means that, in the absence of employment contracts stating otherwise, employment is presumed to be voluntary and indefinite for both employees and employers. As an at-will employee, you may quit your job whenever you want, usually without consequence. On the flip side, at-will employers may terminate you whenever they want, usually without consequence.

However, in many states employers must at least show "good cause" for terminating you. But good cause or not is often a matter of interpretation by the courts or arbitrators.

Wrongful termination might not mean what you think it does in the legal sense. That's because, what we as considerate human beings think is unfair or unethical treatment in the workplace, is not necessarily illegal for U.S. employers. As a rather expensive California labor lawyer once indicated to this writer, employment laws give them much more leeway than you might imagine.But perhaps it's more accurate to say that the absence and antiquation of laws is what really grants employers their leeway. In turn, just because an employer unfairly fired or forced an employee to quit, doesn't necessarily mean that the employee suffered wrongful termination, at least not according to law.However unfair, for it to be the illegal act of wrongful termination, an employer must violate a specific state or Federal law, regulation or constitutional provision. Unfortunately, there's no such thing that generally protects employees from "crummy deals" per se.To further understand what legally constitutes wrongful termination, it's important to also note that most states consider employment to be "at will" in legal jargon. In plain English, the Employment at Will Doctrine means that, in the absence of employment contracts stating otherwise, employment is presumed to be voluntary and indefinite for both employees and employers. As an at-will employee, you may quit your job whenever you want, usually without consequence. On the flip side, at-will employers may terminate you whenever they want, usually without consequence.

However, in many states employers must at least show "good cause" for terminating you. But good cause or not is often a matter of interpretation by the courts or arbitrators.

Seeking Relief for Wrongful Termination

However illegal, you still might have to at least "threaten" to file a lawsuit to correct wrongful termination. Such a letter from your lawyer may be all it takes for your former employer to settle out of court. But if the employer chooses to fight and you choose to fight back, you're likely headed for court.

Alternately, you might be able to bypass the judicial system by arbitrating your case under the National Rules for the Resolution of Employment Disputes. (Browse the Rules/Procedures section.) You don't need an attorney on your side of the table, but the American Arbitration Association recommends it. In fact, some sort of arbitration might be your only choice, if you signed a mandatory arbitration agreement with the employer in question.