Do I Have a Wrongful Termination Case?
Los Angeles Wrongful Termination Lawyer On Causes Of Unlawful Employee Termination
California is home to an enormous working population. Many of these workers are protected by state and federal employment laws, which may prevent their firing or forced resignation under certain conditions. Each wrongful termination lawyer at our Los Angeles employment law firm is dedicated to helping individuals and organizations achieve results in the employment law cases they may be facing, including those involving wrongful termination cases.
Employees who have been fired for questionable reasons may benefit from free legal advice given by a Los Angeles wrongful termination lawyer, like the experienced attorneys for wrongful termination at Kesluk, Silverstein, Jacob & Morrison, P.C.. During a no cost consultation, our employment attorneys can help you determine whether legal action is an appropriate route to resolving an unlawful termination based on the applicable laws and facts. You can also check out our frequently asked questions and answers from an employment attorney for wrongful termination.
What is Wrongful Termination?
As California does not have a direct wrongful termination laws, there are various state and federal law provisions that grant wrongful termination protection to employees. Under these wrongful termination laws, there are instances when a worker can bring a valid lawsuit against an employer for a forceful employee termination.
Some of the most common instances of wrongful termination include retaliation, discrimination, breach of contract, character assassination, breach off good faith and constructive discharge. Our Los Angeles lawyers for wrongful termination provide the following brief explanations of these causes of wrongful termination in California:
- Retaliation: If the termination is as a result of the employee reporting the illegal act of the employer to the appropriate authority, it can be called termination in retaliation.
- Discrimination: If the termination is based on one’s caste, creed, sex, color, race, religion or any of the discriminatory reasons, it is called termination based on discrimination in the workplace.
- Breach of expressed or implied contract: When an employment is based on a contract for a stipulated period, and if the employer terminates the employee without good cause before the period expires, this termination is a breach of express contract. Sometimes, employment may not be based on a contract. In these situations, an implied contract will be presumed based on employers’ policy manuals, employee handbooks, employee agreements and like documents, as binding, implied contracts of continued employment.
A landmark decision in California, Foley vs. Interactive Data Corp., laid down certain criteria to be considered for implied contracts, such as employee’s chain of promotions, raises, great merit reviews and verbal assurances of job security.
- Character assassination: If the employer makes false allegation against the employee in order to terminate the employee, it is an unlawful termination in violation of public policy.
- Breach of good faith and fair dealing: There is an implied promise that the employer will treat the employees fairly. If the employee is terminated based on false reasons articulated by the employer, it amounts to breach of good faith and fair deal.
- Constructive discharge: When an employee is forced to quit due to certain changes made by the employer in the workplace, it amounts to constructive discharge.
Why is Employment At Will Important in Wrongful Termination Cases?
Workers who contact a wrongful termination lawyer in California for advice and legal help will soon discover, if they have not already, that this is an “at will” employment state. As our Los Angeles wrongful termination lawyers can explain to you further during a free attorney consultation, this essentially means that workers can leave their jobs when they want without employer retaliation for quitting. Likewise, employers can cut ties with their employees with no notice or reason, even if they are performing their job functions well and otherwise have no grievances with their workers.
Despite this rule, our wrongful termination lawyers may still provide valuable services to workers who have lost their jobs for unusual or unknown reasons. We can help you determine if what may seem to be a decision under at will employment may have actually been based on discrimination or other unlawful causes of wrongful termination. Our employment lawyers can investigate on your behalf at no cost before deciding to take your wrongful termination case.
How to Fight Wrongful Termination
If you are wondering about your employment rights or have been fired, contact the Los Angles wrongful termination lawyers at our law firm for help. We encourage you to contact us by phone or by submitting an online case review form today to learn more about how our experience in the area of labor and employment law may benefit you.