A Los Angeles wrongful termination lawyer explains that some states (California as an example) abide by an employment law known as 'at will'. This suggests that employers are allowed to end a person's work for no real reason . This also means that they do not have to offer an explanation as to the reasons why they are taking this line of action. Though this law does appear a little harsh from the outside when you dig into it the term 'at will ' doesn't mean you can fire somebody for any cause.
On the contrary there are specific circumstances under which bosses could be held responsible for their actions and these are some examples.
Retaliation
If a worker has previously registered a claim for employees compensation or is pursuing some kind of proving discrimination case, then an employer can't fire the worker simply because they have taken these actions. This is commonly known as retaliation and is against the law. In many examples a seasoned L. A. wrongful termination lawyer, when investigating a case like this, will come across a company who may suggest that the worker has had their employment ended due to bad performance levels or staff cuts and that it has nothing to do with the incontrovertible fact that they have filed an incapacity claim. A skilled lawyer can see through this smoke screen and can prove otherwise.
Pregnancy
In no case can an employer fire or make redundant an employee who is pregnant if it is deemed that the employee's pregnancy is the reason for the termination. Also if an employee wants to take time off under pregnancy laws then again their position cannot be cancelled.
Protected standing
A protected standing means any bunch of folks whose sex, race, sexual orientation or faith is called into question. If an employer fires an individual from a protected group even for reputedly the correct reasons then they could well be playing with fire. The reason behind this is that it can be extremely difficult for an employer to prove that a person inside a protected standing group has been fired for any other reason apart from the category that they fall into. If you fall into a protected status group and you feel that you have been maltreated by your employer, then you actually need to contact a LA wrongful termination solicitor who can be helpful.
Whistle blowing
A whistle blower is essentially a person who has reported any wrongdoings by the company to a higher authority like a governmental office. When they have done this they'll also fall into a protected status group. This means that even under 'at will ' law an employer must be very careful how they handle the employee. As an example if an employer ended the whistle blower's employment a week or 2 after the event, then it is probably blindingly obvious as to the reasons why they have done that. If however a significant period of time has elapsed between the event and a termination, then it could be claimed the employer is doing so for legitimate reasons.
There are dozens more reasons why you cannot suspend, make redundant or fire a worker under 'at will ' law and this is only a selection. Being discriminated against is grounds for wrongful termination and as a consequence it is important that the services of a team of LA wrongful termination lawyers, who have got a proven track record in coping with issues like this, are called upon should you are feeling that you've been treated badly. They'll have the experience to grasp which avenues to take in order to initiate a fast and efficient compensation claim. They'll be able to take full charge of the situation so you can focus on rebuilding your future and you must feel safe in the knowledge that a successful end result will be reached.
On the contrary there are specific circumstances under which bosses could be held responsible for their actions and these are some examples.
Retaliation
If a worker has previously registered a claim for employees compensation or is pursuing some kind of proving discrimination case, then an employer can't fire the worker simply because they have taken these actions. This is commonly known as retaliation and is against the law. In many examples a seasoned L. A. wrongful termination lawyer, when investigating a case like this, will come across a company who may suggest that the worker has had their employment ended due to bad performance levels or staff cuts and that it has nothing to do with the incontrovertible fact that they have filed an incapacity claim. A skilled lawyer can see through this smoke screen and can prove otherwise.
Pregnancy
In no case can an employer fire or make redundant an employee who is pregnant if it is deemed that the employee's pregnancy is the reason for the termination. Also if an employee wants to take time off under pregnancy laws then again their position cannot be cancelled.
Protected standing
A protected standing means any bunch of folks whose sex, race, sexual orientation or faith is called into question. If an employer fires an individual from a protected group even for reputedly the correct reasons then they could well be playing with fire. The reason behind this is that it can be extremely difficult for an employer to prove that a person inside a protected standing group has been fired for any other reason apart from the category that they fall into. If you fall into a protected status group and you feel that you have been maltreated by your employer, then you actually need to contact a LA wrongful termination solicitor who can be helpful.
Whistle blowing
A whistle blower is essentially a person who has reported any wrongdoings by the company to a higher authority like a governmental office. When they have done this they'll also fall into a protected status group. This means that even under 'at will ' law an employer must be very careful how they handle the employee. As an example if an employer ended the whistle blower's employment a week or 2 after the event, then it is probably blindingly obvious as to the reasons why they have done that. If however a significant period of time has elapsed between the event and a termination, then it could be claimed the employer is doing so for legitimate reasons.
There are dozens more reasons why you cannot suspend, make redundant or fire a worker under 'at will ' law and this is only a selection. Being discriminated against is grounds for wrongful termination and as a consequence it is important that the services of a team of LA wrongful termination lawyers, who have got a proven track record in coping with issues like this, are called upon should you are feeling that you've been treated badly. They'll have the experience to grasp which avenues to take in order to initiate a fast and efficient compensation claim. They'll be able to take full charge of the situation so you can focus on rebuilding your future and you must feel safe in the knowledge that a successful end result will be reached.
About the Author:
One must know his rights as an employee. Helenna Powell debates the significance of discrimination lawyers and wrongful termination lawyers as part of the Employment Law.
0 Comments with Blogger
