Under Wrongful termination law there are several instances in which a worker could well believe that they have suffered wrongful termination from their employment, when in the cold light of day, their employer has done nothing illegal. This is especially true in many states that adopt the 'at will ' employment law (of which California is one). In essence, it implies that an employer can fire an individual 'at will ' with no need to give a reason, or in numerous cases, give notice.
This is down to the indisputable fact that the employee is not covered under a written, oral or implied contract. Although this law does appear a little tough for employees working under its umbrella, a worker does have some rights.
With this in mind...how do you know if you have grounds for a wrongful termination case?
Here are some pointers...
Discrimination
Under wrongful termination law, companies aren't allowed to cancel the employing of any worker because of their age, sexual preference, sex, incapacity, color, ethnic grouping or religion. People who fall into these categories are categorized as 'protective groups'. Fundamentally this suggests that anyone who works inside an organization who is not of the 'norm ' (whatever that could be) can be specified as a protecting group.
For example, shall we say that a company has a large work force of ladies above the age of 40, within that same organization, they also happen to employ a handful of men aged around 20-30. These men, because they're in a minority and outside the normal parameters of the company, are categorised as a protected group. If you think that you've had your employment terminated due to the fact you're in a protected group, then you might have a case for wrongful discharge.
Retaliation
In some instances, especially thru whistleblowing activities, some employers will terminate the employing of an individual under a fake pretence, when obviously it may be identified as retaliatory behaviour and as such an employer may be held in violation of the law. Other instances of retaliation may be when an employer asks the victim to do something illegal, or to cover up some evil-doing and they refuse.
Or alternatively, it could be sexual in nature when the employee refuses the advances of their superior. Whatever the reason, any type of retaliation is seen as an illegal practice, and a talented discrimination attorney on behalf of their client can look to wrongful termination law for recompense.
This is down to the indisputable fact that the employee is not covered under a written, oral or implied contract. Although this law does appear a little tough for employees working under its umbrella, a worker does have some rights.
With this in mind...how do you know if you have grounds for a wrongful termination case?
Here are some pointers...
Discrimination
Under wrongful termination law, companies aren't allowed to cancel the employing of any worker because of their age, sexual preference, sex, incapacity, color, ethnic grouping or religion. People who fall into these categories are categorized as 'protective groups'. Fundamentally this suggests that anyone who works inside an organization who is not of the 'norm ' (whatever that could be) can be specified as a protecting group.
For example, shall we say that a company has a large work force of ladies above the age of 40, within that same organization, they also happen to employ a handful of men aged around 20-30. These men, because they're in a minority and outside the normal parameters of the company, are categorised as a protected group. If you think that you've had your employment terminated due to the fact you're in a protected group, then you might have a case for wrongful discharge.
Retaliation
In some instances, especially thru whistleblowing activities, some employers will terminate the employing of an individual under a fake pretence, when obviously it may be identified as retaliatory behaviour and as such an employer may be held in violation of the law. Other instances of retaliation may be when an employer asks the victim to do something illegal, or to cover up some evil-doing and they refuse.
Or alternatively, it could be sexual in nature when the employee refuses the advances of their superior. Whatever the reason, any type of retaliation is seen as an illegal practice, and a talented discrimination attorney on behalf of their client can look to wrongful termination law for recompense.
About the Author:
Are you being fired with no acceptable reasons? If you are a victim of wrongful termination consult a wrongful termination lawyer Los Angeles now. Read on the draft of Vristalle Rosenstengel to learn more.
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