In every company, termination or firing is an inevitable action. As the owner of the company, an employer has the prerogative to decide if he wants an employee to stay or not. Employee termination usually happens because of several reasons. An employer can legally terminate an employee if:
The employee committed an illegal act.
The employee is not able to perform his job properly and efficiently.
The employee, in some way or another, irritates him and/or his co-employees.
An employer can lawfully fire an employee if he has one of these reasons. However, if he terminates his worker without valid reason and against the law, it is considered a wrongful termination. For employees, it is a very frustrating experience to be terminated by your employer without having done anything wrong. In these kinds of situation, he may still get his job back if he can prove that his employer terminated him wrongfully.
The following are six factors that you can relate to your termination:
1. Discrimination An employee was fired on the basis of age, race, sex, religion or disability.
2. Retaliation The worker was terminated because he engaged in a whistleblowing action against the company.
3. Defamation of the individual The employers purpose for firing the employee is because he wants to insult or defame him.
4. Breach of contract The termination is not allowed by the employees employment contract.
5. Breach of fair dealing The worker was not treated in a rightful manner.
6. Constructive discharge An employee voluntarily quits his job because of a difficult situation created by his employer.
If you can prove that one or more of these factors prompted your employer to fire you, you can file a wrongful termination complaint against him. During the legal process, you need to hire a wrongful termination lawyer in Los Angeles to handle your case. If you succeed in the case, your employer would be required to pay for the following damages:
* Pain and suffering
* Lost wages
* Legal fees
Aside from these, you would also be included in a protected class, which means no one is allowed to take discriminatory or retaliatory actions against you.
Landing a decent job is very difficult today. That is why employers should not just fire anyone they want out of their company. If they commit this violation, their former workers might get an
Los Angeles Labor Attorney and press charges against them.
