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What Does Wrongful Termination Mean?
“Wrongful termination” refers to the illegal firing of an employee. This may seem like a straightforward concept, however the employment laws in the United States can make it difficult to prove. Most employment throughout the US, and especially here in California, is conducted on an “at-will” basis – meaning, an employee can quit at any point in time, and for any reason, or no reason at all.
At-will employment also means that an employer can fire an employee for any legal reason (or no reason at all). A fired employee may believe that his or her firing was illegal, but the determining factor is whether the employer based their decision to fire the employee on illegal grounds.
Why Hire A Wrongful Termination Lawyer?
If you believe you’ve been wrongfully terminated from your job and don’t know where to turn, contact us – MAG, your expert employment lawyers, as soon as possible to discuss your options. A wrongful termination attorney can explain the law that applies to your situation and how you might want to proceed.
Are you looking for reinstatement to your previous job or financial compensation? Well, you’ll need an experienced employment lawyer on your side to help you navigate the often confusing process of pursuing a wrongful termination claim.
Wrongful termination claims can be complicated to navigate and having an experienced employment lawyer can greatly increase your chances of a positive outcome. Your attorney can negotiate a settlement with your employer before proceeding with legal action and represent you in filing a claim with the EEOC or state’s fair employment agency. In case of a lawsuit, having a competent employment lawyer by your side will give you the best chance of achieving either reinstatement to your previous job or financial compensation.
Can An Employee Be Fired For Any Reason?
No, an employee cannot be fired for just any reason. Employers must comply with federal and state employment laws, which prohibit discrimination and retaliation. Additionally, employees may have legal protection under an employment contract or collective bargaining agreement. An employer may only terminate an employee for lawful reasons such as poor performance, misconduct, or layoffs. If an employee believes they were terminated for an illegal reason, they may have a claim for wrongful termination. Be sure to speak with a knowledgeable and licensed attorney about your employment dispute situation.
How Does An Employee Prove Wrongful Termination?
To prove wrongful termination, an employee must show that the termination was in violation of a law or a written contract. Some common types of wrongful termination include workplace discrimination, retaliation in the workplace, breach of an employment contract, or violation of public policy.
To prove wrongful termination based on discrimination, the employee must show that the termination was based on a protected characteristic such as race, religion, gender, age, or disability. This can be demonstrated through evidence such as discriminatory comments or actions by the employer, inconsistent treatment compared to other employees, or a pattern of discriminatory conduct by the employer.
In a wrongful termination case, the employee may also need to prove that the termination resulted in harm, such as lost wages or damage to their reputation.
Proving wrongful termination can be complex and requires a thorough examination of the facts and applicable laws.
Our Employment Attorneys Are Here For You
A wrongful termination lawyer can help if your employer fires you for an unfair reason. Wrongful termination occurs when your employer breaks an employment agreement with you, violates an employment or anti-discrimination law, or fires you in retaliation for whistle-blowing or for filing a sexual harassment or workers’ compensation claim. If you think you were wrongly fired, talk with a wrongful termination lawyer to see if the circumstances of your firing justify a claim.
Marquee Makes A Difference
It is crucial to understand what constitutes an employment contract if you believe your employer terminated you in violation of such agreement. This could be an oral or written agreement, or the employer may imply a contract in several ways. For instance, if the employer had indicated upon hiring that termination could only occur under specific circumstances and then terminated you outside of these conditions, you may have a strong case for wrongful termination. An experienced employment lawyer can assist in gathering evidence and presenting a solid case on your behalf.
If you believe you have a wrongful termination claim in California, the attorneys at Marquee Advocacy Group want to hear your story. Call to schedule a consultation with one of our attorneys. We can help you determine whether an illegal firing occurred and give you an estimate of the damages you could receive in a successful lawsuit.
Through our many years of experience, we insist that you don’t take on such an overwhelming situation alone. Whether you need a California employment lawyer for wrongful termination, workplace discrimination, workplace retaliation or other employment dispute, we’re here to help you with your wrongful termination claim. If you or someone you know has claims about these employment scenarios, call us at 1-844-493-9455 (4WE-WILL) or fill out our contact form today.