What Are The Evidence And Arguments You Need To Sue For Wrongful Termination
Many employees believe that their employers have complete discretion over their job and have no protections against being fired. While employers are legally allowed to fire employees working at will, that doesn't mean they can fire them for illegal or discriminatory reasons.
Workers in California should be aware of when it is illegal for an employer to fire an employee and how they can defend themselves from wrongful termination.
If you've been fired for illegal and discriminatory reasons, consult one of our prescreened Palmdale Wrongful Termination Lawyers in California.
Important Caveats: "At-Will" Employment In California
In general, when an employer and employee have an indefinite working relationship, the employment is called "at-will." This means that either party can end the relationship for any non-illegal cause or for no reason at all.
So, yes. In an "at-will" employment arrangement, your boss will be able to fire you for any reason or no reason at all. It can be unfair, but it isn't illegal.
Because of the system in place for at-will employment, employees can sometimes miss the fact that they've been illegally terminated. To make sure your rights aren't violated, it's best to consult with a Palmdale Employment Lawyer to know where your case stands.
What Qualifies As Wrongful Termination In Palmdale?
The general rule of at-will employment has some exceptions. Wrongful termination happens when an employer fires an employee in violation of a statute or public policy.
The Fair Employment and Housing Act of California prohibit businesses from discriminating in hiring and firing decisions based on a variety of variables, including but not limited to:
Other violations qualify as acts of wrongful termination, including:
It would be wrongful termination if an employer fired an employee because of one of the criteria enumerated in the FEHA.
It qualifies as wrongful termination when an employer fires an employee for exercising a legal entitlement, such as taking time off under the Family and Medical Leave Act or filing a sexual harassment lawsuit.
It is also considered an act of wrongful termination when an employer terminates an employee for refusing to break policies or for acting as a whistleblower.
Wrongful termination occurs when an employee has an employment contract and is fired without cause.
If you're still unsure about filing claims against your employer, contact one of our Palmdale Employment Law Attorneys in California to look over your case. A lawyer will be able to advise you on.
What Types Of Evidence Can I Collect?
Your Palmdale Employment Law Attorney will be able to collect evidence, file paperwork, and speak to people to solidify your case. However, you can collect evidence yourself, and here are a few you can start gathering your own:
Photos and videos. If you feel like you're being discriminated against or harassed, take photos.
However, be careful when taking photos or videos. Doing so can sometimes make tensions and arguments worse.
Write them down. You don't always remember every single detail of an instance or event. So, take down notes. These accounts might come in handy in the future.
Texts, chats, and emails. Your work emails, chat conversations, and text messages could be proof that you're being discriminated against, harassed, or retaliated against.
Keep any emails or discussions in which your employer or HR explicitly implies that you're being fired for illegal reasons.
Pay stubs, time cards, and written notices. These documents could be used as proof that your employer has begun to retaliate against you (i.e., demotions, suspensions, and pay cuts).
That said, if the act of gathering proof of discrimination by yourself is risky or difficult, a Palmdale Employment Law Attorney will be able to step in and collect these things for you.
They'll also be able to request documents from your company, as well as other evidence you might be able to use to solidify your employment law claim.
Filing A Wrongful Termination Claim In Palmdale, California
To win a wrongful termination claim, an employee must prove that the employer fired them in these conditions:
In violation of the FEHA or another act
In violation of public policy
Additionally, the employee must demonstrate the following:
That there was an actual or implicit employment contract
That the employer did not fire the employee for "good cause."
Wrongful termination lawsuits are frequently fact-specific, so it's crucial to have a professional wrongful termination lawyer evaluate the facts of the case to figure out what's at stake.
If you have issues concerning wrongful termination, speak with a Palmdale Employment Law Attorney who can assist you in asserting your rights at work.
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