It is challenging to find a job these days; at least it is for many people. Finding a financially rewarding job is something that every person wants; keeping it is another thing. Fortunately, there are laws in place that prevents employers from firing employees illegally. A termination law attorney may be consulted for cases where employers terminate their employees for all the wrong reasons.
In the state of California, as well as in almost all the other states in the US, it is quite difficult to pursue a wrongful termination case because employer-employee relations are considered as a ?at will? relationship. This simply means that an employee may choose to leave the company for any reason, and conversely, employers may terminate employees for any reason, except for some that are deemed illegal.
This ?at will? relationship may be modified through changing the stipulations of the employee contract, which he or she will sign at the point of employment. It may also be changed if there is a stipulation regarding it in the employee handbook and other similar documents. A terminated employee may consider reading through the employee handbook in addition to consulting a termination law attorney to determine if he or she was fired legally or not.
One of the illegal reasons for firing an employee is discrimination of any form. The law declares it illegal to treat an employee differently from other employees because of one or more of these reasons:
?Ancestry
?Nationality
?Sexual orientation
?Sex
?Race
?Disability
?Medical condition
?Religion
?Marital status
?Age
In cases where you feel you are being fired because of illegal reasons, here are a few things you can try on your own to resolve the matter without going to court first:
?Talk to your superiors. There is nothing wrong with questioning the decision of your company to fire you. It is always good to clear things up with your employer before you take any other action
?Be familiar with the rights that you have. You can read through when researching about the rights that you have as a worker in many online resources. Read them and know exactly what rights you have for your specific situation so that you will have more confidence when asserting them.
?Stick to the facts of your case. Before you even talk to your superiors, write down your thoughts to organize them. If you allow yourself to talk without organizing your thoughts first, you might forget one or two major points in your argument. Write down specific incidents that you may want to bring up. It would also help to run your thoughts by an objective listener and think about possible rebuttals or questions that you might encounter when it is time to talk to your employer about your case
?Don't be overly emotional. Control your emotions when it is time to talk to your employers. Overly emotional people tend to say things that they regret afterwards
?Document everything. Whenever applicable, document everything that goes on in your negotiation with your employer
If you feel that you have done everything that you can and you were still fired, consult a termination law attorney to find out if you have a strong case against your employer.
Intellectual Property Law Attorney
Choosing a Lemon Law Attorney may look easy, but to be certain of the right choice, it takes more than clicking a link of advertisements and search engine results. Select the wrong law firm and it can spell disaster for your case and your wallet. But if you ask the right questions, accept nothing less than answers that can be backed up with fact, and promise yourself to make no decision until you are confident in doing so, the chances of having a sour experience with a Lemon Law attorney can be cut down dramatically.
When hiring a lemon law attorney, it is very important that you ask questions and not rely solely on self-promoting advertisements and websites. Here are some items you should always consider:
* Experience - How long has the company been in business? Don't go by the date on the website, check the records. A company who has only been around for a couple of years may not have the proven track record that you need. For me, the risks are too high to be leaving it to inexperience.
* Honors, Awards and Recognition - Check for references such as Super Lawyers and Rising Stars in attorney polls conducted by Law & Politics Magazine,and SJ Magazine.
* Locations - Beware of the fake office! Try calling the local phone number or stopping by sometime to make there is an office and real people.
Unfortunately, firms sometimes buy "addresses" to look more established and gain new business. We know of one firm that has no offices in many of the states they claim to practice in. If you see a little asterisk explaining that these are "of counsel" locations, it means they are not directly owned or operated by the law firm. Be as wary of the "of counsel" lawyer as you would be of the "of counsel" surgeon. Limited knowledge and lack of experience is often the hallmark of such arrangements and that could detrimentally affect your case.
* Credibility - In many states, lawyers are not permitted to use the terms "expert", "specialist", or "premier" in advertising because it gives the public an impression that cannot be verified by objective proof. Sadly, the rules are not always enforced and some firms use them anyway.
* Former Clients - From state senators, to judges, police, media personalities, professional athletes, doctors, religious leaders, fellow lawyers, musicians, union tradesmen, and most importantly, the average person and clients will come from all parts of society, from diverse economic groups and from all segments of society. Sometimes testimonials are available but often word of mouth is a great reference.
* Here are some questions you need to ask a lemon law firm:
- How long has the lawyer been practicing law?
- How long has the lawyer practiced Lemon Law?
- Does the lawyer have a license to practice in the client's state? (Very important)
- Has the lawyer received any recognition, honors or awards for work performed in the client's state?
- Has a successful verdict the lawyer tried ever been reported in a legal case reporter? If so, identify the case. (Read about us in our on-line newsroom).
- When was the last time the lawyer received a successful verdict in a Lemon Law case?
- Can the lawyer provide any references of other clients, attorneys, or judges in the client's state?
- If my case cannot be resolved right away, and a lawsuit is necessary, where would it be filed and why?
- How is the lawyer compensated?
- Is the client advised in writing at the start of the case what their rights and responsibilities are?
- Is a mechanical expert utilized by the law firm to help prove the case, and if so, is his/her involvement free to the client?
- What does the client need to do to assist the lawyer in a case?
- Does the lawyer have a physical office within the client's state?
- Is a lawyer and/or their staff available to speak with clients on a daily basis?
Even in law, there are questionable individuals and companies who are prepared to take your money and may misrepresent your case. Having a lemon vehicle is enough of a headache; the last thing you want is to go through more pain. Check credentials, ask questions, do a little research before connecting with a lemon law lawyer.
Both Alva Pao-pei Alfonso & Paul Fleming are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
Paul Fleming has sinced written about articles on various topics from Alarm System, Family and Lemon Law. Paul Fleming represents the Lemon Law firm Kimmel & Silverman who have been providing cost-free, quality legal representation to distressed consumers of "lemon" cars since 1991.. Paul Fleming's top article generates over 4400 views. to your Favourites.
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