If you have been wrongfully terminated, it will be an unwise idea to deal with your employer alone and agree on something without any legal aid.
Remember that your employer has on its side expert termination attorneys who will make everything possible to defeat your claim or give you less. At this stage, you need a termination laws attorney.
Laws on wrongful termination vary on every state. The appreciation of the facts and circumstances of each case also differ. Like the laws of California on wrongful termination is different from that of New York or Alaska.
Wrongful Termination under California Law
Wrongful termination means at its broadest, as any illegal termination under state or federal law. In its narrowest use, it means that which violates California's ?public policy?. It also means that which courts have ruled as based on illegal grounds.
The California courts have expanded the above definition to include termination that is caused by:
1.refusal to do something illegal;
2.doing something which the California or federal law gives you the right to do;
3.complaints on work related matters;
4.complaints to a third party about your employer;
5.reasons that just do not ?feel? right; or
6. reasons used to ?cover up? another reason
In California, wrongful termination is often difficult to prove. Unless and until an employee is hired pursuant to a union contract or an individual employment contract, the employer-employee relationship is considered to be "at will."
However, the "at will" relationship can be modified either verbally or through custom or practice.
These modifications can be made through assurances for continued employment made by employer. It can also be modified if the company did not follow its policy on progressive discipline contained in the employment handbook. Their existence means that the employment relationship has been modified so that an employer could be required to establish "good cause" prior to terminating an employee.
As the individual facts and circumstances are considered in a termination claims, it is important that the employee keep copies of any appointing letters, employee handbooks or manuals and performance review so that the assessing attorney can better evaluate the facts surrounding your case.
Two Branches of Wrongful Termination Law
1. Wrongful termination in violation of public policy
This aspect of law provides the terminated individual with a cause of action against the employer based on strong public policy. Examples of this include:
?Anti-discrimination laws
?Whistle-blower protection laws
?Miscellaneous laws
The first two categories are self-explanatory. On the other hand, miscellaneous laws include, but not limited to, the following:
?California Family Rights Act which provides time off for serious health condition of the employee or a family member
?Pregnancy Discrimination Act which provides for time off for childbirth, and
?Other Labor Code sections that provide for time off for jury duty, for breast-feeding infants, for parents to visit their children's schools.
Wrongful termination for ?breach of implied contract?
The ?at will? employee, in using this ground, must prove several factors such as employer's consistent practice of progressive discipline and termination only ?for cause?; length of employment; history of steady promotions and raises and employer's violation of its own internal rules and procedures.
In terminating employees, employers in California must observe the substantial as well as procedural aspects of the law. Otherwise, it will result to wrongful termination.
Wrongful Termination California Law
The employment law governs all kinds of relationships between the employer and employee. It is created to provide protection to persons who are abused in the workplace. It also serves as a preventive warning so people will be on their guard most of the time and will be careful with their actions. There are different areas governed by the employment law, one of which is wrongful termination.
Definition of Terms
Before discussing how wrongful termination takes place, it is important that a definition of the types of people that are usually found in the workplace will be given. The two common types of people found in the workplace are:
?Employers- Employers are the ones who pay the wages and hire employees, thus providing employees with their source of livelihood in exchange for their service. In an employment relationship, the authority is given to the employers, who possess the right to direct and control the work that will be done by the employee. In addition, it is the obligation of the employers to collect and deduct Security Taxes as well as federal income from the compensation of the employee.
?Employees- Employees are individuals who work under a certain employment contract, whether written or oral, implied or expresses, and has acknowledged duties and rights. Employees are also known as workers.
Employees are also classified into different types. Some of these types are:
?Part-time employees- Part-time employees are employees who work for less than 40 hours a week. Benefits received by these employees are usually limited or reduced because it is in proportion to the number of hours worked.
?Full-time Employees- Individuals who are considered as full-time employees are those who work for 40 hours a week. These employees most often acquire benefits including health benefits, retirement fund contributions, and sick leaves, among others, that are given by the employer.
?Temporary Employees- Temporary employees are those who are employed by a momentary service business.
What is wrongful termination?
Wrongful termination occurs when an employee is fired by an employer for an illegal or unjust reason. The following some of the things that can be done by an employer that will make him/her do a wrongful termination to he/her employee:
?Discrimination- It is illegal for an employer to terminate his/her employee due to the latter's race, religion, age, gender, and national origin. An employee who is claiming that a wrongful termination took place must prove that he/she was fired due to one of the reasons that are protected by the law.
?Retaliation- It can be called a wrongful termination if an employee is fired because he/she reported an illegal activity that is done by the management.
?Breach of implied or explicit contract- An employer is not allowed to terminate or fire his/her employee if the latter is under a certain contract and is fulfilling the terms of the contract until the period specified ends.
?Constructive discharge- Constructive discharge occurs when an employee is not fired by the employer but was forced to leave due to the inhospitable working conditions.
Ask for the Help of a Termination Law Attorney
Employment laws are created to protect employees against unjust actions that can be done to them. There are certain grounds wherein an employee's termination will be considered legal. However, bear in mind that there are instances when employers step over their boundaries and wrongfully terminates their employees.
If you or someone you know is wrongfully terminated, there are termination law attorneys that can give you assistance. It is advisable to ask the help of these attorneys because they have experience in handling cases of similar kind.
Both Mary Jean Kuda & Jan Camille Canivel 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.
Mary Jean Kuda has sinced written about articles on various topics from Legal Matters, Medical Malpractice and Motorola Cell Phone. Our are reliable in providing expert advice and representation for those employees who experience. Mary Jean Kuda's top article generates over 4400 views. to your Favourites.
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