Determining the Strength of Your Wrongful Termination Claim

Author: jestermarusmith | Posted: 01.02.2012

There are a lot of things that must be looked into in a wrongful termination case, just like the other employment-related cases. The presence and implementation of various labor laws do not seem to be enough to put an end to wrongful termination California.

Once an employee considers himself or herself wrongfully terminated, it is likely that he or she will file a wrongful termination complaint.

Points to Consider

If you want to know whether or not your claim is valid, you have to take into account the following.

“At will” must not be used as a means of discrimination. Majority of employment sites in California are utilizing the “at will” employment law. However, employers should be able to acknowledge that it was not created to be abused; otherwise, they might be charged of violating the provisions of such law. It should be properly used in accordance with what is mandated by the law.

Whistleblower. You have great chances to succeed in your claim once you are able to prove that you were fired by disclosing any anomalous and illegitimate act of your employer. Also, you are on the positive side if you were terminated because you did not follow unlawful order to you.

You took time off from work. You may succeed in your claim once proven that you were terminated because you took time off from your job to participate in the military service, to exercise your right to vote, or to take care of your sick family member.

You are pregnant. There are employers who consider employees as incompetent because of being pregnant. It is illegal by virtue of the law because pregnant employees are entitled for a specific number of days of leave due to their condition.

You have disability. During your application, you were not able to disclose your disability. On your time of employment, your employer discovered that you have disability, and you were fired. Employers should know that as long as the employee’s disability does not affect his or her job performance or the company in general, the employee should stay in the company.

Consult a Lawyer

Wrongfully terminated employees can seek legal assistance from employment lawyers who specializes in wrongful termination. As wrongful termination California can be tricky, a lawyer’s help must be sought after for fair and better handling of the case.

The lawyer, however, has to have sufficient winning litigation background and must be licensed. Keep in mind that the outcome of your case will rely on your lawyer’s capability; hence, you have to be careful in choosing a lawyer to hire.


About Author:
Jester Maru used to write several articles for a Law Group in Los Angeles, California. He personal loves writing articles on the topic employment law attorneys and wrongful termination california.

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