In most countries in the U.S., employees work for companions “at will”, meaning there is no formal contract between the employee and the company.
State laws of nature say that “at will” employs can be ended by the company at any time. However, there are still conditions that should be met for the company to avoid unlawful termination charges. If you are an “at will” employee and your feel your company has wrongfully terminated you from your position, these may be the basis of your claim:
• Public insurance policy violations – Here, any company will not be allowed by the state to terminate an employee who filed a compensation claim. According to state and federal laws, injured employees have the right for benefits.
• Whistle-blower security – It is specified here that the state only protects employees who disclose confidential company information to the state department or regulatory agencies. If they reveal these details to friends or members of the media, the employee will not be protected from termination.
• Termination as an act of revenge – Federal and state laws forbid employee termination as a retaliation of the company for the employee’s whistle blowing actions or filing an action for discrimination or labor violation.
• Employee discrimination – A termination may also be considered wrongful if the employee experienced serious levels of discrimination from the company. The termination is also unlawful if the principal reason for termination is any type of discrimination.
• Presentation of employment agreement – Upon issuance of termination, the company is needed to present manuals, contracts, or documents that are the bases for their actions. If they fail to present such documents, the termination is therefore illegal.
Employees who have underwent any of these provisions may proceed to file a complaint. However, they should first file a wrongful termination complaint with the Department of Fair Employment and Housing (DFEH) or with the Equal Employment Opportunity Commission (EEOC).
The victim of the wrongful termination charge may receive several privileges such as back pay, reinstatement, or promotion for the damages of the wrongful termination. The company may also pay for all the expenses of the employee in processing his/her complaint.
If you are an “at will” employee in Los Angeles, and you think your termination was illegal, seek the assistance of legal advisers. You can search online to get the most reliable informants of help in your location. Once you have started working with an attorney specializing in employment laws, make sure you disclose accurate and true information. If your lawyer found out the details you supplied are inaccurate, he/she will have a hard time analyzing your situation.
Almost of the time, wrongful termination cases in Los Angeles are intentional. However, there are some cases that the termination was completely a mistake. That is why during these situations, you need a firm hand to direct you and get your job back.
