It is easy to panic when you have been fired. Your job is your source of money which enables you to get food, shelter, and medical care. Although you may be able to get unemployment for a little while, it will be a fraction of what you normally make. If you think that the reasons you were let go may not be legal, but you are not sure, you may want to learn a bit about employment law.
There are a few factors that must be present for wrongful termination to have taken place. California is an at-will state, which means that an employer can fire you at any time without a reason. However, there are some reasons for firing a person that is considered to be illegal.
Violation Of Public Policy
If you have been fired for missing work so you could vote or serve on a jury, your employer would have violated public policy by ending your employment with them. If you serve in the National Guard or in the Reserves, your employer may not fire you for going to your drills, summer camp, or if you are called up for active duty.
If you blow the whistle on your company for participating in illegal or unethical activities, the company may not fire you for doing so. Before you report them, you may want to be sure you can prove that what you are accusing them of is provable.
You may also want to talk to a lawyer before you blow the whistle on your company. They can advise you as to whether or not the companies activities are illegal and whether or not it is worth it to turn them in.
Sadly, there have been many instances in American history where people have been discriminated against based on their age, race, sex, or religion. Unfortunately, many business managers will not hire or promote someone if they are prejudice against them.
Former employees of some of the biggest companies in the world have filed discrimination cases. In the year 1999 thousands of former and current African American employees sued the Coca Cola corporation for racial discrimination.
They charged that black employees were at the very bottom of the pay scale, making an average of $26,000 less than white workers. Coke paid more than 156 million dollars to their former black employees to settle the suit.
In 2017 Sealy of Minnesota paid a hundred and seventy-five thousand dollars to a group of African American employees who had charged them with racial discrimination. The group said that they had been subject to racial slurs and jokes as well as nooses and KKK hoods being left around the facilities.
Breaches Of Good Faith And Fair Dealings
Do you think your former employer may have fired you so they could hire someone who will work for less money? Do you think you may have been let go because you were owed a big commission?
If so, the company may have breached the implied covenant of good faith and fair dealings. This covenant ensures that employers treat their employees in a way that would generally be considered fair by the public.
When you make a contract with a company, it should specify exactly what each of you can expect from one another. This is done to protect each party. If you don’t live up to your end of a contract, a company may be able to sue you. If you have a written contract specifying the dates you will work for a company and a company ends your employment with them, you may want to sue them.
Wrongful termination is hard to prove and you should have a wrongful termination lawyer in Los Angeles by your side if you hope to win your case. No one should lose their job for anything but failing to perform it well. Sometimes legal action is the only way to get justice.
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