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Wrongful termination is a lot more common than you may assume. However, it is unfortunately even more common for employees to believe they have been unfairly dismissed when they were let go for a legitimate reason. As a result, roughly one in ten wrongful termination cases succeed the employee. If you feel that your employment dismissal was unfair, here are a few definite signs that you have a legal case and should contact a Los Angeles employment law attorney to navigate the lawsuit process for you.
Your Employer Has Violated Implied Or Written Promises
When you start working, you enter an agreement in which you are paid in exchange for work. While the details of employee contracts differ, if your employer has terminated your contract before your contractual time is up, you have a case for unfair dismissal. Furthermore, this remains relevant even if the work period was verbally discussed and not stated in writing.If you feel that your employment dismissal was unfair, here are a few definite signs that you have a legal case and should contact an employment law attorney to navigate the lawsuit process for you.Click To Tweet
This is also relevant if you have experienced a personal injury and your employer has promised or implied that you may return to work and terminate your contract due to the injury. You should read your employment contract thoroughly, if you have one, to determine the specific contractual agreement surrounding injuries, leave time, and sick days.
Your Termination Is Due To Discrimination
Workplace discrimination is unfortunately quite common, and the term refers to unfair treatment due to age, gender, race, and even sexuality. Suppose you have been dismissed for any of these reasons, or you believe your dismissal is the result of discrimination. In this case, you should provide your attorney with any relevant evidence to strengthen your case. Your employer will also have to prove that the dismissal was due to business-related reasons.
“In a perfect world, an employer would look out for its employees and put their best interests forward. In reality, businesses want to make as much money as possible and don’t care about the consequences. As a result, wrongful termination cases have been rising around the world in the past decade.” – The Basics of Battling An Employer In A Wrongful Termination Suit
Violations Of Public Policy
Various laws protect employees from dismissal for multiple reasons, such as jury duty, voting, serving in the military, maternity leave, etc. If you have been dismissed on any grounds that violate public policies, you will be able to take on your employer for unfair dismissal. You also cannot be dismissed for refusing to commit an illegal act upon the request of your employer, as this violates public duty as well.
Instances Of Defamation
Defamation refers to your reputation being put in jeopardy due to false accusations and statements. Spreading false facts about anyone is illegal. Therefore, if your employment dismissal is due to being defamed by colleagues or even your employer, you can file a lawsuit.
Various other instances are sure signs you have been unfairly dismissed. However, the best way to determine if you have a case is to consult an employment lawyer to evaluate your case. Be sure to provide your lawyer with as much evidence as possible so that they can compile a strong case for you. What’s more, it is always best to opt for an expert employment lawyer instead of a general lawyer as employment attorneys know all the ins and outs of employment law.