Under Wrongful termination law there are several instances in which a worker could well believe that they have suffered wrongful termination from their employment, when in the cold light of day, their employer has done nothing illegal. This is especially true in many states that adopt the 'at will ' employment law (of which California is one). In essence, it implies that an employer can fire an individual 'at will ' with no need to give a reason, or in numerous cases, give notice.
This is down to the incontrovertible fact that the employee is not covered under a written, oral or implied contract. Although this law does appear a little oppressive for workers working under its umbrella, a worker does have some rights.
With this in mind...how do you know if you have grounds for a wrongful termination case?
Here are some pointers...
Discrimination
Under wrongful termination law, companies aren't allowed to cancel the employing of any worker because of their age, sexual preference, sex, incapacity, color, ethnic grouping or religion. People who fall into these categories are categorized as 'protective groups'. Fundamentally this suggests that anyone who works inside an organization who is not of the 'norm ' (whatever that could be) can be specified as a protecting group.
For instance, let's say that a company has a huge workforce of girls past the age of forty, inside that same organisation, they also happen to employ a few men aged around 20-30. These men, because they are in a minority and outside of the standard parameters of the company, are categorized as a protected group. If you believe that you have had your work cancelled because of the fact that you are in a protected group, then you may have a case for wrongful discharge.
Retaliation
In some instances, especially thru whistleblowing activities, some bosses will end the employing of an individual under a fake pretence, when obviously it might be categorized as retaliatory behaviour and as such an employer might be held in breach of the law. Other instances of retaliation might be when an employer asks the victim to do something illegal, or to cover up some wrongdoing and they refuse.
Or otherwise, it might be sexual in nature when the employee refuses the advances of their superior. No matter what the reason, any sort of retaliation is seen as an illegal practice, and a talented discrimination attorney on behalf of their client can look to wrongful termination law for recompense.
This is down to the incontrovertible fact that the employee is not covered under a written, oral or implied contract. Although this law does appear a little oppressive for workers working under its umbrella, a worker does have some rights.
With this in mind...how do you know if you have grounds for a wrongful termination case?
Here are some pointers...
Discrimination
Under wrongful termination law, companies aren't allowed to cancel the employing of any worker because of their age, sexual preference, sex, incapacity, color, ethnic grouping or religion. People who fall into these categories are categorized as 'protective groups'. Fundamentally this suggests that anyone who works inside an organization who is not of the 'norm ' (whatever that could be) can be specified as a protecting group.
For instance, let's say that a company has a huge workforce of girls past the age of forty, inside that same organisation, they also happen to employ a few men aged around 20-30. These men, because they are in a minority and outside of the standard parameters of the company, are categorized as a protected group. If you believe that you have had your work cancelled because of the fact that you are in a protected group, then you may have a case for wrongful discharge.
Retaliation
In some instances, especially thru whistleblowing activities, some bosses will end the employing of an individual under a fake pretence, when obviously it might be categorized as retaliatory behaviour and as such an employer might be held in breach of the law. Other instances of retaliation might be when an employer asks the victim to do something illegal, or to cover up some wrongdoing and they refuse.
Or otherwise, it might be sexual in nature when the employee refuses the advances of their superior. No matter what the reason, any sort of retaliation is seen as an illegal practice, and a talented discrimination attorney on behalf of their client can look to wrongful termination law for recompense.
About the Author:
Are you being fired with no good reasons? If you're a victim of wrongful termination consult a wrongful termination attorney Los Angeles now. Read on the article of Vristalle Rosenstengel to know more.
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