Let’s face it. No one likes getting fired from their job. Being fired, terminated, or let go from a job can be devastating, especially when that job is the person’s main source of income. People who get fired are invariably hurt, and often look for answers. However, even though every employee can feel wronged by the termination, from a legal standpoint it may not always actionable wrongful termination. In fact the best wrongful termination lawyers will tell you that termination that feels wrongful may not always be unlawful. Here are five things that employees sometimes get wrong about wrongful termination.
Not Every Termination That Feels Wrong Is Illegal
It is important to start with a caveat. Wrongful termination law is not one-size-fits-all. Every situation must be analyzed, and due consideration must be given to the unique set of facts that each case presents.
Even though every employment termination can feel wrong and unfair, not every such termination violates the law. Employees who feel they were wrongfully fired should consult wrongful termination lawyers in their area instead of relying on generalities. The best wrongful termination lawyers will want to have a clear picture of all the facts and to review all the pertinent documents before deciding the best way to move forward.
The Law Can Be Different in Different Jurisdictions
It is important that there can be significant differences between the law of one state and another. The best wrongful termination lawyer for a particular case will often be one that is from the same jurisdiction as where the case arose. Intimate knowledge of the local, state, and federal laws applicable to a particular situation is extremely important.
The Availability of Wrongful Termination Claims Furthers and Protects Public Policy
The California Supreme Court has explained that “while an at-will employee may be terminated for no reason, or for an arbitrary or irrational reason, there can be no right to terminate for an unlawful reason or a purpose that contravenes fundamental public policy.” Thus, the essence of a “termination” that is “wrongful” in legal sense is a violation of public policy. There are several elements that need to be met, and the best way to determine if the facts of a particular situation qualify is with the help of the best wrongful termination lawyer.
In California Wrongful Termination Claims Can Be Based on A Constructive Discharge
Logic dictates that a termination must precede a wrongful termination claim, and while in most cases that is exactly what happens, there are some situations where a wrongful termination can be brought even when the person who terminates the employment relationship is the employee. Constructive discharge occurs when an employer engages in conduct that effectively forces the employee to resign or retire. The best way to determine whether particular situation qualifies as a constructive discharge is to call the best wrongful termination lawyer you can find.
The Importance of Gathering Evidence
Every employee who is contemplating a wrongful termination claim would do well to keep, organize, and maintain all the documents that may be used to prove that the termination was wrongful. Things like contracts, letters, paystubs, and other paperwork that pertains to the employment will help your lawyer evaluate and/or prove your case. The best wrongful termination lawyers will tell you that each case stands or falls on its own facts.
Nothing That Is Worth Doing Is Ever Easy
One common mistake that some employees sometimes make is thinking that their employer will settle for big bucks without a fight. While that does sometimes happen, it is certainly the exception and not the rule. The best wrongful termination lawyer will give you a realistic assessment of the case, and a realistic timeline within which the anticipated result will likely be achieved.
Akopyan Law Firm APC’s lawyers are available to consult with employees who feel they have been wrongfully terminated in Los Angeles, Glendale, Orange, Riverside, and San Bernardino. For more information, click here.