Understanding the nuances and differences between wrongful discharge claims and employment contracts claims is crucial for employees in Southern California. Since both issues may arise in the course of an employee’s relationship with his or her employer, it is important to understand the differences between the two, and recognize the distinct and unique role that each of them plays. A wrongful discharge attorney or an employment attorney can help employees and employers understand the legal implications of statutory or contractual terms.
Impact of Contract Clauses on Wrongful Termination Cases
Employment contracts often contain specific clauses that can significantly influence wrongful termination claims. For instance, employers might include arbitration agreements, dictating where and how claims can be prosecuted. Additionally, waivers within contracts may limit an employee’s rights, complicating wrongful discharge cases. It is vital to be aware of these clauses and understand their legal ramifications. A wrongful firing attorney helps employees understand these clauses and if any employee rights have been violated.
Understanding Wrongful Discharge in Southern California
What is Wrongful Termination?
Wrongful discharge, also known as wrongful termination, occurs when an employee is terminated for reasons that violate the fundamental public policy of the state. In Southern California, this can include discrimination, retaliation, or harassment. Thus the critical difference between contractual-based claims and claims for wrongful termination and violation of public policy is the source of the law which provides the basis for the claim. Whereas the contract is something that the employer and the employee agreed to on their own, claims for wrongful termination are based on California’s public policy as laid out in its laws.
Employment Contracts and Their Effects
Unlike wrongful termination claims, claims for breach of an employment agreement are not based in the law of the state, but rather the express agreement between the parties. In other words the underlying source of a contract based claim is the contract. Although the two claims are distinct come out there can be overlapped between employment contracts and wrongful termination. Employment contracts can alter the landscape of wrongful discharge cases. They may include terms that expand or limit an employee’s rights. For example, one of the ways in which a contract may potentially expand an employee’s rights, is by creating a basis to seek attorneys fees on top any damages that the employee may have suffered. A common law claim for wrongful termination in violation of public policy does not provide a basis to seek attorneys fees. However, if there is a contract that awards fees to the winner of any dispute between the employer and employee, then a wrongful termination claimant may be able to seek and recover fees. Similarly, a contract may potentially limit an employee seeking to pursue a claim for wrongful termination. As noted above it might limit the choices that the employee has in determining the forum to prosecute the claim. Arbitration agreements oftentimes include a waiver of the right to trial by jury. If an employment contract contains an arbitration provision then the employee may not have a choice about where to pursue a claim. Understanding these provisions is critical for anyone facing wrongful termination, as they dictate the legal avenues available for recourse.
Seeking Legal Guidance in Southern California
Vigilance in Reviewing Contract Terms
Employees should be vigilant in reviewing the terms of their employment contracts to safeguard against wrongful termination. Recognizing potentially restrictive clauses and understanding their implications can prevent future disputes.
Importance of Legal Advice
Consulting with an illegal termination lawyer is crucial to navigate the complexities of employment contracts. Wrongful termination attorneys provide invaluable insights, ensuring that your rights are protected and that you understand all aspects of your contract.
For legal guidance on contractual matters related to wrongful discharge, contact Akopyan Law Firm, A.P.C. Our experienced attorneys will help you review and understand your employment contract, providing the support needed to address wrongful termination issues effectively.
Contact Akopyan Law Firm, A.P.C. when you need a wrongful discharge attorney serving Los Angeles, Orange, Riverside, San Bernardino, Bakersfield, and Ventura. Please see our website and our case results to see what we have achieved for clients in Southern California. We offer a complimentary case evaluation, so do not hesitate to contact us.