Types of Dismissal
Wrongful Termination
Wrongful termination in violation of public policy is a legal term of art, which refers to a particular type of dismissal. When an employer’s discharge of an employee violates fundamental principles of public policy, the discharged employee may maintain a tort action and recover damages traditionally available in such actions. The elements of a claim for wrongful discharge in violation of public policy are (1) an employer-employee relationship, (2) the employer terminated the plaintiff’s employment, (3) the termination was substantially motivated by a violation of public policy, and (4) the discharge caused the plaintiff harm.
A wrongful dismissal lawyer can help employees in Southern California understand their rights. A wrongful dismissal violates the law and is actionable.
Constructive Dismissal
Constructive dismissal is different from wrongful dismissal in the sense that the employer does not actually fire the employee, but does so constructively by forcing the employee to quit on his or her own. Constructive discharge occurs only when an employer terminates employment by forcing the employee to resign. A constructive discharge is equivalent to a dismissal, although it is accomplished indirectly. Constructive discharge occurs only when the employer coerces the employee’s resignation, either by creating working conditions that are intolerable under an objective standard, or by failing to remedy objectively intolerable working conditions that actually are known to the employer. A constructive discharge is legally regarded as a firing rather than a resignation. Depending on the reason why an employer chooses to constructively terminate an employee, the termination may or may not be lawful. An employee who feels that he or she has been constructively terminated for unlawful reasons should contact wrongful dismissal lawyers for a consultation.
Unjust Dismissal
Unjust dismissals occur when an employer terminates an employee’s contract due to some reasons which are unfair, or unjust. For example, an employer may choose to fire an employee for being 10 minutes late to work even though it wasn’t the employee’s fault for being late, as the entire freeway was shut down due to an accident, and there was nothing that the employee could have done to get out of the traffic jam. While some might think its unfair for the employer to fire the employee under these circumstances, there would be nothing unlawful about it. Employment in California is at will, which means that the employer can terminate the employment relationship at any time for any reason, or even no reason at all.
Contact Akopyan Law Firm A.P.C. to Speak with a Wrongful Dismissal Lawyer
Akopyan Law Firm A.P.C. limits its practice almost exclusively to employment law. We have the experience and knowledge to help employees who have been discriminated against, retaliated against, harassed at work or wrongfully terminated. Contact us today for a complimentary case evaluation and to speak with a wrongful dismissal lawyer. When employees in Southern California need an attorney who will stand up and fight for employee rights they turn to the Akopyan Law Firm A.P.C. for help. Our firm is dedicated to defending and enforcing our clients’ rights. We are committed to securing justice for our clients. Contact us today for a complimentary consultation and to see why employees in Southern California count on us when a wrongful dismissal lawyer is needed.