Many laws have been enacted to protect the rights and welfare of workers from abusive employers and companies. When employees are fired from their work due to prejudice, discrimination, and other unfair reasons, they can file wrongful termination charges against their companies.
According to statistics, the leading employment-related lawsuit in the US often involves wrongful termination. However, there are instances when a worker cannot file claims for wrongful termination. In "employment at will", there is an agreement that an employer can terminate his/her worker without presenting any valid reason and the latter can quit his/her job anytime.
When such agreement do not exist, employees who are terminated from their job due to any reason which is unrelated to their work, by law, can file claims for wrongful termination to get compensation.
Wrongful termination charges are based on these following instances:
• Whistle-blowing – When a person reported or exposed any illegal activity of his/her superior or company and terminated as a retaliatory act. The law protects whistle-blowers from illegal termination.
• Discrimination or prejudice – When individuals are terminated due to reasons unrelated to their work such as their race, age, gender, and religious affiliation.
• Retaliation – when an employee or superior has a rift with another worker, they cannot terminate the person based on their personal feelings.
• Worker’s refusal to commit an illegal act - when employees ask their workers to commit an illegal act and the latter refuse to do so, there is no legal reasons to terminate them. By law, a person cannot lose his/her job by simply doing the righteous thing.
• Harassment – the law protects workers from any form of harassment by employers. This means that a superior or a business owner cannot terminate workers who charge them with a lawsuit. Meanwhile, harassment also involves sexual advances.
In California, even though there is "employment at will", an employer can still be charged on these grounds:
• When employers terminate a worker who reports an illegal activities of the company
• When an employer terminates a worker on the basis of retaliation
• When an employer terminates a worker for refusing to do illegal acts or something which is contradicting to public regulations.
What wrongfully terminated workers can do
• For those who are illegally fired from their work, it is important to look for evidences that will support their claims.
• Have a legal consultation with Los Angeles Wrongful Termination Attorneys who have a background and the proper knowledge to handle such cases. Meanwhile, it is very important to seek legal advice from a lawyer before making a statement or signing any document to make sure that the liable party will give the right amount of compensation.
• Terminated workers can have their claims in out-of-court settlement as long as their lawyers approve on this. Since settlement can save time, defendants and plaintiffs, more often than not, prefer this over court proceedings which may take longer time.