When you are working 9 to 5 and earning a living, the last thing you want is to be terminated from your position. A fair dismissal makes sense; it is something a worker can come to terms with since we all learn that actions have consequences from a very young age. However, when you are terminated from your employment position in a manner that may be deemed as unfair – especially if it is brutal, unjust, or unreasonable, or not due to an honest redundancy, you may be entitled to some sort of compensation.
Keep in mind that wrongful termination is any type of firing done in violation of federal, state, or local laws but sometimes there is just cause for termination. So, if you have encountered circumstances of being dismissed from employment for, what you believe to be unjust, then the first step you need to take is to get in touch with the best Los Angeles wrongful termination lawyer to get the best outcome.
Grounds for Wrongful Termination
Prior to filing for a wrongful termination suit, make sure you understand the grounds of the law:
The Equal Employment Opportunity Commission (EEOC) enforces federal laws that protect employees from being terminated or otherwise discriminated against. The grounds of discrimination include age, disability, gender, genetic information, national origin, race, religion, sexuality, or sex.
Harassment in the Workplace
Similarly, employment laws forbid harassment based on age, race, gender, sexuality, and other categories.
Employers are not allowed to dismiss or punish employees for participating in protected practices such as reporting illegal conduct. Also, this includes participating in any type of government investigation.
5 Questions to Ask Before Suing for Wrongful Termination
Here are the top five questions that you need to think about. You should prepare these answers so you can provide them to your lawyer if you are considering suing your ex-employer for wrongful termination:
- Am I Eligible to Bring a Claim?
Your eligibility to bring a claim depends entirely on your total income as well as the timespan of employment that will be counted to the date the termination was in motion. Furthermore, if your employer belongs to the small business employer community, the rules may vary slightly and may even affect your eligibility to bring a claim.
- Did I Receive a Warning Prior to Job Termination?
Employers usually argue that they warned the employee prior to termination. If you were given a warning, how did it happen, and was it made clear to you what you needed to do to keep your job, and when?
- Am I Within Time to Bring a Claim?
You have 21 days to file for wrongful termination from the date you were terminated. If you fail to make a claim within the required period, your case will not be eligible.
- Was I Offered Procedural Fairness?
The Commission will investigate whether or not you were informed of the reason for termination. Also, whether or not they had a chance to react to any reason. And any other factor that is relevant to the termination.
- What Loss Have I Suffered?
If you have a basis to bring a claim, you need to recount what losses you suffered, too. When the Commission determines the appropriate reward of damages in a successful wrongful termination claim, they will investigate whether you sustained any loss. Ultimately, if you managed to get another job with the same or better pay right away, then your loss is nil. As a result, there is no advantage of bringing a claim.