Let us say you have just been fired from your job. But, are you sure that the termination was legal? Or, is it a wrongful termination where an illegal and sketchy reason was at play? If you talked to the best employment attorney Los Angeles, they would tell you that a lot of employment today is at the “at will” basis.
This means that an employee can be terminated for whatever reason it may be at any given time. But, this can only legally happen if the reason is deemed legal. However, there are many exceptions that can provide you with an opportunity to stay at your job and file a counter lawsuit for the wrongful termination.
If you signed a contract, a written one, that states a promise of job security, this is a very clear and strong case that you really are not categorized as an employee at will. For example, if the contract says that you can only be terminated when you commit the violations and the reasons that are stipulated in the same contract, then you are not an at-will employee.
When you have these documents, you can use this to your advantage when you are in court. Convene with your attorney so you can think of the best way to use this to your advantage.
Unlike written promises, this is a bit harder to backup. However, they can be equally as strong as written contracts when their existence is proved. An implied contract is an agreement that is more verbal. So, unless you had a recording of the actual promise being said, this evidence will not be as strong.
There are, however, factors that the court looks into to decide whether or not an implied promise exists. They are:
- The duration of the employment
- The regular frequency of your job promotions
- Your history of good performance reviews
- An assurance of continued employment
Breach of Good Faith
If you found out that your employer has acted in an unfair way, you can file a claim for a breach of good faith and fair dealing. The court can rule that an employer breached their duty of good faith by:
- Transferring or firing employees so they do not collect their sales commissions
- Misleading the employees about their wage increases and promotions
- Engineering false reasons for terminating an employee when the true reason is to replace the employee for someone that can work for a lower wage
- Repeatedly assigning an employee to hazardous, remote, or undesirable conditions so that the employee will be forced to quit without getting their severance pay
Every employer cannot fire an employee, even if they are at will, for reasons of discrimination. If the employer decided to terminate you because of your gender, race, religion, national origin, age, or disability, you should be seeking legal advice immediately.
However, you should keep in mind that there are tight time limits and strict rules for discrimination claims. For example, a discrimination complaint can only be filed with a federal or state agency before any lawsuit is filed for the employer. Talk with the best employment attorney Los Angeles so you can get this right.