Have you recently been terminated from your job? Do you think that your termination was illegal? If yes, then you are the victim of wrongful termination and you have all the right to fight for your rights. In California state, an employee signs for an at-will job contract in which you can quit at anytime, and also your employer can fire you at anytime without stating any reasons. But in case of wrongful termination, if you have been terminated because of reason like discrimination at workplace or wage disputes then you have all the right to seek the best wrongful termination lawyer to protect your rights.
If you are planning to file a case of wrongful termination against your former employee then you must understand the nature of such claims, its limitations, and what all it needs. According to California law, when an employer fires an employee violating the fundamental principles, the employee can take a tort action and claim for the damages.
Before you take action for your wrongful termination, understand your legal rights here:
Written contract
If you have signed a contract while taking the job that states, you the job security then you have strong point for argument. Your employer cannot just fire you without stating the reason which needs to be strong, legal, and valid. If your contract says that you will be fired only for the wrongdoings and poor performance and you do not see that reason for your termination then you have a valid point for negotiation as your employer cannot fire you on illegal grounds.
Breach of good faith and fair dealing
There are situations when your employer makes the breach of good faith and fair dealings for instance misleading employees regarding wages and promotions, transferring employees in order to keep them away from sales commissions, giving below-average assignments to a competitive employee to name a few. In such cases where the employer is breaching good faith and fair dealing, the employee has all the right to file a claim.
Discrimination
This is really common at all in the workplace but being an employee, you must understand when such things happen with you. If your employer terminates you on the basis of your caste, creed, sex, race, nationality, age, pregnancy, or religion, then in no time you should talk to the best wrongful termination lawyer. First things first, you must file a discrimination complaint with the federal or state agency before suing your employer.
Fraudulent actions
Many times, the termination of the employee leads to fraudulent actions by making a false representation of the employee or by deceiving them or sometimes even by harming them. Being an employee, you should not tolerate this kind of behavior and wrongdoings of your employer. It is difficult to prove the fraud that has been made by your employer. But a best wrongful termination lawyer with experience knows how to document perfectly in order to showcase the means of false representation.
Defamation lawsuit
Albeit you are working for someone else, but that person has no right to defame you in any case. If your employer makes an inappropriate statement against you or disturbs your peace of mind by spreading wrong things about your character, then you have all the right to file a defamation lawsuit against the employer. And to prove the defamation as the part of your wrongful termination you must show how your former employer made statements of hatred against you.
Public policy breach
If you have been fired by violating the public policy by your employer, then it becomes a solid ground for wrongful termination. So, if your employer has refused to pay your share of commission or refused to give you your vacation pay then they have stopped you from exercising your legal right. Make sure that you discuss every such incident with your lawyer so that it becomes easy to document everything.
Therefore, if you have been in any of the situations that have violated your legal rights as an employee then you must immediately seek the advice of the best wrongful termination lawyers in order to settle the claims that you deserve.