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How can I tell if I have a claim for wrongful termination?

Wrongful termination happens if an employer fires someone for illegal reasons. These illegal reasons include violations of state and federal anti-discrimination laws or a violation of a written employment contract. A successful wrongful termination lawsuit could entitle you to the right to recover back pay, statutory damages, and expenses incurred finding new employment.

At-Will Employment

Generally, employees are considered at-will workers. This typically means you can be fired or quit on a whim. However, this does not apply to those who’ve been fired for an illegal reason. It’s unfortunate, but even unethical terminations could still be legal dismissals.

Breach of Contract

When you have a written employment contract that outlines your employment details, it can be wrongful for your employer to violate that agreement with a termination that’s not following your employment contract. If your termination violated the provisions that secured your employment, then you may have the right to a claim.

Contractual Assurances

If an employee can prove that their employer has made assurances and the employee is making promises, then the employer or company may be held liable for those assurances. Speak with a wrongful termination attorney if you feel misled about your employment duration.

Determining Wrongful Termination

Tort law or employment law courts consider many factors when determining whether an implied contract exists, such as:

  • The length of the employment relationship
  • The existence of positive performance reviews
  • Any assurances that an employee would be able to rely on continued employment,
  • How regular job promotions occurred
  • Whether the employer violated an employment procedure in terminating you

Discrimination

Despite the Civil Rights Act of 1964 making discrimination illegal, it still happens. Don’t fret, because an Orange County wrongful termination attorney can help protect your rights.

Federal law doesn’t prohibit discrimination against an employee due to their sexual orientation. However,  other anti-discrimination laws can protect these individuals.

That’s why employment law professionals suggest that you seek professional legal assistance for discrimination lawsuits. These kinds of lawsuits are typically very limited, so individuals making these kinds of claims must know their rights and file their claim within the allotted period.

Retaliation and Whistleblower Provisions

Sometimes employees are terminated for attempting to make claims that favor their employer.

Federal, state, and local laws can prohibit employers from retaliating against employees who pursue a claim against their employers or who cooperate or assist in investigations of legal activity

The Equal Employment Opportunity Commission can handle your official complaint if you feel your employment is in jeopardy of retaliation. When employers act adversely due to their employees exercising their legal rights, this is a red flag. Not all states require that you actually be fired, and if you are subjected to such unreasonable conditions that caused you to quit your job, you still may be able to secure a claim.

Employment Law Violations

There are instances of leave that allow employees to take time off. Your employer cannot fire you or discriminate against you for doing this according to the law. A worker may have a claim against their employer if the employer violated employment rules that were part of a union contract.

Suing For Wrongful Termination

Before you’re eligible to sue for wrongful termination, you and your legal representatives must demonstrate that you were fired illegally. If your termination was due to discrimination against an employee based on their age, sex, race, national origin, or disability, you have favorable terms for a lawsuit.

Signs You’ve Been Wrongfully Terminated.

Certain telltale clues or red flags can highlight if you’ve experienced a wrongful termination. If you answer yes to the following questions, then you should consider speaking with an employment law specialist for a free consultation today:

  • Are you or have you been a whistleblower?
  • Did your dismissal violate your employment contract?
  • Did your employer give you an illegitimate reason for your termination?
  • Did your employer fail to follow its progressive discipline policy?
  • Did your employer fire you after you complained about unfair treatment?
  • Has your employer recently subjected you to disciplinary action or negative performance reviews, despite good marks and promotions in the past?
  • Were you fired for something that others have done without being terminated?

Seek Legal Assistance Before Quitting

If you are thinking of quitting your job because you feel that you’ll be terminated or working in a toxic environment, please consider speaking with a wrongful discharge attorney first. Leaving your employment without following the right procedures could damage your right to future claims.

Your wrongful termination attorney can use their knowledge of which questions to ask to reveal the illegal basis for your firing. It’s important to work with an attorney that invites you to tell your story in a free consultation. Make sure you screen your future employment law professional for a focus on wrongful terminations and knowledge of the local, state, and federal laws regarding your claim.

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