Fired At Will? Know If Your Termination is Wrongful

Article Written By: georgefuller

California is one of the states in the US that adheres to the at-will system of employment. When you go to Los Angeles or in some city in California to work, expect that when you do something wrong, you ll be terminated at will”. At-will employment refers to the employer having the free hand to terminate an employee for either a good or bad cause, or for no cause at all; as long as the cause is in a legal sense.

Employers in every state but Montana are free to assume the policies of an at-will employment system. However, there are many employees who are complaining about how their terminations have been made through illegal implications. The law may presume that employees are employed at will through written documents or oral statements, but that does not mean they cannot exercise their rights for trying to file claims against their employers for wrongful termination.

There are many instances wherein your employer s termination could be an illegal one. One way to look at it is through written promises. If, after hiring, you have been promised by your employer job security or continued employment through a written contract, then you are not an at-will employee. Therefore, if you are fired in an at will manner, you have a strong case of putting your employer under fire in court.

If the employer breached his duty of good faith and fair dealing with you, then you can sue him for doing so. Examples of such are the following:

• Firing employees so as to forbid them to collect their sales commissions

• Misinform employees about getting promotions and/or salary increases

• Firing someone and providing an alibi for it; when in fact the real reason is to replace him with someone willing to work for lower pay

If you have been fired by your employer for being a citizen of the United States, the employer is obviously violating public policy. Depending on the federal and state laws, an employer must not fire an employee for serving on a jury, for taking time off to vote, for serving in the US Armed Forces or National Guard, or for whistle-blowing. Anything that you do that is a legal right of a US citizen should not be grounds for your employer to fire you.

He can be sued if you see that the basis for you getting fired is because of your race, color, gender, age, etc. Discrimination is forbidden in any working environment. As such, you are protected by the state and federal employment laws against any acts related to discrimination. When you experience such, you must seek a lawyer as soon as possible.

If, by any chance, your employer finds out that you ve filed a lawsuit against him for an illegal act (e.g. discrimination, sexual harassment) that led you to be fired at will, you may have a strong case for wrongful termination. In this case, you can hire a California wrongful termination lawyer when you experience retaliation or any of the above mentioned instances.

About the Author

Jon - California wrongful termination lawyer and Los Angeles discrimination attorney

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