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Understanding what constitutes wrongful termination

Obtaining and maintaining employment is a goal for residents in California and elsewhere. Because of that, when an individual loses their job, this can be a major hardship. While businesses downsize and some employees are reprimanded and lose their job for their conduct in the workplace, not all employees lose their jobs lawfully.

Unfortunately, some employees are wrongfully terminated. Although it might be difficult to discern whether or not you are in fact dealing with this circumstance, if it is found that an employee was unlawfully discharged, this could give rise to a legal action by an employee.

In order to be wrongfully terminated an employee must be fired from their job for an illegal reason. This could involve violations of federal anti-discrimination laws or even a contractual breach. For example, an employee cannot be fired based on their race, gender, ethnic background, disability or religion. It should also be noted that an employee cannot be fired because he or she filed a complaint against an employer or because an employee is a whistleblower.

Because federal and state laws protect certain characteristics of an employee, employees fired for discriminatory reasons are likely to have a cause of action. Additionally, if an employer is retaliating against an employee because he or she stood up for their rights or blew the whistle on an employer for their wrongdoings, this could give rise to a legal action.

If you believe that you were wrongfully terminated from a job, it is important to be fully aware of your situation and what rights are afforded to you. It is possible to hold an employer accountable for their wrongdoings while also collecting compensation for your loses. A wrongful termination claim could be very beneficial for an employee suffering because of an unlawful discharge.

Source: Findlaw.com, "Wrongful Termination," accessed Sept. 6, 2017

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Law Offices of Allan A. Sigel, P.C.

Law Offices of Allan A. Sigel, P.C.
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