At the on set, an employment issue may be easy to handle and resolve. As the process goes on, you will come to a realization that you cannot do it by yourself especially when the issue involves termination.
If you have been wrongfully terminated, it will be an unwise idea to deal with your employer alone and agree on something without any legal aid.
Remember that your employer has on its side expert termination attorneys who will make everything possible to defeat your claim or give you less. At this stage, you need a termination laws attorney.
Laws on wrongful termination vary on every state. The appreciation of the facts and circumstances of each case also differ. Like the laws of California on wrongful termination is different from that of New York or Alaska.
Wrongful Termination under California Law
Wrongful termination means at its broadest, as any illegal termination under state or federal law. In its narrowest use, it means that which violates California’s "public policy". It also means that which courts have ruled as based on illegal grounds.
The California courts have expanded the above definition to include termination that is caused by:
1. refusal to do something illegal;
2. doing something which the California or federal law gives you the right to do;
3. complaints on work related matters;
4. complaints to a third party about your employer;
5. reasons that just do not "feel" right; or
6. reasons used to "cover up" another reason
In California, wrongful termination is often difficult to prove. Unless and until an employee is hired pursuant to a union contract or an individual employment contract, the employer-employee relationship is considered to be "at will."
However, the "at will" relationship can be modified either verbally or through custom or practice.
These modifications can be made through assurances for continued employment made by employer. It can also be modified if the company did not follow its policy on progressive discipline contained in the employment handbook. Their existence means that the employment relationship has been modified so that an employer could be required to establish "good cause" prior to terminating an employee.
As the individual facts and circumstances are considered in a termination claims, it is important that the employee keep copies of any appointing letters, employee handbooks or manuals and performance review so that the assessing attorney can better evaluate the facts surrounding your case.
Two Branches of Wrongful Termination Law
1. Wrongful termination in violation of public policy
This aspect of law provides the terminated individual with a cause of action against the employer based on strong public policy. Examples of this include:
• Anti-discrimination laws
• Whistle-blower protection laws
• Miscellaneous laws
The first two categories are self-explanatory. On the other hand, miscellaneous laws include, but not limited to, the following:
• California Family Rights Act which provides time off for serious health condition of the employee or a family member
• Pregnancy Discrimination Act which provides for time off for childbirth, and
• Other Labor Code sections that provide for time off for jury duty, for breast-feeding infants, for parents to visit their children’s schools.
2. Wrongful termination for "breach of implied contract"
The "at will" employee, in using this ground, must prove several factors such as employer’s consistent practice of progressive discipline and termination only "for cause"; length of employment; history of steady promotions and raises and employer’s violation of its own internal rules and procedures.
In terminating employees, employers in California must observe the substantial as well as procedural aspects of the law. Otherwise, it will result to wrongful termination.
Our California attorneys are reliable in providing expert advice and representation for those employees who experience wrongful termination. For more information, do log on to our website and seek the assistance of our legal staff.
By Mesriani Law Group
Article source:http://www.buzzle.com
If you have been wrongfully terminated, it will be an unwise idea to deal with your employer alone and agree on something without any legal aid.
Remember that your employer has on its side expert termination attorneys who will make everything possible to defeat your claim or give you less. At this stage, you need a termination laws attorney.
Laws on wrongful termination vary on every state. The appreciation of the facts and circumstances of each case also differ. Like the laws of California on wrongful termination is different from that of New York or Alaska.
Wrongful Termination under California Law
Wrongful termination means at its broadest, as any illegal termination under state or federal law. In its narrowest use, it means that which violates California’s "public policy". It also means that which courts have ruled as based on illegal grounds.
The California courts have expanded the above definition to include termination that is caused by:
1. refusal to do something illegal;
2. doing something which the California or federal law gives you the right to do;
3. complaints on work related matters;
4. complaints to a third party about your employer;
5. reasons that just do not "feel" right; or
6. reasons used to "cover up" another reason
In California, wrongful termination is often difficult to prove. Unless and until an employee is hired pursuant to a union contract or an individual employment contract, the employer-employee relationship is considered to be "at will."
However, the "at will" relationship can be modified either verbally or through custom or practice.
These modifications can be made through assurances for continued employment made by employer. It can also be modified if the company did not follow its policy on progressive discipline contained in the employment handbook. Their existence means that the employment relationship has been modified so that an employer could be required to establish "good cause" prior to terminating an employee.
As the individual facts and circumstances are considered in a termination claims, it is important that the employee keep copies of any appointing letters, employee handbooks or manuals and performance review so that the assessing attorney can better evaluate the facts surrounding your case.
Two Branches of Wrongful Termination Law
1. Wrongful termination in violation of public policy
This aspect of law provides the terminated individual with a cause of action against the employer based on strong public policy. Examples of this include:
• Anti-discrimination laws
• Whistle-blower protection laws
• Miscellaneous laws
The first two categories are self-explanatory. On the other hand, miscellaneous laws include, but not limited to, the following:
• California Family Rights Act which provides time off for serious health condition of the employee or a family member
• Pregnancy Discrimination Act which provides for time off for childbirth, and
• Other Labor Code sections that provide for time off for jury duty, for breast-feeding infants, for parents to visit their children’s schools.
2. Wrongful termination for "breach of implied contract"
The "at will" employee, in using this ground, must prove several factors such as employer’s consistent practice of progressive discipline and termination only "for cause"; length of employment; history of steady promotions and raises and employer’s violation of its own internal rules and procedures.
In terminating employees, employers in California must observe the substantial as well as procedural aspects of the law. Otherwise, it will result to wrongful termination.
Our California attorneys are reliable in providing expert advice and representation for those employees who experience wrongful termination. For more information, do log on to our website and seek the assistance of our legal staff.
By Mesriani Law Group
Article source:http://www.buzzle.com
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