Unlawful termination occurs when your employer fires you without providing proper justification. Reasons can be anything from company downsizing to personal glitches and the worst-case scenario, discrimination. One of the most prevalent sorts of job disputes is wrongful termination. Thousands of employees are exposed to wrongful termination every year, yet they are utterly uninformed of their legal options. Before filing a lawsuit or suing your employer, determine whether or not your departure was lawful with the help of wrongful termination attorney Los Angeles.
Why all terminations aren't wrongful
- The majority of employees in Los Angeles are hired voluntarily, which implies that their employers can terminate with or without notice or justification, as long as the cause isn't discriminatory.
- It is permissible for your employer to terminate you without notice unless your recruitment contract specifies a notice period.
- Many businesses will establish a standard termination procedure that includes a performance plan to avoid legal wrangling and to maintain a high level of employee morale.
As per federal and state law, employers are prohibited from discriminating in recruiting, terminations, and upgrading on the grounds of gender, race, religion, origin, physical conditions or looks, age, and information on genetics.
If workers are witnessing violence or harassment at work, dismissed for being revolutionary, or forced to resign or work in a toxic work environment, they can sue or file a case with the equal employment opportunity commission(EEOC). Unless you intend to bring a lawsuit under the EPA, you must first submit a charge with the Equal Employment Opportunity Commission (EEOC). In that scenario, you can sue without first getting an EEOC notification of your right to sue.
Consideration before filing a lawsuit
1. If the termination's reason is discrimination: If this is the case, you will almost certainly need to file a charge of discrimination with the EEOC before initiating a lawsuit against your former employer. Again, the exemption is a breach of the Equal Pay Act, in which case you are not needed to submit a charge as long as your lawsuit is filed within two years of the pay discrimination.
Please remember that you only have six months from the date of the occurrence to make a report. However, local regulations may allow you to extend this period to almost a year.
2. What is your legal aim (and is it attainable?)
Do you want money, a change in conduct, or just the knowledge that they won't get away with it? Before you become involved in a lengthy legal procedure, it's critical to understand your objectives. Early on, consult with an employment attorney to see whether your objectives are realistic.
3. Are you willing to devote time and resources to your case?
Suing is costly unless you can hire a wrongful termination attorney to handle your case. Taking a case to trial might cost thousands of dollars. In addition, most businesses have in-house attorneys waiting to drag you down with restrictions and delays.
How to deal with being fired
Whether you decide to sue for wrongful termination or not, you'll need a strategy for getting back on your feet after being dismissed. That involves understanding your rights and duties as a (former) employee, such as when and where to pick up your final amount, if you're entitled to pay for vacations and sick time, what will happen with your health care coverage, retirement plan, and any stock options, and more. You can seek the help of HR.
In the future, prepare for job interviews by practicing addressing questions regarding the termination and gathering recommendations from contacts. Some organizations only confirm job titles and dates of employment.
An unlawful firing is not a setback in a career; rather you can utilize this opportunity to fight back the employer with the help of a wrongful termination attorney in Los Angeles. All terminations are not unlawful but that does not mean that all discrimination would be tolerated. Analyzing your legal requirements and resources is important to decide whether to sue your employer or not. Also, make sure you fulfill work duties and ask for rights of dismissal for positive future recommendations.