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What is wrongful termination?
A wrongful termination occurs when an employer terminates an employee for illegal reasons which can include discrimination, retaliation or failure of the employer to live up to an employment contract agreement.
Also known as a wrongful dismissal, a wrongful termination occurs more often than people may think. To make matters worse, many employees don’t realize that they have certain protections by law and so they are left feeling alone, powerless and without a job.
If you need a lawyer for wrongful termination in Orange County call (888) 558-5998 to speak to one of our expert employment attorneys.
Keep reading to know more about wrongful termination in the workplace and what your options are.
Types of wrongful termination
Getting fired due to your race, nationality, color, age, pregnancy or anything other than your actual job performance is considered discrimination and is grounds for filing a wrongful termination claim against the employer.
For a termination to be legal, job performance has to be a factor. However, these cases have strict time limitations, so the sooner you take legal action, the better your chances are to succeed in defending your rights.
Employment Agreement/Contract Violation
Some employers will hire employees under a signed individual contract agreement that specifies conditions for termination, salary amount, or any other condition. Once signed, both the employee and employer are legally obligated to live up to their signed contract agreement.
Should the employer break, or “breach”, any of the conditions of the contract, the employee may be entitled to damages and should seek out the services of a professional attorney.
Employers who terminate an employee for whistle blowing, assisting in an investigation related to the employer or even filing a sexual harassment complaint, are liable to a wrongful termination claim for retaliation against the employee.
Federal and state laws protect employees against such unlawful actions and encourage affected employees to seek an employment attorney
You employer cannot terminate your employment if:
You have become pregnant
Wrongful termination due to pregnancy discrimination can be one of the most emotional and terrifying experiences that a mother-to-be can endure. Fortunately, there are laws that protect women that are unable to fulfill their duties due to their pregnancy, childbirth or related conditions.
Pregnancy is a temporary condition and women are entitled to the same treatment as other temporarily disabled employees.
You have been injured at work
When an employee is injured while on-the-job, some unscrupulous employers have been known to pressure employees to “voluntarily” quit. There are many reasons for this (none of them good or legal), but this is usually done so the employer can avoid having to provide unemployment benefits and also avoid a wrongful termination claim.
Making an employee’s work life so difficult and miserable that they are forced quit, is not a voluntary action by the employee. It is unlawful and unethical and victims should seek out the professional help from a lawyer who can take steps to protect their rights and livelihood.
The first step that any wrongfully terminated employee should take is to know their rights. Employment lawyers can offer affected employees with excellent professional guidance so you don’t have to worry about dealing with complicated and ever-changing laws.
In addition, they have a vast network of professionals in a variety of fields that can be accessed to help your case.