Los Angeles Wrongful Termination Lawyer

Wrongful Termination

Wrongful termination is a legal phrase that describes generally a situation in which an employee has been terminated in violation of public policy or a contract between the employee and the employer. It is important to note that the absence of a formal employment contract does not preclude an individual from filing a wrongful termination suit.

Wrongful termination claims often stem from an employee being fired due to some form of discrimination. The discrimination claims are often of either gender based discrimination, racial discrimination, or age discrimination. If a former employee can prove that he/she is fired due to one of these forms of discrimination, or another form of discrimination, it is easier to prove that a wrongful termination claim is true. A wrongful termination case can not be based on being fired for an unresolved personality conflict.

In most states, employment is "at will". This means that employment is assumed to be indefinite and voluntary. As a result of this, employers have the right to fire their employees while at the same time; an employee has the right to quit.

There are not any federal "wrongful termination" laws. Instead, wrongful termination is a claim that accompanies various other charges that are defined by federal laws. For example, if an employee is fired because that person is 45 and the company wants to hire a new person that is 22, this violates age discrimination laws. Wrongful termination can also be claimed if an employer violated public policy or constitutional provisions when firing an employee; wrongful termination does not have to be tied to specific congressional acts.

If a person believes that he/she has been wrongfully discharged from his/her place of employment, the laws of the country allow victims of employer violations to file their suits with the relevant federal agency. This could be the United States Equal Employment Opportunity Commission. If there is not a relevant federal agency or act, private lawsuits are likely a person's best option.

This area of employment law is made even more complicated due to various at will doctrines that are accepted in the United States. It is important to consult with an experienced employment lawyer such as Perry Smith to determine how strong your case actually is.