Employees get fired all the time and for all sorts of reasons. Sometimes, such as in the case of a downsizing company, an employer might even be firing people against his liking. Employees are protected though, by state and federal employment laws so that they’re guarded from being fired for illegitimate reasons. The line between wrongful termination and a justified dismissal can often be a blurry one.
There are many scenarios in which a worker may feel like they have been unjustly fired from their position; however it’s often difficult to prove your case. Filing a wrongful termination suit requires very solid proof as well as a competent wrongful termination lawyer. Lacking either of these could seriously hurt your chances of a successful case. While it might not be easy to win a wrongful termination case, that shouldn’t stop you from trying if you sincerely believe you’ve been a victim of it. The most important things to know are the potential reasons for even filing suit.
One of the most blatant signs of wrongful termination is a display of discrimination. It doesn’t matter if the discrimination is based upon gender, race, religion, or disability, being fired upon the basis of discrimination is grounds for a wrongful termination suit. To this end, even if your employer isn’t discriminatory directly against you, you are well within your rights to complain about any sexual harassment or discrimination that occurs within the workplace. If you’re fired for complaining about discrimination, even if it isn’t against you, you have a case for wrongful termination.
You might also be justified if your employer is shown to be firing you in violation of the terms of your contract or company policy. If your contract specifies the terms under which you can be fired, the employer must abide by it. Similarly, the policies of your company, such as receiving warnings before dismissal, must also be heeded. The employer is obligated to treat you and all other employees equally and within the guidelines of company policy.
Finally, and very importantly, is the issue of being fired in retaliation. What this means is that it isn’t legal for your boss to fire you as a method of getting back at you. If you happen to report your employer for violating certain laws, they are not within their rights to terminate you. Similarly, if your boss requests you to perform illegal or dangerous acts, you are well within your rights to refuse without fear of termination.
Fighting a wrongful termination suit can be hard. On average, companies spend over $100,000 in court to defend themselves. That’s exactly why you need to be sure to collect any possible evidence and employ a competent wrongful termination lawyer. If you live in Orange County and need to enlist a wrongful termination lawyer in Santa Ana or any surrounding areas, contact Diefer Law Firm. Diefer law firm employs a well-trained team of individuals that can cater to your case. If you’re looking for wrongful termination lawyer in Santa Ana, don’t hesitate. Call Diefer today.