An Overview of Wrongful Termination from Employment in California
Posted: Apr 22, 2017
When an organization unjustly or wrongfully terminates services of an employee, it is believed that the employee has a claim for wrongful termination against the employer. However, in Los Angeles, it is a wrong notion. In California, laws concerning wrongful termination follow the employment doctrine of "at will". The doctrine says an employer may freely terminate an employee despite not having just cause to do so and without warning in the absence of an employment contract. The same doctrine also allows employees to quit their jobs without any reason or prior notice or warning.
However, there are multiple numbers of exceptions to this doctrine. If the employee able to bring his/her wrongful termination cases within the above-mentioned exceptions then the employee may have a valid lawsuit against the employer. Therefore what are the things that you need to do if you terminated wrongfully or unlawfully? Going to court? There are many wrongful discharge lawyers in California who are ideal to help you to get rid-off such situations.
If you believe you may be the victim of a wrongful termination, contact a wrongful termination lawyer Los Angeles at our law firm today to set up a free consultation. We have helped many employees in California in gaining legal resolutions for wrongful discharges. Sometimes, a wrongful termination can be traced back to other employment law violations that include discrimination at workplaces, retaliation in whistleblowing cases or other. We have a team of employment attorneys for wrongful termination who looks at every possible angle to determine if other workplace rights were violated to gain the best outcome possible. And most importantly, helps you to file a wrongful termination lawsuit.
Wrongful Termination Damages and Settlements
The first step towards making a claim against an employer for wrongful termination is to send your former employer a notice from your wrongful termination lawyer. A letter from your employment attorney may be all it takes for your former employer to settle out of court. Once the settlement is done, the wrongful termination case ends here.
There are scenarios, in which the employer may choose to go ahead without settling the claim. If the employer chooses to fight and you choose to fight back then you are likely headed for court first. This will lead to the filing of a lawsuit for wrongful termination based on one or more of the grounds stated above. The benefits to taking a wrongful termination lawsuit to court are that a jury will decide the case, and juries tend to side with employees. The alternative to a wrongful termination lawsuit is arbitration. Choosing to arbitrate a wrongful termination case is always beneficial, as it is often less formal and may be an overall quicker legal process than litigation.
In some cases, arbitration might be your only choice if you signed a mandatory arbitration agreement with the employer in question. You also do not need a wrongful termination lawyer on your side of the table in arbitration, but the American Arbitration Association recommends it. Having an employment attorney represent you in wrongful termination arbitration ensures the claim is well-developed and the limited amount of information allowed by the arbitrator is the strongest it can be.
We represent employees in their claims against their employers and others who violate their rights in the workplace.