Wrongful termination is defined as being the firing of an employee that breached an existing contract or violated public law or public policy, according to the Cornell Law School. Wrongful termination can take many forms. For example, if an employment contract sets for that termination can occur only for cause, when it occurs without cause, an employee can sue claiming the firing was wrongful. Wrongful termination is also known as wrongful discharge, wrongful firing, and wrongful dismissal.
When a person in Southern California faces a wrongful termination, he or she best protects his or her legal rights by seeking professional assistance from a skilled, experienced lawyer. A wrongful termination lawyer in Orange County understands the mechanics of California employment law. Legal counsel will also understand whether federal law might somehow also come into play in a case.
In addition to breach of contract as a basis for wrongful termination, these types of cases oftentimes stem from some type of illegal discrimination. For example, if their is a racial or gender motive associated with the termination of an employee, that firing very well may constitute a wrongful forced separation. Even in the 21st century, this type of conduct occurs with surprising regularity in the workplace.
There are laws on the books on the state and federal level protecting workers against retaliation for whistleblowing. The termination of an employee, done in retaliation for whistleblowing, is likely to run afoul of these laws. This type of firing very well may form a foundation upon which a case for wrongful termination can be built.
Justice in a Wrongful Termination Case
In the clear majority of cases, justice is found in a wrongful termination case through the payment of monetary compensation. In a smaller number of wrongful termination cases, a person is restored to the position of employment he or she held before being fired. When a person is restored to his or her job, that is called equitable relief. The reality is that a court will not often take this course, because it can have future negative ramifications. Nonetheless, it is a possible recourse in a wrongful termination case.
Deadlines for Pursuing Wrongful Termination Case
There can be a variety of deadlines involved in a wrongful termination case. The deadline or deadlines associated with a case depend largely upon the underlying facts and circumstances. The complexity of these cases, even when it comes to deadline issues, underscores the necessity of being proactive in obtaining experienced legal representation.
Retain a Skilled, Dedicated Wrongful Termination Lawyer
Scheduling an initial consultation with an experienced California wrongful termination lawyer is the first step in protection a worker’s legal rights and interests. During an initial consult, legal counsel will provide an evaluation of a case. This will include a consideration of possible strategies to employ to take on an employer thought to be guilty of wrongful termination. As a matter of practice, a lawyer typically charges no fee for an initial appointment in a wrongful termination case.