If you find yourself forced to leave a place of employment, chances are, there will be a whirlwind of events that follow. While some cases are justified, employees are often terminated illegally without reason. Left struggling to pay the cost of living and taking on the emotional stress of the situation, hiring a wrongful termination lawyer in Los Angeles can be your best route.
California is an at-will state, which means that an employer can terminate a relationship at any time – for any reason. However, this does not mean that you have no rights as an employee. It’s quite the opposite. However, being an at-will state can sometimes make proving wrongful termination a bit more complicated. Here, our team at Hershey Law is looking a bit closer at some of the obstacles faced when going against an employer and how to overcome them.
When it comes down to wrongful termination, the job of your lawyer is to prove the claim against you is false. As an at-will employee, you are protected by state and federal law. That said, it’s essential to recognize that most employers recognize these laws and will not fire for a protected reason.
Some of the most frequently used claims include poor performance, workplace misconduct, or attendance issues. Thus, the reason for the firing is legitimate. The challenge now becomes proving otherwise and proving that the real reason violated the law.
When filing an unlawful termination case, the responsibility of proof falls on the employee making a claim. Depending on the claimed activity, different means of evidence may be necessary. A few of these include:
Often, producing such information can be tricky. This step is where having a trained and experienced wrongful termination by your side proves more than worth it.
For more information on protected characteristics, whistleblowing, and other categories of protected behaviors, classes, and events, please check out our previous article providing further insight into unlawful firing.
With various ways to be wrongfully terminated in California, it can sometimes be overwhelming to know if you are subject to settlement. At Hershey Law, we offer free consultations for employment law, discrimination, and wrongful termination cases. Save yourself unnecessary stress and consider hiring the number one wrongful termination lawyer in Los Angeles, Hershey Law.