Wednesday, February 8, 2012

Proving that the Employer Committed Wrongful Termination

It may be still questionable if the United States is able to keep up to its words of being a nation that seeks to uphold equality among its people. Right now, inhumane acts still thrive in various parts of the country. One example is the wrongful termination California had been experiencing for years. Due to the at-will employment policy implemented within the state, there had been a lot of complaints made by employees who were distraught over the way their employers maltreated them.

The reckless actions of these people must be reported to authorities and be given its due punishment so that workers could receive their justice. Any employee who had a bad experience of either being humiliated or subjected to different acts as a result of the wrongful termination California employers had placed on them therefore has the right to file for a lawsuit.
Wrongful termination is depicted as the invalid dismissal of a worker from their position due to their gender, race, status or nationality. The whole goal of the lawsuit is to clearly show that the act done by the employer was due to the aforementioned reasons and not based on the actual performance of the employee. Some employers must realize that finding a job is not that easy these days and through their unjustifiable act, a lot of lives that seeks support from the laborer could be in jeopardy.

The whole litigation process can be very tricky and this could provide for a lot of problems and worries for those who are not adept about the process’ procedures. Nonetheless, complainants can seek help from a lawyer. This professional specializing in labor laws could determine the following situations that shall lead to the victory of the lawsuit and compensation for the damages:

  • The employer threatened to terminate the employee if the latter does not give in to the former’s wants, e.g. sexual advances.
  • The termination violated the provisions under the American Discrimination Act of 1990
  • The termination is against the signed contract between the employee and his or her employer.
  • The employer did the termination as retaliation for an employee who acted as a “whistle blower”.

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