If you have been terminated from your employment, do not say goodbye to your career just yet. Many people feel they are out of options when they lose their job, but there is a way to get back on the right track – with the help of an employment lawyer.
Those unfamiliar with legal terms may find it difficult to understand what exactly an employment lawyer does. An employment attorney will protect a person’s rights and guide them in taking action against an employer if their termination was unfair or illegal. It is important for employees to seek legal representation when faced with wrongful termination because many employers consist of large corporations who can provide documentation that seems like irrefutable evidence against you, regardless of how unfair the situation may be. At its core, working as an employment law protects employees’ rights and ensures that employers do not violate the law.
It is important to understand one’s right as a worker before seeking out legal counsel, though; this way, you can provide your attorney with the proper information needed to represent you appropriately. The first step in understanding your rights as a terminated employee is realizing whether or not you are eligible for unemployment benefits. These benefits may be available to those who were laid off from their job, those who resigned voluntarily (but still qualify), those who were fired due to misconduct and even employees who were downsized and released into a poor economy.
Next, it is crucial for individuals to determine if their termination was actually illegal. If you worked full-time and were unjustly fired, you may be eligible for unemployment benefits. This is because most people who are terminated from their job do not meet the requirements to receive these benefits. In fact, in order to qualify for unemployment, an individual must have been employed with a company under a constructive or implied contract. In most states, this means that they must have worked at least four weeks out of the year and average twenty hours per week during that time period.
Constructive or implied contracts may also be established if one’s verbal statement undisputedly led his/her employer to believe he/she would remain employed indefinitely (as long as work conditions remained satisfactory) or if manual labour was involved in the hiring process (such as construction sites). If you believe your termination may be considered illegal, it is important to find out immediately.
Other important factors to keep in mind are the circumstances behind one’s firing. Did your employer have a damning piece of evidence that they used against you? Or did they terminate you due to poor job performance? Employers are not permitted to use misleading information or subpar performances as reasons for terminating someone. They are also expected to document every warning that was provided before taking action against an employee. Make sure you know what kind of documentation your former employer has on file regarding your work history with them. This will help your lawyer build a better case around the circumstances surrounding the loss of your employment rather than simply trying to undermine previous warnings or wrongful termination claims.
Here are some ways an employer may try to build a case against you for wrongful termination:
-Using old warnings you have received as just cause for your termination
-Saying that you were fired because of poor performance when in reality they provided no formal warnings beforehand
-Stating that you were terminated due to misconduct, but neglecting to inform you of the proper process required before taking action
As an employment attorney will likely be well aware of these common tactics used by employers; it is important for employees to be aware as well. Collaborate with your lawyer and give them all information relevant to your case (compliance with warning procedures, proof or documentation about poor job performance/misconduct etc.). They can help you figure out if your situation involved illegal practices or procedures that may have been carried out by your employer.
The final step in understanding one’s employment rights is fully comprehending the laws surrounding wrongful termination and discrimination within an employer-employee relationship. In the United States, there are a plethora of federal and state statutes protecting employees from legal acts of discrimination or harassment from their employers. Many lawyers advise individuals to arm themselves with knowledge about what they believe happened to them so that they can present their cases as accurately as possible. This way, proper evidence can be gathered and presented before a judge to prove the validity of claims made against one’s former employer. It is also important for those who seek information on their rights as a worker to have an understanding of wrongful termination laws in their state. Each state has its own guidelines for what constitutes illegal acts of discrimination, with some being more strict than others.
While it is important to know one’s rights as a worker, it is also important to be aware that these protections have limits. Not all cases are pursued through the court system because there are specific statutes that require employees to follow steps before taking any legal action against their employers.
Even though California does not have a strict adherence to an ‘at-will employment employment’, employees have complete job security. This can result in some California workers perceiving they have a broader right to their position and/or that they cannot be fired for any or no reason.
Davtyan Law Firm, Inc. represents both employers and employees. The firm can expertly guide you through the legal process of terminating an employee, resolving workplace disputes and drafting agreements.
Violated your workplace rights? Been discriminated against? Never been more concerned about your employment than you are at this very moment. If you have been wronged, this is the first step. Contact our employment law attorneys today. Call (855) 205-3681 for a phone consultation. Our employment lawyers will give you an honest assessment of your circumstances and let you know how we can help. You can also request a free case evaluation here.
Davtyan Law Firm, Inc.
880 E Broadway, Glendale, CA 91205
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