Orange County Wrongful Termination Lawyer

Wrongful Termination

Wrongful termination is the legal phrase that describes generally a situation in which an employee has been terminated in violation of public policy or a contract between the employee and employer. It is significant to note that even in the absence of a formal employment contract, an employee is not precluded from filing a wrongful termination lawsuit.

A wrongful termination claim commonly follows an employee being fired because he/she believes some form of discrimination has been used against him/her. Discrimination claims can be gender based, racially based, discrimination based, or age based (among other kinds). If a former employee can provide evidence that he/she was fired due to a form of discrimination, it is easier to prove wrongful termination has taken place. Wrongful termination claims cannot be based on being fired for an unresolved personality conflict.

In the majority of states, employment is classified as "at will". When employment is at-will, it is assumed that the period of employment is indefinite and voluntary. As a result, an employer has the right to fire an employee. By the same token, an employee can quit at any time.

Unlike many areas of our practice, there are not federal laws specifically prohibiting wrongful termination. Instead, wrongful termination is a claim that commonly accompanies other employment law charges which are prohibited by law. For example, if an employee is fired because he or she is 45 and the company wants to hire a new person that is 22, this violates current federal age discrimination laws. Wrongful termination can also be claimed if an employer violated public policy or a constitutional provision.

When a person believes that he/she has been wrongfully terminated from his/her place of employment, the laws of the country grant a remedy to the situation. When a suit needs to be filed, a complaint needs to be filed with the relevant federal agency, such as the United States Equal Employment Opportunity Commission, as well. If there does not happen to be a relevant federal agency or act, a private lawsuit is likely a person's best option.

Wrongful termination as an area of employment law is even more complicated due to the numerous at will doctrines that are permitted in the United States. It is important to contact an experienced employment lawyer like Perry Smith to determine the strength of your case.