While many states are "at-will" thereby permitting an employer to make employment decisions based upon any reason, or no reason at all, nonetheless employers are prohibited from engaging in wrongful termination. This may occur in several forms such as "whistleblower claims" (where an employee is terminated for reporting unlawful conduct or refusing to engage in unlawful conduct); breach of an employment contract; or retaliation based upon race, age, religion, national origin, or claims of sexual harassment. The law protects employees who report illegal activity or misconduct by an employer or co-worker from retaliation. If an employer terminates an employee for reporting or threatening to report illegal or fraudulent conduct, the employee can file a retaliation claim against the employer.
Every situation is unique and different laws may apply based upon the specific facts of the case.As an employee, the individual must demonstrate that they suffered wrongful termination and that the termination was not due to such considerations as performance. This often presents evidence difficulties which require a careful and strategic approach to establish the unlawful practices of the employer. Likewise, as an employer, it is important to document and ensure accurate records that demonstrate a valid basis for the termination.
Our wrongful termination legal services include the following:
If you feel you have been wrongfully terminated or are faced with similar accusations, contact us today. In California, contact our office at (949) 500-2818. In the New York Metropolitan/Long Island area, contact our office at (949) 500-2818. We look forward to assisting you.