When it comes to employment, one of the most joyous aspects is getting hired. Whereas, when things do not work out and an employee is terminated, there are often a number of questions. In some cases, an employee may have the right to claim wrongful termination, file a lawsuit and acquire an expert witness wrongful termination Los Angeles.
In some cases, employers can be guilty of wrongful termination when breaching an employer to employee contract, or for reasons associated with discriminatory practices. In other cases, either the employer or employee can be guilty of constructive dismissal when either party breaches an aspect of a contract.
When filing a complaint, there are a number of situations and scenarios which can equate to valid reasons for firing an employee. The most common of these reasons are discrimination based on age, sex, religion, nationality, race and in some states, sexual orientation. Whereas, employer retaliation is always considered an unjust cause for terminating an employee.
Most jurisdictions hold special courts or tribunals to hear and decide actions in these cases. When an employee is successful in winning a case, most often the individual will either be reinstated, or provided compensation in a settlement. While individuals working on a probationary basis can be let go for reasons related to attendance and performance, most other reasons provide a just cause for filing a formal complaint.
While wrongful termination laws do not currently exist in the United States, there are state, Federal and local laws and ordinances which provide for acceptable reasons for firing an employee. As this is the case, it is important that anyone filing such a claim or initiating a lawsuit do so in the state in which one was terminated. In addition, it is important that the individual understand all laws and ordinances to assure that the reasons for being let go were for reasons which are protected by a employee to employer contract or laws governing such action.
In order to reduce these cases, all states in the United States consider all employees "at will" which allows for employers to terminate employees without cause at any time. While this is the case, there are some contract employees which have stipulations that can limit wrongful termination based on reasons outlined in the contract. Whereas, if the employer is letting an individual go for reasons protected by local, Federal and state rules and regulations related to employment, the individual most often has a valid reason to file a complaint.
In addition, most union employees have some aspect of protection under Union rules. In most cases, these definitions are part of a collective bargaining agreement which outlines specific disciplinary limits and actions on how and when an employee may be let go. Whereas, those whom work for government agencies often benefit from civil service rules and regulations which restrict an employer from letting employees go without a justified reason.
While most often employees are provided protection under laws related to civil rights as well as local Federal and state law, there are fewer than those whom are working under contracts or in governmental positions. As a result, these individuals often have a more difficult time winning a lawsuit than others. Still, any employee believing that wrongful termination took place has the right file a formal complaint.
In some cases, employers can be guilty of wrongful termination when breaching an employer to employee contract, or for reasons associated with discriminatory practices. In other cases, either the employer or employee can be guilty of constructive dismissal when either party breaches an aspect of a contract.
When filing a complaint, there are a number of situations and scenarios which can equate to valid reasons for firing an employee. The most common of these reasons are discrimination based on age, sex, religion, nationality, race and in some states, sexual orientation. Whereas, employer retaliation is always considered an unjust cause for terminating an employee.
Most jurisdictions hold special courts or tribunals to hear and decide actions in these cases. When an employee is successful in winning a case, most often the individual will either be reinstated, or provided compensation in a settlement. While individuals working on a probationary basis can be let go for reasons related to attendance and performance, most other reasons provide a just cause for filing a formal complaint.
While wrongful termination laws do not currently exist in the United States, there are state, Federal and local laws and ordinances which provide for acceptable reasons for firing an employee. As this is the case, it is important that anyone filing such a claim or initiating a lawsuit do so in the state in which one was terminated. In addition, it is important that the individual understand all laws and ordinances to assure that the reasons for being let go were for reasons which are protected by a employee to employer contract or laws governing such action.
In order to reduce these cases, all states in the United States consider all employees "at will" which allows for employers to terminate employees without cause at any time. While this is the case, there are some contract employees which have stipulations that can limit wrongful termination based on reasons outlined in the contract. Whereas, if the employer is letting an individual go for reasons protected by local, Federal and state rules and regulations related to employment, the individual most often has a valid reason to file a complaint.
In addition, most union employees have some aspect of protection under Union rules. In most cases, these definitions are part of a collective bargaining agreement which outlines specific disciplinary limits and actions on how and when an employee may be let go. Whereas, those whom work for government agencies often benefit from civil service rules and regulations which restrict an employer from letting employees go without a justified reason.
While most often employees are provided protection under laws related to civil rights as well as local Federal and state law, there are fewer than those whom are working under contracts or in governmental positions. As a result, these individuals often have a more difficult time winning a lawsuit than others. Still, any employee believing that wrongful termination took place has the right file a formal complaint.
About the Author:
Get details about the factors to keep in mind when choosing an expert witness and more information about an expert witness wrongful termination Los Angeles professional at http://www.economicdamagesexpert.com/services right now.
No comments:
Post a Comment