Wrongful termination in the state of California is not uncommon. Many of these cases are filed in Los Angeles where thousands business establishments and private companies are situated.
Unfortunately, there are some who are still hesitant to file a wrongful termination case as they are unsure whether their company's actions have violated an employment law. These employees must immediately find a Los Angeles wrongful termination attorney if the following factors can be attributed to their termination:
An employer's offensive comment or any maltreatment experienced by the worker because of his race, gender, age, and sexual orientation can constitute discrimination.
Severe cases of discrimination inside a company may also include the employee's much lower salary as compared to his colleague of the same position, demotion or transfer to give way to less qualified employees, and of course, wrongful termination.
Harassment can manifest through an employer's or any co-worker's oral, verbal, and physical acts that are sexually suggestive.
Generally, there are two types of sexual harassment. Quid pro quo harassment is when an illicit proposal is offered in exchange of benefits that would be given by the harasser. Another type is that in which the harassed will be subjected to hostile work environment if he refuses the advances and sexual favors sought by the harasser. Keep in mind that victims of sexual harassment can be either male or female and that their harasser can be of the same or opposite gender.
In some cases, there are employees who are terminated because of complaints they filed against their company or they have exposed the illegal transactions and acts of their company. These employees cannot be terminated as they are protected by whistle-blowing laws and these laws also protect them from being retaliated against.
Violation / Undermining of Public Policy
This is usually the basis of complaint of at-will employees. Since they may have no written contract, the employee must prove that there has been an implied contract between him and the company which prevents him from being terminated without just cause.
Technically, in an at-will employment, the employer can terminate the employee without any cause and the employee is free to resign from his duty. However, the employer's reason for terminating must not be attributed to harassment or discrimination.
The burden of proof falls on the person who alleges the wrongful termination. So, he must be sure to have physical evidence to support his claims such as any written document, a video or audio recording of the incident, as well as any printed or drawn illustrations that may be seen as discriminatory and derogatory.
To do these, the plaintiff would need to discuss the case with a Los Angeles labor attorney who can assist them in gathering evidence and making decisions that would not jeopardize the case. Be assured that these lawyers will do everything to make sure that their client's right to work and make a living will be defended.