Image this: You live in San Francisco, CA, and you also love what you are doing. So there you are, doing your job as always, when suddenly you’re handed a pink slip for no good motive. The law says there is an alternative remedy if you’re up for it: File a case of wrongful termination while many would advise you to pack your things and send out updated CVs.
In legalese, “wrongful termination” is the term encompassing any dismissal that breaches the conditions of your employment (as stipulated in the contract), or a provision in the employment law. In the lack of a formal contract, wrongful dismissal may still be called as a result of the existence of an employment relationship. The term applies when a worker is dismissed due to the following:
This really covers removal from office as a result of an issue with one’s nationality, race, sex, age, religion, or even sexual orientation, and is illegal.
When an employee participates in an investigation for a similar violation or discrimination (or if the worker such an abuse is claimed by himself), the business cannot retaliate by removing that person from office. It is a breach of the civil rights law.
Refusal to commit an illegal act
If the employee is being coaxed or forced to do something beyond the bounds of the law, he can’t be fired for refusing.
Refusal to follow conclusion processes
Distinct companies in San Francisco, CA have distinct documents the company policy, an employee handbook, — the contract, or a code of conduct — that states how a person could be terminated. Removal without following these rules may be grounds for a wrongful dismissal charge.
Aside from these common grounds for filing wrongful termination claims, there’s the other issue of employment being “at will” — meaning, the employer reserves the privilege to terminate the worker at any given point in time, so long as the termination motive is not illegal. This does not mean, however, that a case of wrongful dismissal is unable to be made, as it can still be proven in these instances:
In case there is a written contract or a similar statement that expressly guarantees job security, then there’s a robust argument you don’t go under the “at will” kind. In case you have an employment contract that states you can only be fired as a result of good, special causes the argument strengthens. Letters or other files that guarantee a continuing employment can help your case.
When the employment contract is indicated (i.e. exists completely as an arrangement based on the things your employer says and does), then there is another exception to “at will” employment. While this might be difficult to prove (mostly because many employers rarely promise continued employment), any instance of your company saying you’ll be “employed permanently” or for a particular length of time can be construed as an implied assurance. Of course, because of the intangibility of a guarantee, you would need wrongful termination attorneys that are great like Geonetta & Frucht to succeed in your case.
Breach of Good Faith
There are times when employers act through your dismissal. While this may well not be grave enough to count as discrimination, it can still be grounds for a breach of good faith and fair dealing. This can happen because the employer doesn’t need you to accumulate sales commissions, etc., if you got fired
Violations of Public Policy
Finally, when firing a person, the company must consider the societal norm. It’ll be illegal to fire someone in a way that the society at large recognizes as an illegitimate ground for conclusion. This includes firing someone due to taking time off while serving as a jury member, voting, serving in the National Guard, etc.
An employee against an employer (with the business backing him) is a David versus Goliath fight, and you’ll need good and experienced wrongful termination attorneys to make sure that the case would not be muscled through by the defendant. And while being wrongfully terminated can be on your part that is worrisome, rest easy in the fact that experienced and educated attorneys such as Geonetta and Frucht can take up — and win — the fight for you. After all, the law is in your side, and also your attorney should fight vigorously to make sure that you are served the justice you have earned.