What Can Make Your Firing Illegal?
In this “at-will” employment set-up where rules are rather loose, an employee’s discretion can be often abused. However, there is a legal remedy for this “at-will” rule that can help protect your rights as an employee. Here are some things that may protect you from being illegally fired by your employer.
A written contract or a statement that includes your job security can help you in proving that you are not an “at-will” employee. Being an employee under contract, there are acceptable and unacceptable reasons for you to get fired. And so having this document or agreement can give you the protection from the hapless firing of your employer.
There are times when there is an “implied contract”. Basically, this is an agreement that can be based from the things that your employer has said or done. While it may be quite difficult to prove an implied promise, here are some of the things that the courts look at to prove such agreement.
- The duration of your employment
- The regularity of the job promotions in your workplace
- A copy of your history of your positive performance reviews
- Documents assuring you that you will be having a continuing employment with them
- Your employer’s violation of a usual employment practice when firing you (e.g. failing to give you a warning)
- Your employer made a promise of a long-term employment when you were hired
Breach of Good Faith and Fair Dealing
If your employer has made breaches of good faith and fair dealing, your dismissal from work can be considered illegal. Here are some samples of breaches of such dealings:
- Firing or the transfer of workers to prevent them from getting and collecting sales commissions
- Misleading the employees about their chances of getting promoted or receiving salary increases
- Fabrication of reasons for your firing when the real reason for making such move is to hire an employee with a lower wage
- Ignoring the bad aspects of the job you have, or
- The repeated transfer of an employee to work locations that can force an employee to quit
Public Policy Violation
You employer is committing an act of wrongful termination if you are being fired for the following reasons:
- Disclosure of a company’s refusal to pay employees their earned commissions and accrued vacation pay
- Taking time off work to serve on a jury
- Taking time off work to vote
- One’s service to the military
- An employee’s notification for the company’s wrongdoing that is harmful to the public, otherwise known as whistle-blowing
Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against an employee because of his or her race, color, sex, religion, national origin, or disability. If your employer is firing you on the basis of the ones stipulated in the Civil Rights Act, your termination is then considered illegal. Moreover, if you are being terminated as a form of retaliation for whistleblowing or any other related reason, your termination is also considered illegal.
Fighting for Justice
Lawyers of Mesriani Law Group, one of the most respected employment and labor law firms in California, contend that employees must be protected from unlawful actions of their employers, especially if it related to wrongful termination. One thing that you should do is file a wrongful termination lawsuit against your employer for illegally dismissing you from work. In doing so, you need the help of a good, experienced, and helpful Los Angeles wrongful termination attorney.