Wrongful Termination in the Workplace

Finding a job these days is a challenge for many people. Keeping a job is equally important as finding one. However, in the event that a person loses his/her job, some of the questions that immediately surfaces is whether the there has been wrongful termination in the process and what can be done about it.

In Los Angeles, pursuing a wrongful termination case can be a difficult task because employee-employer relations in the state of California are considered to be “at will”. This means that an employer has the right to terminate somebody from his/her job for any reason, in the same way that a person can quit from his/her job for any reason.

Usually the only reason one can be considered to be wrongfully terminated is when he/she was fired because of discrimination and refusal to do something illegal.

The “at will” relationship can be changed through stipulations in contracts made between an employer and employee, such as employee handbooks and the likes. If the employee handbook contains provisions about conditions of termination, then not following these provisions will constitute wrongful termination.

For example, if the employee handbook or the employment contract states that an employee will be terminated when he/she accumulates 5 instances of unexcused absences, then firing an employee who only had 3 would mean that the employee is a victim of wrongful termination.

Discrimination will also factor in as it is considered unlawful to treat an employee any differently from others solely because of one of more of these factors:

• Nationality


• Ancestry


• Race


• Sexual orientation


• Sex


• Religion


• Disability


• Medical condition


• Age


• Marital status

It is also important to understand what sexual harassment is and how to know if you’re being harassed in the workplace. Here are a few things considered to be sexual harassment:

• Offering additional benefits in exchange for sexual favors


• Unwanted advances


• Making threats after a sexual advance has been turned down


• Offensive visual conduct (leering, sexual gestures, sexually suggestive photos, etc)


• Offensive verbal conduct (using sexually derogatory statements, making sexual jokes and innuendos, graphic comments about a person’s body)


• Verbal sexual advances or propositioning


• Offensive or hostile treatment because of a person’s sex


• Physical advances such as touching, assault, or blocking of movements

What can you do to help yourself in case of wrongful termination?

There are a few things that you can do to help yourself in case of wrongful termination. As with any legal cases, it’s helpful if you can keep a proper documentation of the details surrounding the termination. This is particularly helpful when claiming unemployment insurance.

Here are few tips to help you out:

• Request for a copy of your employment records – this is usually accessible to all employees. Ask for your files and make your own copy. Make sure that you have a list of all the documents you have and ask personnel in your HR department to countersign it so that no record will be removed or added in the future without your knowledge.


• Keep your own record of the termination process – write down pertinent dates, people involved, commendations, memos, reprimands, anything that will show a better picture of what happened.


• Keep your employee handbook and make sure you understand it.

There are Los Angeles lawyers that can help you with your wrongful termination case. Contact one today if you feel you have been a victim, and get the legal advice that you need.

Mesriani Law Group is a full service law firm which specializes in all facets of Personal Injury Law Litigation, including Wrongful Death Claims, Car Accidents, Slip and Fall and Premises Liability Claims, Employment / Labor Law, Disability Law and Supplemental Security Income (SSI) claims, and Business Law. Each of the attorneys at the Mesriani Law Group has been acknowledged as one of the very best in their field. Whether your case deals with Personal Injury Law, Employment Law, Social Security representation or Corporate/Business law, you can be assured that your case will be handled by an expert who specializes in that form of litigation. It is this diversity that makes us unique. We are not a firm with one specialty, but several. But it is not the accomplishments of its attorneys or its stellar business plan that makes Mesriani Law Group the best law firm in Los Angeles. It is the people working at Mesriani Law Group that truly drive our success. Every employee at Mesriani Law Group is dedicated to delivering the best service possible. Not only that, but Mesriani Law Group prides itself on giving the same level of attention to each and every client, be it a small personal injury matter or a multi-million dollar litigation. Mesriani Law Group is dedicated to giving its clients the very best representation and remains committed to having only the very best attorneys handling their cases.

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