Factors that could show wrongful termination in California

Los Angeles workers are often concerned about the possibility of losing their jobs. This can happen in any endeavor for a multitude of reasons. Some of those reasons are justified, but often the dismissal is not done according to the law and there is the basis for a wrongful termination lawsuit. There are certain tips that are given to employers when they are firing an employee. These tips may be of interest to employers and employees alike.

Employers must have proof as to why they are firing someone. Terms of employment should be in written form. With certain jobs, there will be performance evaluations as to the work the employee has done. This can be a guideline to determine if there was a justification for the dismissal or the proffered reason is invalid. There must be documentation as to why the worker was fired.

California is an at-will employment state. This means that the employer or employee can end the employment relationship at any juncture. Even with that, there is still a basis for file a wrongful termination case if certain behaviors have been undertaken by the employee prior to the firing. For example, the employee cannot be dismissed if he or she complains about safety violations, discrimination or harassment.

Employers should have consistent documentation as to what is expected of an employee. If there is a handbook or a list of dos and don'ts for the employee, this can also be a guideline for wrongful termination. An employee who has not behaved in a way that violated protocol could use this to move forward with a legal case for wrongful termination.

People who believe they have been wrongly dismissed from a job or mistreated in any other way should be aware that they have rights. Discussing a possible case with an attorney who is experienced in helping mistreated employees to pursue civil litigation could be vital to being compensated for any violation.

Source: CBS Los Angeles, "3 Ways To Help Assure A Proper Employee Termination," Alaina Brandenburger, May 26, 2017

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