The last and final reason is if for breach of contract. After consulting with a lawyer who is skilled in employment law, it can be determined whether a termination was wrongful and is supportive of a civil case. The consultation will allow for the legal team to address the various particulars of the potential case and go forward with building a case, should it be strong enough to be presented in court. Many people who have been fired on an illegal standing will often neglect to consult with an attorney because they lack the funds to retain a lawyer. The good news is that many employment law firms represent persons on a contingency basis. This means that legal fees are not charged to the client unless and until the attorney gets the client money for their case. If the case is lost, there is no fee charged. In the state of California, the law allows several types of civil suites when an employee is terminated for an illegal reason. The burden of proof is upon the employee to prove that the employer took unlawful steps to terminate him or her. The motivating factor must be proven to be significant. One well known statute is the one based on the Fair Employment and Housing Act.The illegal grounds for termination are found in the statute and must be proven in court to apply. A timely consultation with an employment lawyer will determine the merits of a potential case. Those who are working under a type of contract for work or labour performed can seek out a consultation regarding breach of contract which can also be written or implied in fact and even oral. This potential state of affairs would best be handled by the employment legal experts who can determine any agreement or promise was made by an employer which might have lead to an implied, verbal or written contract for work. The conditions surrounding the termination can be analysed to determine if there were any breaches. In the more complicated cases that begin with sexual harassment complaints that eventually end up in termination can also be analysed to determine if the law was broken by termination based on retaliation. Unfortunately, this does happen. Once a person files a sexual harassment suit against a company, it has been known to be the cause of the company taking steps of retaliation to remove the complainant from their job for having these kinds of problems. If this is the reason for termination, then this is illegal termination and an excellent reason to seek out Wrongful Termination Lawyers in California.

Source : articlesbase.com

0 comments:

Post a Comment

 
Rewrite Article © 2016.Someright Reserved.
Top