Understanding the Conditions of a Wrongful Discharge

Employee rights and privileges are two of the most talked about issues in employment law mainly because these two are also the most violated laws. A common violation of employee rights is wrongful discharge or termination. This serious issue is even more complicated in states like California where the principle of “at-will” employment relationships is practiced.

An employee-employer relationship is considered as “at-will” if both parties can terminate the employment at any time and for any reason within the employment period. However, employers are prohibited from terminating their employees if they have the following reasons:

• The termination was an act of discrimination or retaliation (retaliatory discharge).
• The action was a breach of contract (written or oral).
• The action violates federal and state laws regarding employee rights.

Another common way of employers to “get rid” of their employees is by taking actions leading to a constructive wrongful termination. In this situation, the employer will try to force the employee to quit from the position by creating a hostile and stressful environment.

If you are an employee in this kind of situation, do not immediately quit the job. The following are some steps you should take to ensure that your employer will be held responsible for his adverse actions:

• Take all necessary and reasonable options to stay in the job. Before filing a lawsuit, you should first prove that you have exhausted every possible way to solve the problem, but failed to do so.
• Submit a complaint to your employer about the difficulties you are experiencing. Your employer may not be aware of your situation. Informing him may help solve your problem.
• If the employer does not take any action, file a formal complaint with the help of an employment law attorney. Once your employer refuses to do anything about your situation, it is time for you to take legal action.

Employers should be very careful in treating their employees because they might be charged with discrimination or wrongful discharge. Generally, employers have the right to terminate their employees. However, they should follow certain conditions such as:

• Addressing the employee’s poor performance at work. Doing this will serve as a warning and reminder to the employee to improve his performance.
• Carry out standard procedures in termination. Every action should be conducted following a strict process to manifest order and formality.
• Prepare the employee’s severance pay package and final salary. Under federal and state laws, employees are entitled to receive severance pay and their final paycheck.

Whether you are an employer or employee, you may consult with experienced attorneys in your location to find out more about wrongful termination. If you are living in Los Angeles, there are many law firms whose lawyers are experts in employment law. Search the best wrongful discharge attorneys in Los Angeles by asking friends and relatives, or browsing the Web.