Wednesday, March 9, 2011

Wrongful Termination Laws

In the past, there was a clear distinction between the haves and have-nots. Employers treated their employees almost like slaves and there were no laws protecting them. However, with the rise of knowledge and awareness, life in the workplace has changed. And in democratic countries like the USA, many rules and laws have been enacted to improve the lives of employees. Many of these employment laws include wrongful termination policies which prohibit an employer from firing you for specific reasons- namely harassment or discrimination based on a protected class. If you are fired in Los Angeles, you can seek counsel with a Los Angeles wrongful termination lawyer and file suit against your employer.

Wrongful termination laws that safeguard employees

You may have gotten pregnant, reported a violation of employment law in the workplace or be of a religion or race that your supervisor doesn’t like. You should know that in each case, you are protected by law and cannot be fired. You can safely ask for your company to follow all employment laws, have equitable pay, perks and incentives, have a work environment that is free of harassment and you should not worry about being fired. If you are a victim of racial discrimination at work or see that it is happening to a coworker, you can file a complaint or go to a supervisor and you are protected. If you are fired for any of the aforementioned reasons, you can seek help from a Los Angeles wrongful termination attorney.

It is important to note that harassment can come in different packages. A supervisor or coworker senior may have created a hostile work environment for you where it can be hard to work. This could be verbal harassment, nasty emails, jokes in the office, or a difference in pay or treatment. All of these activites are considered harassment and constructive termination. Wrongful termination attorneys can help advise you on the best steps to take, such as following your company’s policies or filing a lawsuit.

Types of Harassment

Most of the time we think of sexual harassment as a woman being harassed by a man, but there are other situations as well. Men can be sexually harassed by women and men can be sexually harassed by other men. When in California, you know that your rights are protected and just because a supervisor may have a powerful position within a company, he or she is still subject to the same rules and laws as everyone else.

These laws are here to ensure that you are judged on the quality of your work and not on the color of your skin or the brand of your religion. In addition, if you have suffered an injury and been disabled while on duty, you have the right to compensation. But it can be hard for a person to decipher all of the various employment laws, so the best thing to do is to consult with an experienced wrongful termination attorney.

Another area that is covered by wrongful termination is whistle blowing. This is when you know that the company or an employee is violating a law and you report it. You cannot be fired for this, and the company is not allowed to retaliate against you. Companies are required to follow the law and it is within your rights to report any violations. So if you do report your company and then you find that you are demoted or are being harassed at work, this is all illegal.


Wrongful termination and overtime

Then if you are being forced to work overtime and are not being paid for it, this may be illegal depending on your employment contract and what type of employee you are classified as. If you complain to management and then are fired, this is wrongful termination. In fact if there is a company-wide policy of not paying overtime, and many workers are working overtime without being paid, there may even be a class action. The best thing to do is to get in touch with a local attorney. So if you live in LA, you should search for a Los Angeles wrongful termination lawyer who can tell you what the law is and help you with your next steps. Generally you should be able to get a free consultation and often an attorney will take your case on a contingency.

2 comments:

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