Defenses to Help Build Your Wrongful Termination Case

The abrupt termination of a job in the Orange County area can be a particularly stressful experience, especially when the person in question believes that the event was caused by factors other than performance reasons.

Very often, job loss is neither fair nor justified, resulting in a disastrous impact on livelihood, financial standing, and overall well-being. However, such cases are really rare!

While employers in Orange County have the capacity to lay off staff, they are still required by law to do so according to certain principles.

If they do wrong here, then you can launch a lawful complaint, and the matter of becoming knowledgeable about the ways to defend your position will be even more relevant.

Provided you have the impression that your firing was quite illegal, it might be a good idea to consult with an Orange County wrongful termination attorney.

These legal advisors can be of great importance in the determination of whether your rights were affected and in the drafting of a proper defense for your case.

Even if you haven’t met an attorney, being knowledgeable about what you are able to use as a defense can be a good thing.

Hi. In today’s blog, I will be talking about the steps you need to take if you want to fight wrongful termination legally. So, if that is what you want to know, then keep on reading this blog till the end and thank me later…

What is Wrongful Termination From Work?

Wrongful termination can also be referred to as unlawful discharge or firing, and it happens when an employer fires an employee in violation of the law, i.e., employment contracts, public policy, and legislative laws.

As a result, the worker’s dismissal is nothing but a breach of the labor agreement and, to make things even worse, it may be based on a discriminatory or retaliatory motive.

In general, it is dismissal that is not permitted by law.

How to Know If You Faced Wrongful Termination?

There are times when you might not even understand that you are a victim of wrongful termination. If that is something you are confused about, let me help you out a little!

Here are some of the signs you faced a wrongful termination:

1. Breach of Contract

If you had a written or implied contract with your employer, and they let you go without following the terms, that’s a solid defense.

For example, if your contract said you could only be fired for specific reasons and none of those happened, your employer may have breached that agreement.

Even if nothing was written, long-term employment or promises made during hiring might suggest an implied contract.

2. Discrimination

Were you treated differently because of your race, gender, age, religion, disability, or other protected characteristic?

If yes, that could be unlawful. Employers are not allowed to fire someone based on discrimination.

Proving that other employees in similar roles were treated better can help support this defense.

3. Retaliation

No employer has the right to sack you just because you stood up for justice. For instance, the employer has no valid reason for termination  for the following things:

• You were a victim of workplace bullying and you informed HR
• You made a complaint about the unsafe working environment or supported the investigation. 

If right after the moment you’ve taken the step, then it is a 100% bet that you have been retaliated against, which is not only unethical but illegal as well. 

4. Violation of Public Policy

If management dismissed you as a result of a lay-up duty, like refusing to participate in any unlawful activity or even reporting the illicit one to the authorities, then that may be a public policy violation.

Thus, by the mere fact that you were told to lie by your line manager, and, standing your ground, you were let go, you could be standing on the firm ground of wrongful termination because this is a valid defense.

5. Whistleblower Protection

Like retaliation, whistleblower laws are made to protect employees who expose illegal or immoral acts committed within the company.

If your employer put up a front against you for your activism, then you can use this as a very important argument. Whistleblower cases are treated very seriously and can even result in further protection.

6. Lack of Proper Procedure

Not infrequently, the question of the status quo also pops up. The company may have valid reasons for firing you, yet fired you extremely rudely.

The company’s staff must follow their employer’s guidelines with the fulfilment of the regular warning that this may result from the instant statement as harmful to their case.

Your consistently good performance records or a rapid change in the quality of work you received can help build your case that the firing was wrong.

How to Fight Wrongful Termination Legally?

In the United States of America, one way an employee can fight being dismissed wrongfully is by engaging an employment lawyer who will assist them to find out if their case is relevant and advise them on what legal solutions can be taken.

You can also file a discrimination charge with the EEOC or the state or even go to a court case where the judge might set remedies like reinstatement, back pay, and damages.

1. Speak to a Legal Professional

The most important step to take first is to consult with a well-versed employment lawyer who handles wrongful termination cases. They can assess your position, conclude if there is a case, and take you through the legal process.

2. Get Proof

Record all the facts of your job termination, such as the following:

• All relevant documents.
• Emails.
• Conversations with your employer.

These documents can serve as evidence and can be the basis for a strong lawsuit.

3. Submit a Complaint

Your situation will determine whether you can file a charge with the Equal Employment Opportunity Commission (EEOC) or a similarly-named state agency. The role of the agencies is to investigate and maybe to intervene in the matter.

4. Think of Mediation or Arbitration

There might be proposals in some employment agreements stipulating that the parties should go through mediation or arbitration before filing a case. Doing so can lead to a less antagonistic way of finding a solution.

5. File a Lawsuit

In case you don’t get the desired solution from other sources, your only recourse may be to sue your employer for compensation or other court-ordered remedies.

6. Have an Insight on Wrongful Termination

Dismissal on account of various reasons, such as discrimination, reprisal, violation of contract, or against public policy, is what ‘wrongful termination’ technically specifies.

7. Be Prepared for Potential Damages

Not to mention that you will be able to ask for a lot of various damage types as in the case of the winning of the dismissal of the case, which include the following:

• Back pay.
• Front pay.
• Compensatory damages.
• Punitive damages. 

Wrapping It Up!

Wrongful termination cases can be tricky, but with the right defenses, you can stand up for yourself.

Always keep records of emails, performance reviews, and any complaints or reports you’ve filed. These can all help prove your case.

If you feel your firing wasn’t fair, don’t stay silent. Learning about your rights and working with the right legal support can make all the difference. Defending your job and your future starts with knowing the law — and knowing that you’re not alone.

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