Employees Best Weapon: Wrongful Termination Attorneys

By: Joan Guevarra
Submitted: 2009-10-20 17:50:50
Print this article | Tell a friend | For publisher |

Rating:

 

In the film “Philadelphia”, Atty. Andrew Beckett (Tom Hanks) sued his firm for wrongful termination on the basis of discrimination as result of his being diagnosed with HIV, a retrovirus that causes AIDS. Through the help and assistance of Attorney Joe Miller (Denzel Washington), the jury votes in Beckett’s favor, awarding him back pay, damages for pain and suffering, and punitive damages.

Los Angeles wrongful termination attorneys, much like Denzel Washington’s character in the film, are an employee’s best weapons in situations like unfair dismissal.

Wrongful termination cases can be based on the following reasons:

•    Violations of Public Policy- It is wrong to terminate employees on grounds that undermine public policy. Examples include firing an employee who is a “whistleblower” or letting go of employees who file worker’s compensation claims.
•    Breach of Contract- Occurs when employers violate a provision in the contract that states the circumstances under which the worker’s services can be severed. If the employee was terminated outside the reasons enumerated in the contract, there is a breach of contract. 
•    Breach of Implied Contract- Verbal statements made by your employer such things as promotions, or how employees are to be treated can be the basis of wrongful termination.
•    Breach of Covenant of Good Faith and Fair Dealings- Some states recognize the right of employees to be treated fairly, honestly, ethically and for employers to show at least “good cause” for termination
•    Discrimination- It is illegal to fire employees for reasons based on the employee’s age, race, sex, disability, religion and/or national origin. Some states and municipalities also recognize wrongful termination on the basis of  discrimination based on sexual preference.

While there are many valid and legal reasons for an employer to terminate his employee’s services, the abovementioned circumstances give rise to an actionable wrongful termination claim.

However, filing a wrongful termination case requires serious proof (employment contracts, manual, etc.) and excellent representation.

The Doctrine of Employment At Will (the right of the employer and employee to retain or end the employment “at will” or at any time and for whatever reason) is also still recognized in states so winning a wrongful termination case can be tricky, if not quite difficult.

Wrongful termination suits hinge largely on the illegality of the employer’s act. If an employer fires an employee because of personality differences that affect the job or business, even if it seems unfair or arbitrary, it is deemed legal unless it contravenes provisions in the employee’s contract.

If proven guilty of wrongful termination, employers are liable to pay for lost wages, expenses, and punitive damages.

Thus. Los Angeles wrongful termination attorneys services can indeed make or break your case. Their background and experience in handling cases of illegal dismissal can give you the justice you need and deserve in economically trying times such as today.

 The movie Philadelphia had striking lines about discrimination in workplace and two outstanding ones came from Washington’s character.  First, he said, “This is the essence of discrimination: formulating opinions about others not based on their individual merits, but rather on their membership in a group with assumed characteristics.”

Lastly, he spoke about the rights of men, to wit: “I believe it says all men are created equal.”

Article source: Expert Articles