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Although many individuals who are terminated from their job feel their termination was "wrongful," especially if it was done without cause, the legal definition of wrongful termination is quite specific.
It can be traumatic and difficult to lose your job, perhaps for performance-related issues, or for some other justifiable reason — but it can be even worse if you’ve been wrongfully terminated by your employer.
While employers are usually entitled to terminate their employees without cause, the law does extend protections to employees who have been terminated wrongfully. In a wrongful termination dispute, you may be eligible to receive significant compensation: for back pay, future earnings, punitive damages, and attorney’s fees.
An attorney can determine if you have a case and advise you on the best way to proceed. As such, it’s important to pursue legal representation early.
What is Wrongful Termination?
Most states allow employers to terminate their employees without cause.
This is known as the right-to-work principle.
Employees may leave for any reason, and employers may terminate their employees for “almost” any reason.
Importantly, the law does proscribe limits to this termination power.
Employers are not allowed to terminate an employee for an illegal reason.
If you don't have an employment contract, your employment is likely "at will."
This means that your employer does not have to have a good reason to fire you as long as it's not for an illegal reason, such as discrimination or retaliation. This means you could be fired for things that happen outside of your job, or for simply annoying a coworker.
If you have an employment contract, often the terms of that contract will define the kind of reasons your employer can use to fire you.
Recognized as a Rising Star by Southern California Super Lawyers every year since 2013, Benjamin Smith, the founder of Smith Law, is engaged in the practice of employment, class actions, personal injury and other tort litigation.
Mr. Smith has successfully secured millions of dollars on behalf of his clients. His reputation as an aggressive and effective trial lawyer has resulted in lucrative settlements for his clients. His drive and creative approach to cases give him a competitive edge when advocating for his clients.
Mr. Smith hosts a weekly Podcast titled “Law Flip”. The LawFlip podcast strives to provide people with informative, accessible, and (sometimes) entertaining content on a wide array of legal and non-legal topics. In addition to Benjy, each episode has a different guest who provides unique.
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