Wrongful Termination Attorney in Ontario
Wrongfully Terminated in Ontario? We Can Help.
When a person is wrongfully terminated, this generally refers to when an individual is terminated from employment for reasons that have to do with his or her ethnicity, race, sexual orientation, medical conditions, disability reasons, or even based on his or her religious beliefs. Another leading example of wrongful termination can also be when an employee is discharged for reporting unlawful acts committed by his or her supervisor or employer.
Steps to Follow In the Aftermath of an Unlawful Termination
Workers who suffer due to an unlawful termination incident in the state of California must first file a complaint with the Equal Employment Opportunity Commission (EEOC). This is only required on the very specific list of circumstances that are outlined on the EEOC website. Depending on the advice of an experienced and qualified attorney, the employee in question might have to wait before filing suit. In many cases, the Equal Employment Opportunity Commission requests that the employee wait until they have completed their investigation in the case before the employee proceeds to file a suit.
Once the Equal Employment Opportunity Commission has evaluated and investigated the case and has then given what is known as a Notice of Right to Sue, the individual seeking restitution must file suit within 90 days.
An attorney who has experience in dealing with unlawful terminations can assess your termination and give you recommendations based on it. When you elect the aid of an experienced attorney, he or she will guide you as to when it is appropriate for you to file suit. When assessing your specific case, a qualified attorney should consider the following:
- The amount of time you were employed with the company in question
- Your performance based on employer evaluations. Did you receive any promotions, salary raises or perhaps received any bonuses?
- A comprehensive look into existing company guidelines and disciplinary or termination procedures
- These assessments can help you seek compensation for your unlawful termination.
Knowing When to Seek Protection against Unlawful Terminations
Although an individual can be fired unfairly, it does not constitute that he or she was terminated unlawfully. Since the state of California practices At Will employment, it is important to consider if your case pertains to the exceptions of this rule. The most common exceptions to an At Will employee contract can be: Discriminatory reasons such as an employee’s gender, age, or ethnicity, Seeking retaliation because an employee complained of discrimination or any other form of harassment.
If you or a loved one was fired based on these reasons, there are important points that need to be followed.
Justin King – Wrongful Termination Attorney Serving Ontario, CA & Surrounding
At The Law Offices of Justin H. King, we understand the serious consequences that a employment termination can have on your life, family, and future. Our experienced wrongful termination attorneys work hard to ensure that your legal rights are protected and that you receive the compensation you are entitled to. If you were terminated from your employment in an At Will state such as the state of California, it is essential that you oversee your legal rights. While the law can be complicated to understand, seeking professional advice from an experienced attorney can bring comfort to your case.
Contact Justin H. King: No Obligation – Always Confidential
One of the most significant factors in an unlawful termination incident is time. If you or someone you know has an unlawful termination case, it is important to consult an experienced and qualified attorney. A qualified attorney can be beneficial in providing numerous solutions and/or alternatives for your case. More importantly, the attorney will advocate for you and your rights. Waiting too long to see if your termination was unlawfully made may cause your case to fail for waiting too long to present it.
At-Will Employment
It is a common belief that if an employee is discharged from his or her position without a valid reason, that this particular employee has grounds for suing. Unfortunately, in the state of California, this is inaccurate.
Most employment contracts in the state of California have what is commonly known as an At Will clause within the agreement. This means that the supervisor or other employee-overseeing agent can discharge a worker for any reason or for no reason at all. While this can be surprising to many, At Will employment contracts give employee supervisors the authority and permission to discharge employees at their discretion. Even discharging those employees that they perceive to be no longer performing up to standard, among many other reasons is common. While At Will employment can seem very standard and provide little to no support for you case, this does not apply to every employee’s termination incident. After all, there are exceptions to At Will contracts. Employers, supervisors, and all other employee overseeing agents are not permitted to violate employee rights or employment laws. This means that an employee cannot be discharged from a position based on discriminatory practices. To do so would be considered illegal.
Exceptions to At Will Employee Contracts
There are various employee rights that are, for the most part, legally protected. A workplace supervisor cannot discriminate employees on the basis of age, sex, race, disability, or national origin, among other individual factors. Further, if an employee has reported on his or her supervisor for committing an act of crime, employers cannot single out and discriminate that employee. Much less retaliate against that employee and discharge them of his or her position for practicing what is also known as whistle blowing. To further explain, whistle blowing can pertain to the following examples:
Contacting an agency, such as the Occupational Safety and Health Administration (OSHA), to bring forth unnecessary workplace hazards, unhealthy employee exposures, issues with employee safety or other workplace violations.
Another leading example in which employees cannot be discriminated against and thus be wrongfully dismissed is if the employee has engaged in certain protected activities. An example of a protected activity can be an employee who has filed for a workers-compensation claim. If you or a loved one has been fired from a job based on unlawful and discriminatory practices, there might be an opportunity to seek compensation.
Having an Employee Contract
Having an employee contract can be a very important factor as to when you can and cannot be discharged from a position. If any worker has an agreement with his or her employer, the employee most likely cannot be terminated without just cause. Just cause refers to the notion that an employer needs a valid reason as to why an employee should be terminated. One of the most common ways an employee can obtain an agreement with his or her employer is if the employee belongs to a worker’s union. Without a contract, it is likely that employer supervisors can terminate workers for almost any cause. This includes the simple notion of not liking the persona of the employee in question.
