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There are several reasons why you may need the services of dismissal lawyers unjustified . A worker could be the victim of unjustified dismissal as they are becoming more frequent. Sometimes it usually happens after the worker suffers a serious injury in an accident at work. In this way, employers seek to avoid paying de worker compensation in California .
We are experts in labor law. We can help you prepare a claim, if you have been the victim of a similar situation. In addition to unjustified dismissals after a work accident with injuries, there are dismissals for discrimination. Also for pregnancy or filing a claim, just to mention a few. In these cases, it is possible to file a lawsuit for violation of the employment contract.
In California, a worker can be legally fired since the vast majority of employees work out of their own free will. That is, employees could be fired at any time by the employer without prior notice. However, the Employment Law has a series of legal assumptions. These protect the worker against un dismissal unjustified .
An employer cannot fire a worker whenever they feel like it. The dismissal must be fully justified within the current legal framework to avoid injustice. However, there are situations in which, due to the non-existence of a signed employment contract, the employer can legally terminate the employment relationship. No need to justify the dismissal. There are also legal reasons to file a lawsuit when the worker considers that his dismissal violated the Law of Dismissal Unjustified of California.
When is dismissal considered unjustified?
A dismissal is unjustified when there is a termination of the contract or the employment relationship. Under conditions that violate one or more state or federal laws. Likewise, when a written or de facto contract is deliberately breached. The definition of dismissal unjustified may vary by legal status.
According to the legal definition, some of the violations of the law that constitute unjustified dismissals are the following:
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Unjustified dismissal for discrimination
If the worker belongs to one of the categories that are protected by law and the dismissal is based precisely on such categories. In the state of California the classes that are protected are:
Race
age,
sex,
religion,
sexual orientation,
nationality of origin,
expression Identity,
disability,
military/veteran status and medical condition, among others.
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Dismissal for violation of contract.
This situation occurs when the worker is fired in open violation of the terms established in the employment contract. A basic rule implicit in the contract is that the employee cannot be fired while he is working and fulfilling his tasks and duties.
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Fired for retaliation.
It is when the employer prohibits the employee from exercising his labor and legal rights in general when filing a claim for workers' compensation benefits, after suffering a work injury. Also when the employee is fired for serving as a witness in a case against the employer.
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Dismissal because the worker refuses to commit a crime.
Workers are sometimes required by their employers to perform tasks that expressly violate local, state, or federal laws. The law establishes that the employee cannot be forced by any employer to violate the law.
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Failure to comply with the dismissal procedures established in the worker manual.
Most of the time, companies establish in the manual for the worker the steps to follow in case of labor breach. When the employer fires the employee without adhering to the established procedure, it is also considered unfair dismissal.
What to do and how will a lawyer help you in the event of an unfair dismissal?
The first thing you should do is go to expert lawyers in improper dismissal unjustified o to guide you on the next steps you must take to obtain labor compensation. They will be able to review your case and help you navigate complex state and federal labor laws. Depending on the characteristics of the case, they will tell you what your rights are, the protections for employees provided by law, the possible compensation you can collect and the implications that unjustified dismissal may have, including in terms of human rights._cc781905-5cde -3194-bb3b-136bad5cf58d_ When a worker is fired from his job, he finds himself in a truly overwhelming situation. Many questions arise about how to deal with family expenses or who will pay the medical bills, if the dismissal occurred after an accident at work.
The worker must try to cope with the situation, seek the necessary legal help and follow our recommendations to protect their rights.
1. Keep record The dismissal
2. Review the employment contract
3. Do not assume a hostile attitude
4. Stay safe and calm
5. Lawsuit for unfair dismissal
