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SACRAMENTO EMPLOYMENT LAWYER
SACRAMENTO WRONGFUL TERMINATION LAWYER
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In California, the employee usually faces an uphill battle when trying to prove
wrongful termination. This is because the employer-employee relationship in
California is presumed to be "at will" unless the employee is hired pursuant to
a union contract or an individual employment contract "At will" means that an
employer can fire someone for any reason, as long as it is not an illegal one,
such as when someone opposes sexual harassment or other illegal activity and is
fired as a result of it.
However, the "at will" relationship can be modified either verbally or through
an employer's custom or practice. For example, if an employee handbook contains
a progressive discipline policy where verbal or written criticisms must be made
prior to terminating an employee, the employee may argue that the employee was
wrongfully terminated if the company did not follow its own policies in firing
the employee. Similarly, if an employer verbally assures an employee continued
employment, the "at will" relationship may found to have been modified, giving
the employee a reasonable expectation of continuing employment for some time in
the future, which might require the employer to establish "good cause" prior to
terminating the employee.
In the legal sense of the phrase as used under California state law, "good
cause" means "fair and honest reasons, regulated by good faith on the part of
the employer, that are not trivial, arbitrary, or capricious, unrelated to
business needs or goals, or pretextual. A reasoned conclusion, in short,
supported by substantial evidence gathered through an adequate investigation
that includes notice of the claimed misconduct and a chance for the employee to
respond." Cotran v. Rollins Hudig Hall Int'l, Inc. (1998) 17 Cal.4th 93, 108.
Although the Cotran Court recognized the need for deference to an employer's
decisions, the employer's discretion is not unfettered. (Id. at 101). Otherwise,
the employer's implied-in-fact promise to terminate only for cause would be
illusory. Wood v. Loyola Marymount Univ. (1990) 218 Cal.App.3d 661, 670.
Wrongful termination claims turn on the individual facts in any given case. It
is therefore important that the employee keep copies of any hiring letters,
employee handbooks, and performance evaluations so that a reviewing attorney can
better assist in evaluating the potential case.
It is important to know what to do to protect the legal rights of yourself and
your loved ones. Selecting the right Sacramento employment lawyer is an
important decision. You should choose someone who is experienced, aggressive and
dedicated to working to get fair compensation. Over the past we have
successfully handled thousands of Sacramento employment cases. That is why you
should contact the Sacramento Employment Lawyers Clancey, Doyle & O'Donnell.
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IT IS IMPORTANT TO PROTECT YOUR RIGHTS.
CALL SACRAMENTO EMPLOYMENT LAWYER TOLL- FREE
1-800-632-5529
Email Us - info@cdolaw.com |
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