WRONGFUL TERMINATION ATTORNEYS LOS ANGELES COUNTY
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A Wrongful Termination Attorneys Los Angeles County claim is a tort-based claim for the termination in violation of public policy. As discussed in the previous article (hyperlink), the public policy must be 1) based on a constitution or statute, 2) intended to benefit the public, 3) established at the time of the Wrongful Termination Attorneys Los Angeles County, and 4) substantial and fundamental. Determining whether the reason for an employee’s termination actually violated public policy is complex and should be done in consultation with a licensed attorney.
Another consideration in determining whether an employee has a legitimate Wrongful Termination Attorneys Los Angeles County claim is causation. In other words, can the employee prove that the termination was motivated by the Wrongful Termination Attorneys Los Angeles County reason which violates public policy? For example, let’s assume an employee reports that she was sexually harassed by her manager. If she is subsequently terminated, then she would have both a Fair Employment and Housing Act (FEHA) claim and a Wrongful Termination Attorneys Los Angeles County claim. To prevail on her Wrongful Termination Attorneys Los Angeles County claim, she must prove she was terminated because she had reported the sexual harassment. Her employee could potentially argue that they had actually terminated her for another reason, such as insubordination, poor work performance, etc.
WRONGFUL TERMINATION ATTORNEYS LOS ANGELES COUNTY
Proving what the actual reason for the termination was would require evidence. It would be important to interview witnesses and obtain documents that would support the claim that the employee was terminated in violation of public policy. Identifying the witnesses and evidence that will support a Wrongful Termination Attorneys Los Angeles County claim is best done in consultation with a licensed attorney who has experience proving Wrongful Termination Attorney Orange County claims at trial.
If you have been terminated from your employment and believe it may be for a reason that violates public policy in Orange County, Riverside County, Los Angeles County or San Bernardino County, please contact Stevens & McMillan at (800) 738-3353 for a free consultation. This article has only touched on the general scope of the law and is for information purposes only. This article is not intended to give legal advice.
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What is the difference between wrongful termination laws in the United States and Italy?
Wrongful Termination laws protect employees against an arbitrary discharge or firing that is discriminatory. This law can provide employees protection from unfair or disingenuous termination. It is especially beneficial considering the “at-will” nature of American employment. At-will employment allows an employer to terminate an employment relationship for any reason. This is in contrast to the “at-will” nature of American employment. Wrongful Termination laws provide protection and recourse for employees, who are usually the most vulnerable in an employment relationship. This paper will compare wrongful termination laws with litigation involving these laws in Italy and the United States. Both countries are well-regulated and have different termination policies. The pre-requisite investigation of the principles and the outcomes of legal actions relating to employee dismissal will try to place the U.S. employment termination structure in a wider context to help evaluate its results. This research is useful because it provides a narrow comparison that has little scholarly support. While there are numerous comparative studies of this topic among the U.S. and other developed nations, such as the United Kingdom and China, Japan, and Australia, there is no focus on Italy. It is important to note that although Italy is one of the most important trading partners, it has very different employment laws.
Overview of Legal Employment Termination Schemes
Italy
- It is required that termination of employment must be for just cause under Italian law. There are two main categories for these reasons: “just cause” and “justified reason”. These are more serious and specific reasons to terminate employment. Further, justified reasons can be divided into subjective and objective reasons. If the employee is facing economic hardships, the objective reason will be used to justify firing the employee. Subjective reasons are more serious than just cause reasons, and the employee may be violating contractual obligations. In cases of justified reason, the employer must give notice to employees before they terminate employment. This is a notable distinction between just cause and justified reasons under Italian law. In cases involving justified reason, the employer has to show that the termination was justifiable. An employee can contest a formal dismissal within 60 days.
United States
- At-will employment is the American term for an employment relationship. Employer or employee can end the employment relationship at will without stating a reason. Different states have different laws regarding this relationship, some more strict than others. Alabama, for example, does not have any racial discrimination laws regarding employment termination. The civil rights act of 1964 federal law prohibits discrimination based on race, color, religion, or national origin by employers. 7 This is very similar to the laws in Italy concerning categories that are exempted from termination discrimination and protected from employment. The United States law includes what is called “implied protection”, where a verbal agreement of the terms of employment is still valid and termination is not considered illegal. This contrasts with Italian labor laws, which require written contracts for all employee relations and terminations. This law is, therefore, more protective than Italian law.
Maximum Compensation
Italy
- In 2015, the Jobs Act was adopted in Italy. In 2015, the Jobs Act was implemented in Italy. 6 The award will include back wages that employees owe.
United States
- In the United States, there is no maximum amount for cases of wrongful termination. Back wages, which are not available in Italy, can be added to any financial legal award in the event of wrongful termination. Many cases involve multimillion-dollar settlements in wrongful terminating cases.
Notable cases
Italy
- In a whistleblower case against BT Italia, an executive from the Italian company was awarded a settlement of 1.8 million euros. This was even though he was being investigated for criminal conduct within the company at the time 8. As a result, large monetary settlements are rare as the maximum amount allowed under Italian labor law is already established.
United States
- Juarez, AutoZone Stores, Inc. was the largest settlement in a wrongful termination lawsuit in the United States. It was $185,872,719.52. case. The plaintiff was accused of discriminating on the grounds of her gender and pregnancy. 9 She was fired for theft. 9 The damages that were awarded also included money for emotional distress. This is an important consideration in employment. The American legal system is blessed with the ability to award emotional damages in cases of wrongful termination. Another case to note is Ortiz, in which the plaintiff claimed she was fired because of previous worker compensation filings. Chipotle claimed she was being fired because of theft. However, as the evidence was allegedly thrown out, the courts sided in favor of the plaintiff. 10In Adams v. George W. Cochran & Co an employee was terminated after he whistleblowing about his employer’s poor practices. The case won by the plaintiff supported the idea that employees shouldn’t be forced to choose between their personal or moral beliefs and employment. Also, the employee received lost wages. The employee also received lost wages. This is an important benefit in wrongful dismissal cases because many people can’t even meet their basic needs without regular and continuous income.
Conclusion
Initially, the legal provisions in Italian labor laws seem more protective than those in the United States. However, the legal outcomes of U.S. wrongful termination litigation were more generous and favorable to employees in cases of wrongful firing. A legal recourse option is a form of legal protection, given the importance of employment. Employers who attempt to target employees unfairly should be warned that the damages they award are substantial.
This rigid legal structure for employment termination, as Italy has it, is not the best. Additional state-specific provisions support employees in America. Specific legal cases and the outcomes in favor of wrongfully fired employees show the strong position that employees enjoy in the U.S., something that might not be apparent when comparing employee termination provisions in the U.S. and Italy.
This comparison shows that the U.S. is a great place for employees, with protections through wrongful termination laws globally. However, other countries may have stricter termination laws. In legal cases, employees may not be able to return to their employers if they are subject to rigid wrongful terminating laws.
Question and Answer
Can my employer change my job role without my consent?
In general, employers have the right to change an employee’s job role or responsibilities, even without the employee’s consent, as long as the changes are within the scope of employment and lawful. Employment relationships are typically governed by employment contracts, collective bargaining agreements, or applicable labor laws, which outline the rights and obligations of both employers and employees.
Here are a few key points to consider:
- Employment contracts: If you have an employment contract that specifies your job role and responsibilities, the terms of the contract generally dictate what changes can be made. Employers may need to adhere to the terms of the contract and seek your consent before making substantial changes to your job role. However, keep in mind that employment contracts can have provisions allowing for changes in job roles or duties.
- At-will employment: In the absence of an employment contract or collective bargaining agreement, employment in many jurisdictions is considered “at-will,” which means that employers have the right to change an employee’s job role or responsibilities without their consent, as long as the changes are lawful. However, employers must still comply with applicable employment laws, including those related to discrimination, harassment, and other protected rights.
- Reasonable changes: Employers typically have the right to make reasonable changes to job roles or responsibilities for legitimate business reasons. This may include reorganization, downsizing, technological advancements, or other operational needs. Employers should generally consider the impact of such changes on employees and strive to communicate and manage the changes effectively.
- Constructive dismissal: In some cases, significant changes to job roles or responsibilities may be viewed as a form of constructive dismissal. Constructive dismissal occurs when an employer makes fundamental changes to the terms and conditions of employment, essentially forcing the employee to resign. The specific circumstances and applicable laws can determine whether a claim of constructive dismissal is valid.
It’s important to consult with an employment attorney who can provide legal advice based on the specific laws in your jurisdiction and the details of your employment situation. They can assess the terms of your employment agreement, review relevant laws, and provide guidance on your rights and options if you believe your employer’s actions are unlawful or unfair.