Being fired from your job is difficult, especially if you may have been fired illegally. There are many things to consider when you've been terminated, wrongfully or otherwise. You may want to find out about the law, the best way to find a new job, how to inform your friends and family, or read some ideas on making ends meet without a paycheck. Our wrongful termination attorney will help employe as well as employee correctly understand what is wrongful termination and thus protect their legal interest respectively.
It is important to talk with an employment attorney as soon as possible after the wrongful discharge if you think you have been improperly terminated from your job. You may have actionable rights the can be asserted on your behalf if you pursue the action with an attorney before any relevant statutes of limitations run on your employment claim or before the availability of any state required administrative pre-filing investigatory procedures can no longer be timely filed. If you think that you have been the victim of adverse employment action by your employer you should discuss the possibility of filing a wrongful termination lawsuit against the employer with an experienced employment attorney right away in order to fully preserve and protect your rights and interests against any additional damages.
Any of the following improper acts by an employer against an employee may constitute an adverse employment situation culminating in a violation the law which will giving rise to a cause of action by the employee against the employer for wrongful termination:
• undue close supervision and/or scrutiny
• a constructive discharge
• a demotion
• a denial of tenure
• employer failure to accommodate
• employer failure to grant leave
• employer failure to rehire
• employer failure to hire
• employer failure to promote
• harassment on the job
• hostile work environment
• isolation or ostracization
• loss of benefits
• loss of pay
• loss of seniority
• negative evaluation
• negative job reference
• employer pay increase denial
• employer reassignment or transfer
• reduction in pay
• complete termination of the employee
The law requires that if an individual believes they have been harmed by the wrongful conduct of another, they must bring a lawsuit within a specifically limited period of time. This is called a statute of limitations. Failure to bring a lawsuit, or take the required pre-filing actions concerning preserving that right to sue, such as filing a claim of discrimination where required with a State administrative agency or the federal agency like the Equal Employment , may eliminate your right to recover damages if that other party is found liable.
In China a cause of action for wrongful termination due to employment discrimination, harassment, retaliation, denial of medical leave, denial of accommodations, pregnancy leave , or wrongful termination can have a statute of limitations as short as just one year. In addition, China employment law may also require that the employee obtain a “right to sue” letter from a State agency or commission against discrimination enforcing China antidiscrimination law or alternatively a government agency enforcing China antidiscrimination laws such as the Equal Employment Opportunity Commission. The “right to sue” letter will designate a time period within which the employee must file a lawsuit against the employer or lose his or her right to sue. That time period may be as short as ninety days after notice of the agency decision on the claim. The inescapable conclusion for any employee who believes that they have been wrongfully treated by an employer is that he or she must seek out the assistance of an experienced employment lawyer as soon as possible in order to preserve his or her rights and interests from the effects of inadvertent claimant negligence or laches.
What constitute a wrongful termination in China employment law
The elements of a wrongful termination lawsuit will differ in response to the employment status of the aggreived employee intending to file that cause of action against his or her former employer. The basic elements of a cause of action for wrongful termination or discharge will differ where the employee at issue is an employee at-will, an employee under contract with the offending employer or an employee that is a member of a labor union who has been wrongfully terminated by their former employer.
•There must have been a written, signed contract for employment between the employer and the discharged employee.
•The employee must have been terminated by employer actions which resulted in a breach of the employment contract.
•The employee must have suffered physical or financial damages as a result of the breach of the contract by the employer.
Our wrongful termination lawyer can help if your employer fires you for an unfair reason. Wrongful termination occurs when your employer breaks an employment agreement with you, violates an employment or anti-discrimination law, or fires you in retaliation for whistle-blowing or for filing a sexual harassment or workers' compensation claim. If you think you were wrongly fired, talk with a wrongful termination lawyer to see if the circumstances of your firing justify a claim.