Wednesday, November 26, 2008

Statistically Probable Unlawful Termination Case

The California Labor Code mandates that an employee is considered as “at-will” employee unless he/she is hired for a certain period. It implies that an employee could be fired for any reasons or no reason at all. However, an employee could not be fired because of discrimination or unlawful causes.

Hard data on employment litigations are elusive although a widespread perception tells us that employment cases in both state and federal courts have swelled up.

Consequently, most studies on employment cases such as wrongful termination have focused only on jury verdicts rather than on the total filings.

For instance, a Phoenix private preschool teacher won $1.8 million award in a wrongful termination case. Also in 2003, a Yuba County California jury has awarded a doctor a staggering amount of $24 million in compensatory and punitive damages for his dismissal from a hospital.

Figures might not have been exact to inform us of the real deal on wrongful termination. But the fact remains that many employers have exercise their power to terminate indiscriminately.