The Sensitivity of Employment Litigation

man getting fired

Wrongful termination laws vary from state to state, but it is always important for both the employee and the employer to keep all documentation from the time of hire.

With the economy being what it is, layoffs are unfortunately a common reality. When a layoff hits, a considerable amount of people become unemployed overnight, usually due to budget cuts; however, oftentimes an individual may be fired or terminated for the wrong reason. Being laid off can not only be emotionally overwhelming for the employee and his/her family, but it can also lead to severe financial hardship if the person isn’t eligible for unemployment right away or doesn’t find new employment immediately. Therefore, you should seek legal counsel at once if you believe you have been wrongfully terminated.

To begin, we should first define wrongful termination. As the term suggests, it is the circumstance in which a person’s employment is terminated for reasons that are discriminatory and unlawful. This includes letting a person go due to race, age, sex, religion, sexual preference, weight, national origin, etc. The law protects employees in these types of situations so working with experienced wrongful termination attorneys will generally lead to a positive outcome for the victim. Additionally, it’s important to note that these laws don’t apply solely to termination but also to the denial of a promotion. With that being said, laws do vary from state to state, but each state has laws to protect employees in the event that they are wrongfully terminated.

In the state of California, wrongful termination cases can be a bit of a different story. Due to the fact that the majority of employers in California hire “at will”, which is a term used to describe a contractual relationship in which an employee can be fired for essentially any reason besides one based on discriminatory/illegal reasons, it can be difficult to prove that a termination has in fact been wrongful.

Due to this, it is highly important that employees keep copies of all pertinent documents (hiring letters/emails, performance evaluations, etc.), so that an attorney has enough necessary information to properly evaluate the potential case and better assist the victim.

Being let go can be devastating and leave a person in a state of shock. If you believe you have fallen victim to wrongful termination, it is in your best interest to contact a wrongful termination attorney to see if you have a case; even if making the decision to take action and fight back is daunting. Time is of the essence, so don’t wait until it’s too late and you find yourself in a financial rut.

McFarlin LLP is thoroughly seasoned when it comes to Employment Litigation Law in California. They offer free consultations to prospective clients in California, Utah and Nevada. For inquiries, contact them via phone or email.

Cybersecurity Continues to be a Problem for Businesses

Cybersecurity

A lack of Cyberecurity is costing businesses billions of dollars and making it easy for hackers to get into their systems.

A new study recently revealed that hackers have cost consumers and businesses between three hundred and seventy five billion dollars and five hundred and seventy five billion dollars worldwide, with North America and European businesses suffering the highest losses.  This figure is only expected to grow, as the government continues to search for solutions to cybersecurity. According to an article recently completed by JD Supra Business Advisor, the Obama Administration has produced a voluntary framework of guidelines that offer up the best practices and standards designed to help companies protect their networks from hackers.  However, these suggestions are just that—voluntary recommendations; it remains to be seen whether the majority of businesses in the United States will implement the plan.

The presidential administration has called on Congress several times in the past to enact legislation to strengthen cybersecurtiy and help businesses combat hackers.  The House and the Senate have both attempted to create and pass legislation to help in the issue.  However, they have always struggled to pass any offerings due to privacy concerns.  This is true in the most recent attempt by the Senate Select Committee on Intelligence, which attempted to pass the Cyber Information Sharing Act, otherwise known as the CISA.  The act insisted upon data being shared between the government and companies, in the basis that open lines of communication would help stop cyber-attacks.  Those who support the bill believe that this sharing of information can help protect businesses from future litigation and lawsuits, as disclosing the data and details of any cyber-breaches could cut back on the legal aspects of the process.  Those who oppose the bill, however, believe this requirement to share information fails to protect the privacy of Americans.

Regardless of those for and against this bill, all can agree that something needs to be done on the issue.  Currently, the lack of federal legislation means businesses must develop and execute their own form of cybersecurity.  These plans are often complicated—including provisions for protecting valuable data and a plan of action should a cyber-breach actually occur.  While preparation is of course necessary, it is only made more difficult by the fact that businesses are alone in the task.