Were you recently fired from your job with little to no explanation from your employer? Or, do you suspect that the reason they gave is invalid, or an excuse to fire you over something else? If so, you may have grounds for a wrongful termination lawsuit.
The problem is, it can be difficult to distinguish whether a termination in unfair versus unlawful. A wrongful termination must involve a violation of state and/or federal labor laws, and this is where many people are confused about their rights.
The lawyers of California Labor Law Employment Attorneys Group can help you determine if you were wrongfully discharged from your job. Our legal team is ready to hear your story and provide advice regarding your legal options. To schedule a free case evaluation, contact our office as soon as possible.
Common Examples of Wrongful Termination
Wrongful termination, also known as wrongful discharge, can happen due to a variety of circumstances. These include, but are not limited to:
- An employment contract is breached by the employer, such as firing the employee before the contracted term
- The worker is fired after taking time off for protected medical or family leave, or military service
- You are fired after reporting criminal activity or a safety violation at your workplace (whistleblowing)
- The employee is fired after refusing to do something that goes against the law
- Working conditions become intolerable to the point where the employee is forced to give up their job (constructive dismissal).
- The employee is terminated after filing a complaint about bullying and harassment based on their skin color, gender, religious beliefs, sexual orientation, etc. (discrimination of a protected characteristic)
Do any of these statements resonate with you? If so, you should take some to speak with an employment lawyer, who can verify your eligibility for a wrongful termination complaint. For more information on pursuing an employment law violation claim against your employer, give us a call at your earliest opportunity.
Laws that Define Wrongful Termination
Employees have strong protections against wrongful discharge, under both California and federal laws. Here are some of the statutes that protect workers from being fired illegally by their employer:
- Employee Polygraph Protection Act
- Civil Rights Act of 1964
- California Fair Employment and Housing Act
- Occupational Safety and Health Act (OSHA)
- Immigration Reform and Control Act
Unfortunately, many workers are unaware of these protections, and they believe that there is nothing they can do if the employer decides to cut off their employment. That’s why so many people walk away from their jobs without saying or doing anything, even though they do have options under the law. However, proving that your boss violated employment laws by firing you is not an easy task. That’s why you should consult a wrongful termination lawyer, who can help you pursue a claim.
How to Tell if You were Wrongfully Discharged
There are many factors that indicate the possibility of wrongful termination if you have recently lost your job. If you look back on your experience from the moment you were hired, were there ever instances of people at your job making offensive or harassing comments? Were you the target of discriminatory treatment, like denial of work opportunities, bonuses, and invitations to work events?
These are examples of discrimination, and that may be the reason you were fired. However, most cases of wrongful discharge involve retaliation, meaning your employer is punishing you for asserting your rights in the workplace. For instance, you may have gone to HR or filed a complaint with the state labor board about the treatment you were receiving. Your employer decides to punish you for speaking out, and this is why you were fired.
Keep in mind that you will need proof of your employer’s conduct, as they can easily say that your work performance or some other legitimate issue is why they fired you This is why it’s important to seek help from a California employment attorney, who can help you gather evidence and put together a strong and compelling case.
What are My Rights as a Victim of Wrongful Termination?
If you were fired illegally from your job, you may have the option of suing your employer for monetary compensation. The course of action that is right for you depends on various factors, which we can discuss with you during a free consultation.
Most legal cases start with a labor law violation complaint, which is filed with one of two agencies: the Equal Employment Opportunity Commission (EEOC) and the Department of Fair Employment and Housing (DFEH). These are two different agencies, but they both handle complaints regarding employment laws, including those that have to with wrongful termination.
Once you file a claim with one of both of these entities, you may receive a notice (Right to Sue), which allows you to file a lawsuit with the civil court. If you decide to sue your employer, you can ask for a variety of monetary damages, which we will go over in the next section.
Compensation Obtained in a Wrongful Termination Lawsuit
The point of a lawsuit against your employer is to hold them accountable for their wrongdoing. But you also need compensation to cover the damage to your finances, which is why it’s essential to learn about the payments you are entitled to. Those who succeed in a wrongful termination claim against their employer may receive:
- Back pay and front pay (lost wages)
- Lost work benefits
- Pain and suffering
- Damage to your professional reputation
- Emotional distress
- Punitive damages
- Legal fees
At the end of the day, wrongful termination is illegal and should not be tolerated. It’s a scary prospect to go up against your employer and demand justice for the harm they caused. It may seem like they have the upper hand, but it’s possible to succeed in a lawsuit for unlawful termination with help from one of our attorneys. Our sole mission is to represent your interest and help you obtain maximum compensation if your rights were violated by your employer. Please take a moment to contact us and learn about your rights and legal options.
Zero Fee Guarantee
We understand that hiring a lawyer is a big step for those who are already struggling with their finances after being fired illegally. With that in mind, we are happy to take your case on contingency, meaning you can hire us without paying a retainer or hourly fees. Our payment is based on winning your case and receiving a percentage of the payment you receive from your employer. If we do not recover your settlement, you pay us $0 in legal fees, thanks to the Zero Fee Guarantee.
If you are ready to discuss your case with our team of employment attorneys, contact us 24 hours a day, 7 days a week.
