Losing your job is awful, regardless of why you were fired. You may be under the assumption that there’s nothing you can do, but legal options do exist for those who were unlawfully terminated. If your termination is based on illegal reasons, like filing a harassment complaint or asking for reasonable disability accommodations, you should speak with a Glendale wrongful termination lawyer right away.
Understanding What it Means to be Wrongfully Terminated
Workplaces in California are generally governed by the at-will policy, so your employer can essentially fire you for cause or no cause. However, an employer cannot commit a public policy / labor law violation by taking adverse action against an employee.
Though employers are not required to do so, many of them provide a reason for termination, like poor work performance or missing too many days of work. This is matter of courtesy, but it can also be a tactic to cover up the real reason for why you are being fired.
So, when your employer tells you that your work isn’t up to par, though your performance reviews say otherwise, it’s possible that you are actually being fired for:
Complaining about unfair treatment, unsafe work conditions, and other violations
Discrimination based on a characteristic protected by federal and state laws.
Retaliation after filing a labor board or other government agency complaint.
Proving a Case of Wrongful Termination
It can be extremely challenging to gather evidence and build a compelling case to show that you were wrongfully terminated. A California employment lawyer is your best ally if you wish to pursue a claim for unlawful termination. We find that it’s best for the employee to have as little contact with their employers and leave all communications to a law firm that specializes in wrongful termination complaints. We are happy to hear your story and talk to you about the ways we can help during a free, private consultation.
I was Fired without Notice – Does This Count as Wrongful Termination?
This is a great question, as many people assume that employers give you at least a couple of weeks’ notice when they are firing or laying someone off. So, it can come as quite a shock when you are called in to your supervisor’s office and told that your services are no longer needed, and today is your last day of work.
Since California operates under the policy of at-will employment, employers are not required to give you any kind of notice. And you, as the employee, do not need to give notice if you wish to quit your job right on the spot.
However, terminating without notice is governed by certain rules, like having a check ready for the employee that includes all their earnings (including commission and promised bonuses) up until the moment of termination. If your employer fails to have this ready for you, a “waiting time penalty” may be assessed by the state labor board.
What if I have an Employment Contract?
It’s not a common practice in at-will states, but some employers do have contracts that spell out how and when they can fire an employee. This agreement is signed by both the employer and employee, and the terms include a specific duration of employment, like 1 year, before the contact is extended or terminated by either party.
Certainly, termination when there is a work contract presents unique challenges for the employer. But there are terms in these contracts that can affect your rights as well when it comes to things like non-compete agreements and if you are paid for the remaining time that’s left on the contract.
Whether you have an unemployment contract or not, your employer cannot violate anti-discrimination laws and other policies that are designed to prevent wrongful terminations. Advice from a wrongful termination lawyer in Glendale is crucial to ensuring that you are not taken advantage of, which you will find 24 hours a day, 7 days a week at California Labor Law Employment Attorneys Group.
Steps to Take after a Wrongful Termination
The first and most important step after a wrongful termination is to learn about your rights from a lawyer that’s knowledgeable in California’s labor laws. When we meet with prospective clients, there are many issues that need to be covered before we can determine if you are a victim of termination under illegal circumstances.
This can be a confusing concept, as there are plenty of situations where the employer is clearly unfair, unhinged, impossible to please, etc., and you losing your employment was definitely unfair. But unfair is not the same thing as unlawful, and this is a critical distinction that needs to be determined by a wrongful termination lawyer. If it turns out that your employer is in violation of state and/or federal laws, we can go ahead with a complaint or lawsuit and fight for the recovery you deserve.
Common grounds for a wrongful termination case include discrimination based on sexual orientation, religious beliefs, age, gender, political affiliations, and other protected categories. Firing someone on the basis of protected characteristics is a violation of the California Fair Employment and Housing Act. For more information on filing a legal action for wrongful termination, don’t hesitate to give us a call.
Can I Sue my Employer if I was Wrongfully Terminated?
This may be one of the options that are available to you as someone who was terminated unlawfully in Glendale, California. And we can certainly agree on the importance of taking action to hold your employer accountable, considering the physical, mental, and financial impact of a wrongful termination.
As California employment attorneys, our job is to determine if your employer committed a legal violation by terminating your employment. If so, California is fortunately geared towards protecting workers and providing a wide range of protections in the event someone is fired based on illegal reasons, like discrimination or retaliation for doing something that’s within your rights.
A common example if an employer terminating someone’s employment after they return from medical leave, which they are allowed to take under the Family and Medical Leave Act (FMLA). Alternatively, they do not fire you right away, but tell you that your work contract will not be renewed for the upcoming year.
Perhaps you are doubting your suspicions and telling yourself not to overanalyze things. But since we provide free consultation, it wouldn’t hurt to reach out and talk about what you went through with one of our legal experts. That way, you are not left without answers when it comes to the following issues:
Did I get fired for a reason that goes against the law?
Do I have the option of suing my employer for unlawful termination?
What kind of expenses can I recover if I succeed in a wrongful termination lawsuit?
Our attorneys are happy to go over any questions and concerns that are on our mind during a free, private case review.
Do I Qualify for Unemployment if I was Fired?
Whether you can receive unemployment is on most people’s minds when they lose their job. The laws in California are very progressive, and the rights of workers are generally favored over that of the employer. More often than not, employees who were fired qualify for unemployment benefits, unless their termination was based on misconduct.
Yes, the system is beneficial to you as the employee, but employers have the right to fight back, and they are likely to do so as a form of retaliation. That’s why we urge you to speak with a Glendale employment rights lawyer, even before you file an unemployment claim. That way, you know what to expect in terms of challenges from your employer and what to do say to the unemployment board if they need to speak with you.
The truth is, most employers are fully aware of what counts as wrongful termination, and they are not going to admit the real reason for why you were fired. Instead, they will come up with accusations about your work performance, attitude, unreasonable demands, etc. in order to deny you these valuable benefits. To maximize your chances of succeeding in an unemployment claim after a wrongful termination, please get in touch with us at your earliest convenience.
Looking for Work During a Wrongful Termination Case
The future looks bleak and dismal when you are fired, and you are uncertain about what the future holds. At the end of the day, taking care of yourself and your family is your number one priority. That’s why we encourage you to apply for unemployment, as many people who are fired from their job still qualify for job loss benefits. Filing for unemployment is very important when you are wrongfully terminated, since you want to make it clear that you are fighting for the payments you deserve by law.
After you submit an unemployment claim, start looking for work, as long you are physically able to do so. In the event you were fired while you were out on medical leave, make sure that you are fully recovered from your physical and/or mental ailment.
According to the laws in California, you are not required to accept a job that is substantially lower in pay and benefits, compared to the job you held at your former employer. The reality, however, is that most people need and want to work instead of trying to get by on whatever they receive in unemployment.
Looking for a job is the best course of action in our opinion when you are in the middle of a wrongful termination complaint. You should document your job search with pertinent information, like your position, how long you worked there, your hourly pay, and any benefits offered by the employer. Depending on how long it took you to find employment that’s comparable to your old job, we can fight for compensation to make up for the impact on your finances.
Monetary Restitution if You Succeed in a Case for Wrongful Termination
For anyone that’s been wrongfully terminated, it’s essential to learn about the monetary damages that can be recovered in a lawsuit. The specific payments vary somewhat from one case to another, but there are general categories that apply in most claims where an employee is unlawfully fired. Damages from a lawsuit against your employer may include:
Lost wages in the form of back and front pay
Compensation for loss of job benefits, like healthcare costs, disability insurance, 401k contributions, etc.
Emotional for psychological damage caused by an illegal termination
Damage to your professional reputation and future job prospects
Cost of hiring a Glendale wrongful termination attorney
It’s worth noting that very few wrongful termination lawsuits are tried in court. Frankly, reaching a settlement out of the court is the most efficient solution – time and moneywise – for all the involved parties. However, a small fraction of cases do go to trial, and the conduct of your employer may qualify you to receive punitive damages. These are additional monies that are awarded by a jury in cases where an employer’s actions are found to be particularly egregious or malicious.
Lawyers Specializing in Wrongful Termination Cases
As someone who was wrongfully terminated, it may seem like there are no options. But California’s laws offer a wide range of protections, which we can help you explore during a free case review.
Along with decades of experience in employment rights violation cases, we have a policy known as the Zero Fee Guarantee. If you decide to receive representation from our law firm, we will never ask you to pay upfront for legal services. That means we put up all the costs associated with your case and wait till your settlement is recovered in order to recoup our expenses. As we only get paid by winning your case, there is no loss to you whatsoever if we fail to recover compensation on your behalf.
We look forward to fighting for your rights and holding your employer accountable if you were terminated for an unlawful reason. Please take a moment to contact us and schedule a free case evaluation.
