A variety of laws exist to protect workers from abusive behavior by their employers. Wrongful termination is one of the practices that continue to hurt people working and living in Irvine, California. Terminations can be wrongful based on numerous reasons that you may not be aware of.
You have the right to take legal action against your employer and obtain compensation for any financial losses that you incurred after a wrongful termination. To ensure a successful outcome, make sure to work with a lawyer that specializes in labor law violation complaints. Our legal team is here to assist you, day and night, so contact California Labor Law Employment Attorneys Group as soon as possible.
California Laws Regarding Termination of Employment
Because California operates under the system of at-will employment, both employees and employers can sever the working relationship at any time. So, even if your work performance is satisfactory and there are no issues that merit a termination, your employer can make the choice to fire you. Conversely, you can also quit your job at any point without legal penalties, unless you have a contract that obligates you to stay for a specific duration of time.
Unfortunately, the at-will employment system can be easily exploited to fire workers for illegal reasons. Thus, it’s essential that you understand the laws that protect you from illegal termination by a California employer. Laws that are critical to your employment rights include:
The Civil Rights Act of 1964
– a federal legislation that protects workers from discrimination based on protected characteristics, like sexuality, gender / gender identity, ethnicity, age, race, disability, and pregnancy.
The Age Discrimination in Employment Act
– under this law, employers cannot make negative employment decisions (like demotions and firings) based on the worker’s age. The law applies to all employees that are over 40 years old.
The American with Disabilities Act
– those who have a medical condition that the law defines as a “disability” have the right to seek reasonable accommodations to help them perform their job. Employers also cannot fire someone on the basis of a physical or mental disability.
Keep in mind that these are federal regulations, and there are separate laws at the state level that define and prohibit wrongful termination. If you have reason to believe that you were fired for a reason that violated state and federal laws, give us a call here at California Labor Law Employment Attorneys Group. We can provide you with a free case evaluation and determine your eligibility for a wrongful termination lawsuit.
Examples of Wrongful Termination
Most incidents of wrongful termination are based on discrimination, but this is not the only labor violation that may be involved. That’s why you should carefully examine your experience leading up to the moment you were fired, and see if any of these categories apply to your situation:
Retaliation
– punitive measures by an employer that is often based in discrimination. However, an employer can also retaliate and fire you for engaging in protected activities such as reporting safety violations, filing a harassment complaint, or disputing an unfair demotion,
Whistleblowing
– the act of reporting illegal or unethical workplace activities to a government or law enforcement agency. Whistleblowing is a protected activity, meaning your employer is prohibited from firing you or taking other adverse employment actions.
Discrimination
– basing a termination on your personal bias against the worker’s race, gender, age, and other protected traits.
Breach of public policy
– termination because you requested time off to perform a civic duty, like voting or reporting for jury duty.
Breach of contract
– essentially, your termination violates an existing written or verbal contract between you and your employer.
Protected leave violation
– firing someone because they asked for or came back from leave they are legally entitled to (medical leave under the FMLA, pregnancy leave, military service, etc.)
Finding Evidence for a Lawsuit
All legal cases are based on evidence, and that principle is no different when you are suing your employer for wrongful termination. Gathering evidence can be very challenging, especially if you are no longer at your workplace. That’s why it’s important to collect evidence all along if you are facing unlawful treatment, like discrimination and retaliation.
To build a strong and compelling case, here are the types of evidence you should look for:
- Emails, and other communications from your supervisor, Human Resources, etc., if you filed a complaint.
- Written statements from coworkers who witnessed the treatment you received or went through a similar experience.
- A history of discrimination, bullying, harassment, etc. from your employer that led up to you losing our job.
- Your work contract, if any, and your employer’s policies on termination and other relevant issues (employee handbook, for example)
- Past performance reviews to show that you have a good work record, which can strengthen your argument that the termination was based on illegal circumstances
- Photos, audio recordings, or video footage of incidents that indicate discriminatory behavior that’s directed towards you.
The Irvine wrongful termination lawyers at our office can help you collect and assemble the available evidence and use it to support a claim for unlawful conduct by your employer.
Filing a Wrongful Termination Lawsuit
Our legal experts are more than ready to handle every aspect of your claim, from filing a labor agency complaint to representing you in a lawsuit against your employer. Please note that you should try and work out a solution with your employer before doing anything else. So, make sure to file a Human Resources complaint, or whatever procedure is recommended by your employer. If your employer fails to solve the issue, you have the right to file a complaint with the California Department of Fair Employment and Housing and/or the Equal Employment Opportunity Commission.
Once these agencies conduct their investigation, they may allow you to proceed with a lawsuit by sending you a Right to Sue letter. This is where having an experienced attorney really counts, so please contact us to discuss a plan of action with our legal team.
Monetary Restitution for Those Who are Wrongfully Terminated
While lawsuits hold employers accountable, what matters the most to claimants is compensation for the losses they suffered as a result of wrongful termination. Monetary damages from an employment law violation claim include:
- Lost income in the form of back and front pay
- Payment for the value of lost work benefits
- Pain and suffering / emotional distress
- Reinstatement to the same position or one that is substantially similar
- Punitive damages
Not everyone will qualify for every single one of these damages, but it’s important to fight for all the compensation you deserve. Another consideration is whether damages like reinstatement of your job is appropriate, as it’s likely that going back to your former employer will result in negative consequences.
Help from an Employment Attorney
Our law firm has a long and proud tradition of representing abused workers and fighting to secure the compensation they deserve. We have a Zero Fee Guarantee policy from day one, so you can hire a wrongful termination lawyer in Irvine for $0. All legal fees are collected at the end of your case, and only if you receive payment from successful claim.
To learn more about your rights and the legal actions that are available to you, please schedule a free case review by contacting our office.
