There are plenty of ways that employers can take advantage of the people working for them. And many employees are unaware of their rights, thereby making it easier for the employer to harass or discriminate against them. Eventually, this behavior results in firing the employee, who is left to wonder if there is anything they can do.
We want to assure you that state and federal government laws are in place to protect you from wrongful termination by a California employer. Our team of La Habra wrongful termination lawyers are here to educate you on your rights and see if filing a lawsuit is in your best interest. Please contact our office today and schedule a confidential case review, completely free of charge.
Laws Protecting Employees from Mistreatment
As an employee, you are protected from being fired and other adverse employment decisions on the basis of belonging to a protected category, which are defined by various California and federal laws. These laws are the foundation of a wrongful termination claim, so it’s crucial to understand how you are protected by:
The Civil Rights Act of 1964:
a federal legislation that makes it illegal to discriminate against workers based on characteristics such as race, religion, disability, pregnancy, age, and genetic information.
The Americans with Disabilities Act:
assists individuals who are handicapped or have a medical condition that significantly impairs one’s ability to perform basis tasks. Employers must make reasonable efforts to accommodate the worker with adjustments like time off for medical treatments, working from home, and eliminating non-essential tasks. Employers are also forbidden from not considering a job applicant on the basis of a disability.
Age Discrimination in Employment Act:
Prior to this law passing in 1967, older employees were often forced out of the workplace. Some employers assume that people above a certain age cannot keep up with those who are younger. Or, they want to maximize their profits by getting rid of older workers and hiring new people at lower rates and reduced benefits. This act protects people over the age of 40 from wrongful termination and other discriminatory treatment from the employer.
These are federal statutes, by the way, and there are laws at the state level that also prohibit wrongful termination. In fact, California laws expand the definition of protected characteristics to include sexual orientation, which is essential, as there are 15 states where you can fire someone for being on the LGBTQ spectrum. If you would like to learn more about the anti-discrimination laws in California, don’t hesitate to call us, 24 hours a day, 7 days a week.
Can You be Wrongfully Terminated in an At-Will Employment State?
This is a subject that comes up often during consultations with clients, and yes, it’s confusing to think of how wrongful terminations are valid in a state that operates under the at-will employment system. To put it simply, at-will employment states like California allow employers to end someone’s employment at any time, with or without cause. Thus, even if you are doing well at your job and your employer is not facing a major financial crisis, you can still be told that your services are no longer needed. Keep in mind that you can also leave your job at any point, whether or not you have a good reason to do so.
The at-will system does have limitations, however, as your employer cannot violate the laws against discrimination and other adverse employment practices. In addition, your employer must ensure that they are not in violation of an existing contract in order to fire you.
This is why most employers in La Habra state a reason for why you are being fired, like insubordination, poor work performance, mass layoffs, or violation of specific company policies. But unscrupulous employers can also use such reasons as an excuse to fire you over your age, medical condition, filing an HR complaint, and other discriminatory factors.
As the employee, the challenge lies in recognizing a case of legal termination versus wrongful termination. So, let’s take a look at the signs of wrongful termination, which you may recognize within the course of your employment. Indications that you were fired illegally include, but are not limited to:
Discrimination
– you may become a target because of specific traits like your race, gender, religion, or politics. Prior to losing your job, workers are often subjected to offensive and harassing behavior, denial or work privileges, demotions, and other mistreatment by people at their job.
Retaliation
– those who face unfair treatment by their supervisor, harassment by a coworker and other abuse may file a complaint with the company’s Human Resources department or the California labor board. It’s not uncommon for employers to retaliate by taking away the worker’s job.
Whistleblowing
– when there is illegal activity in the workplace, employees can alert the authorities and be protected from punishment by the employer. Thus, your employer cannot take away your job because you chose to report legal violations and unethical practices.
Breach of contract
– A preexisting contract between you and the employer may have terms regarding how and when you can be fired.
Breach of public policy
– time off requests must be honored by employers for civil duties, like jury duty and participating in an election. If you were fired over these issues, your employer is in breach of public policy.
Violation of medical leave laws
– the majority of workers in California are entitled to extended leave for a serious illness, taking care of a sick family member, maternity leave, or time to serve in the military. If your employer says you’re fired because you asked for or returned from taking leave, you can file a claim for wrongful termination.
If you suspect that your employer fired you without legal justification, reach out to a La Habra wrongful termination lawyer by calling California Labor Law Employment Attorneys Group.
Evidence Proving that You were Wrongful Terminated
You may be terminated without any notice, so we understand that it can be hard to gather evidence that’s needed to file a lawsuit. But you can still find documentation and other kinds of proof that illustrate the events leading up to the termination. For example, you may have emails and texts that you saved, along with physical notices that indicate unfair treatment by your supervisor, HR, etc.
You can also talk to coworkers and former employees that were wrongfully terminated and see if they are willing to provide written statements. Some workers even come to us with photos, screenshots, audio recordings, and video of harassing and offensive conduct by people at their job. Such evidence paints a picture of the toxic treatment you were subjected to and how it’s connected to your job loss. That’s why it’s important to keep a written log and document every incident of discrimination and retaliation, along with complaints to HR, which proves that you attempted to resolve the situation internally.
Even if you are no longer at your workplace, our attorneys can help you with locating and compiling evidence for a wrongful termination claim. We can talk to you about the process of building a solid case against your employer during a free, private consultation.
Monetary Restitution for Those Who are Wrongfully Terminated
People who are terminated illegally from their job often struggle with financial hardship, especially if they cannot find a new job for a long period of time. Many of these workers do not have savings to see them through months of job searching, and this is why it’s essential to file a labor law violation claim as soon as possible. If you were unlawfully terminated, here are the damages we will strive to recover on your behalf:
- Back and front pay, unpaid overtime, commissions and other kinds of lost income
- Compensation for lost work benefits (unpaid PTO, healthcare costs, etc.)
- Emotional distress / pain and suffering
- Reinstatement of your job
In the event your case is tried in court – which is extremely rare – you may receive punitive damages form the jury. This is a form of additional payment that’s meant to punish employers for exceptionally negligent or malicious conduct.
You should have a thorough discussion with your attorney about these damages, and which ones apply to your own situation. For many workers, it’s understandable that reinstatement is not appropriate. However, it may be suitable if the employee can be moved to a different location or department, and there is still some level of cooperation between themselves and the employer. But this is a complicated decision that you should discuss with your attorney, along with other concerns that are relevant to your rights as a victim of wrongful termination.
Contact Our Law Firm
Consulting an employment lawyer in La Habra is the key to a successful outcome if you were wrongfully terminated from your job. We have a dedicated legal team with decades of experience in termination complaints, and we are ready to fight for you, no matter where you work and what you do for a living.
Our clients pay $0 under the Zero Fee Guarantee, as we are a contingency-based law firm. Legal fees are collected once we obtain your settlement, so there is nothing you have to pay out of pocket. If we do not bring you compensation from a wrongful termination lawsuit, you do not pay us a single penny and walk away without any impact on your finances.
To take advantage of the Zero Fee Guarantee, please get in touch and speak to a wrongful termination lawyer in La Habra, CA.
