Workers are often subjected to unfairness in the workplace, but they may not always know that such treatment is happening. They may simply believe that the norm is for workers to be harassed or discriminated against and that terminations are within the rights of managers and businesses. However, this is simply not the case: wrongful termination exists, and there are laws that protect workers from being mistreated by their employers. Our law firm, the California Labor Law Employment Attorneys Group, can help you file a wrongful termination claim if you were released from your job for an illegal reason. Our La Habra wrongful termination lawyers will gladly handle your case for you; contact our offices to learn more about the laws regarding termination and what we can do to assist you with your lawsuit.
Protections for Employees
Employees are protected based on various traits that should not be taken into account when being considered for jobs or when being punished at a job. These traits are personal and private and have no bearing on your career. If they are used as a reason for termination, your employer has likely broken a law. The laws protecting workers include the following:
- The Civil Rights Act of 1964: This Federal law prevents discrimination against workers based on their sex, nation of origin, race, ethnicity, color, and religion. It has also been amended to include other traits. One of the amendments was the Pregnancy Discrimination Act of 1990, which protects expecting mothers and mothers who are on maternity leave.
- The Age Discrimination in Employment Act of 1967: Workers who were aging were being phased out in favor of younger workers. Many jobs will try to remove older workers because they often cost more; they retain benefits, use leave, and work for promotions and raises. Younger workers are more likely to switch jobs as they statistically have a lower need for steady income at one company. The Act protects workers over the age of 40 from being discriminated against and terminated in the workplace.
- The Americans with Disabilities Act of 1990: This Act assists those who are handicapped or disabled. They may be able to fully complete all scopes of their job duties, or they may need reasonable accommodations in some aspects. An employer must not discriminate against these individuals by firing them or refusing to hire them based on their disabilities, especially if they have already proven that they are capable. They can also not be denied reasonable accommodations unless the accommodations would be a personal or financial hardship on the company.
At a State level, there are additional protections available. For example, California also protects workers based on their sexual orientations. This inclusion is important; in some states, discrimination for sexual orientation could go unpunished because it is not listed in any Act, and is therefore unprotected.
If you want more information about the protections available to you as a worker, contact our La Habra wrongful termination attorneys today.
At-Will Employment and Wrongful Termination
At-will employment means that your employer can fire you at any time for any reason, even if there is no outright reason. He may simply believe someone else is a better fit or that you do not represent the company in the best way. On the other hand, you can also leave the company at any time for any reason. The stipulation on both sides is that your employer can’t fire you for an illegal reason and you can’t break contract without suffering repercussions.
Common legal reasons that you can be fired include insubordination, violating company policy, poor performance, layoffs, redundant or obsolete positions, and more. However, there is a chance that your employer may be aware that he is going to fire you for an illegal reason, and will instead label it as something else to circumvent the system. If he wishes to fire you because he does not agree with your religious observation, he may claim that you were simply not a good fit for the company and they decided to go in another direction.
The trouble, of course, is that most employees do not recognize all the signs of wrongful termination. They may simply accept the injustice without questioning it. Some of the other forms of wrongful termination include:
- Discrimination: You may be targeted for your religion, sex, race, and more. Your boss could be prejudiced or bigoted against you and could not want to hire minorities or anyone who is different from him.
- Retaliation: You may have filed complaints with Human Resources about your treatment at the company or you may have gone to upper management to enact changes. Your boss could have fired you in retaliation for these acts, but it is illegal to terminate someone to get back at him.
- Whistle blowing: Similar to retaliation, whistle blowing is alerting authorities or other outlets to wrong or immoral actions done by your company or workers at your business. You cannot be targeted or fired for providing such information.
- Breach of contract: You may have a contract that dictates your employment terms, such as duration, pay, and termination details, and if this contract is breached, your employer could face legal repercussions.
- Breach of public policy: Citizens can participate in elections and serve on jury duty, but these actions usually take up ample time and require time off from work. If your employer fires you because you took such leave, he could be held liable for a wrongful termination.
- Leave violation: If you are on leave for military purposes, paternity or maternity leave, or sick leave, your employer cannot legally terminate you for taking such a furlough. You are entitled to your sick leave as an employee.
If you feel that you were wrongfully terminated at your job, reach out to our La Habra wrongful termination attorneys for more assistance. We will examine your situation and tell you if you have a viable case.
Evidence of Wrongful Termination
Wrongful termination can be sudden, in which case you may not have enough hard evidence to file a slam dunk case. The most successful lawsuits have piles of evidence showcasing the lead up to the termination, such as numerous emails and messages from your boss and HR, coworker testimonies and statements about previous terminations or actions, video or photo evidence of intentional wrongful firing, and more.
If you were suddenly let go, you might not be able to get the evidence that you need. You can still request statements from coworkers, though, and ask for cross examination of your employer and their policies or previous decisions.
Our attorneys can help you gather worthwhile evidence if you were abruptly terminated. We will conduct our interviews and hire expert witnesses who can give your claim credence, and we will make sure that you have the best chance of success.
Compensation from a Wrongful Termination Claim
Victims of wrongful termination may not have the ability to pay for necessary expenses on a weekly basis, especially if they were not getting paid a lot of money in the first place. It is not fair that you should suffer any debts or loss of income because your employer acted illegally. As such, our lawyers will strive to secure you the maximum compensation for your lawsuit. We will work to bring you coverage for the following:
- Missed income from the past and future
- Lost benefits
- Missed commission and bonuses
- Unpaid leave, vacation, and holiday pay
- Emotional pain and suffering
- Punitive damages in times of gross negligence or egregious action (these damages, handed out in lieu of jail time, are usually viewed as excessive, and only a qualified lawyer will be able to secure them for your case)
You may also be able to get reinstated into your old position at your job, or receive a transfer or promotion to another location. In some cases, victims will jump at this opportunity, as it guarantees they return to a fixed income. However, some choose to leave this option on the table, especially if their wrongful termination was a result of discrimination and the manager or boss was not released from the company. The victims may not want to take the risk of facing any other mistreatment or being fired in the future.
If you’re in need of wrongful termination lawyers in La Habra, contact our firm for more help.
The Best Firm in Town
The California Labor Law Employment Attorneys Group is one of the most highly rated firms around. We have years of experience handling lawsuits filed by employees, and we will not take your case lightly at all. We will make sure that all the necessary legal routes are followed – from going through the DFEH to file your claim and making sure you adhere to the statute of limitations to negotiating a fair deal with your company’s representatives. We are aggressive and will go to court if necessary, and you are our highest priority.
Don’t hesitate to call us for a free legal consultation. All our consultations are confidential and our lawyers can be reached around the clock. We’ll gladly answer your questions and help you with your claim. We’ll also give you our zero fee guarantee if you take us on, which promises that you won’t pay any legal expenses throughout the case. We won’t get paid unless and until we win you a settlement – if we lose, we are not paid anything.
Our La Habra wrongful termination lawyers can help you with your case. Contact the California Labor Law Employment Attorneys Group today.