No one likes the idea of being fired, but termination happens to many people on a daily basis. There are perfectly valid reasons to fire someone, like poor performance, redundant positions, and financial problems for the employer. However, terminations can also be illegal, and you may have found yourself in the position of losing your job due to unlawful reasons, like discrimination and retaliation.
If you believe that your employment rights were violated, make sure to contact the offices of California Labor Law Employment Attorneys Group. A wrongful termination lawyer is Lake Elsinore will talk to you about your rights and help you determine the best way to move forward.
Legitimate Versus Wrongful Termination
Employment laws exist to protect workers against all sorts of violations, and the range of protection may surprise some people, considering that California is an at-will employment state. Essentially, your employer can fire you for just about any reason, at any time, without formal notice. You too, can cut ties with your employer at any point, with little to no notice. The only exception is if you and your employer signed a contract with terms like the duration of employment and how to give notice for termination.
However, even at-will employment states prohibit adverse employment decisions that are based on discrimination or retaliation. The truth is, there are many ways that employers can target workers and drive them out from the company. It can be difficult to figure out if your employer’s actions were legal, and even more challenging to prove a case that meets the legal standard for a wrongful termination claim. Hence, you should contact a Lake Elsinore wrong termination lawyer, who can verify your eligibility for a lawsuit.
Laws That Protect Workers
As an employee, it may seem like you are at the mercy of your employer, but there are many laws that protect your rights in the workplace. The laws mainly protect workers from discrimination against a protected characteristic and/or retaliation for engaging in a protected activity. So, let’s take a look at some of the legislation that can serve as the basis for an unlawful termination lawsuit:
The Civil Rights Act of 1964
prohibits discrimination on the basis of protected traits, such as religion, race, gender, political status, sexuality and more.
The Age Discrimination in Employment Act of 1967
guarantees protection from employment decisions based on discrimination for employees that are over 40 years old.
The Pregnancy Discrimination Act of 1990
protects workers that are pregnant, as well as working mother on maternity leave and those in need of breastfeeding accommodation in the workplace.
The Americans with Disabilities Act of 1990
prohibits discrimination in the workplace against individuals with certain health conditions, along with the right to seek reasonable accommodations for a disability.
Categories of
Wrongful Termination
Overall, most cases of wrongful termination have to do with discrimination, like not promoting someone because of their sexuality or finding an excuse to fire them because of their political beliefs. However, it’s important to understand the other categories of wrongful termination, as they may apply to your situation:
Retaliation
– this is a category that’s often related to discrimination. For example, you file a complaint with HR about a supervisor who is making harassing comments about your sexuality. Your supervisor retaliates by demoting you to a position with lower pay and less work benefits.
Whistleblowing
– those who suspect or witness illegal activities in the workplace have the right to report such activity to a government or law enforcement agency. The employer is prohibited from taking punitive measures against the worker for whistleblowing, like suspension, pay cut, demotion, and termination of employment.
Breaching public policy
– you have a right to take time off from work for activities like jury duty and voting in an election. Your employer cannot fire you because you requested time off to perform your civic duties.
Breach of contract
– this applies in cases where a work contract guarantees you a certain duration of employment. The contract should also have terms that allow your employer to fire you, and how the termination must be announced.
As someone working in Lake Elsinore, you also have protections against termination while you are on maternity, paternity, or medical leave. You can also request work accommodations that are reasonable, and your employer cannot fire you because of the request. In addition, you cannot be fired for getting into a work-related accident and filing for workers’ compensation.
An experienced employment lawyer can talk to you about these issues in greater detail, so reach out to us and schedule a free case review.
Recommended Steps after a Wrongful Termination
Once you learn that you are no longer employed, it can be difficult to figure you what you should do, especially if you suspect that the decision was unlawful. So, the first thing is to look back on your experience and try to remember a pattern of discrimination. After all, it’s quite rare that a wrongful termination is announced all of a sudden when everything was perfectly fine between you and your employer.
Chances are, the timing of your dismissal coincides with something that upset your employer, such as filing an HR or state labor department complaint. Perhaps you spoke out because you witnessed harassment, bulling, and other discriminatory behavior that was happening to a coworker. Regardless of the circumstance, proving a case of wrongful termination requires evidence, which you can obtain by taking these steps:
- Gather all communications (emails, physical letters, texts, etc.) between you and your employer that has to do with your termination or leading up to your termination
- If you can, try to obtain photos, audio recordings, video, and other forms of physical proof.
- If other coworkers are going through similar treatment from the employer, try to get written statements about their experience.
- Look through employee handbooks, contracts, agreements and other documents that can support your allegations of unfair treatment. Workplaces should have policies against discrimination and other illegal practices and what to do if you are facing this type of treatment.
- Make sure to gather all performance reviews, evaluations, emails, and other paperwork that shows a history of positive work performance. This can strengthen the argument that your employer made the decision to fire you out of retaliation or some other reason that’s against the law.
- Keep a clear, detailed written account of incidents that constitute unlawful treatment at your job, and try to back them up with screenshots, photos, emails, and other evidence.
Potential Damages You can Receive
As someone who was fired illegally, you may have the option of suing your employer for monetary damages. What are the damages you can receive from an employment law violation claim? We would need to learn the specific details of your case to answer this question with accuracy. Nevertheless, we can say that claimants often receive the following forms of compensation:
- Value of lost income, like your salary, unpaid overtime, commissions, etc.
- Work benefits, like healthcare premiums and stock options that you lost as a result of being wrongfully terminated.
- Pain and suffering if the termination caused you emotional distress, which resulted in one or more mental health disorders.
- Costs related to searching for a new job
- Reinstatement of your job to the same position or one that is equivalent in pay, rank, etc.
- Punitive damages (only applicable if there is a trial; please note most lawsuits for wrongful termination are settled out of court).
Lake Elsinore Attorneys that Specialize in Wrongful Termination
When you are victimized by an employer that doesn’t respect the laws, it’s important to learn about the legal actions that are available to you. That’s why you should contact a Lake Elsinore wrongful termination lawyer as soon as possible, which you will find here at California Labor Law Employment Attorneys Group.
Our legal team does not ask for payment upfront, so you don’t have to worry about the cost of a retainer or hourly fees. Instead, all legal expenses are paid as a part of your settlement by the party you are suing. That means we do not get paid unless you are compensated from a wrongful termination claim. Our Zero Fee Guarantee is here for you from day one, so please get in touch and schedule a time to speak with our legal experts.
