If you were unjustly fired from your job, it’s essential to contact a wrongful termination attorney in Lancaster. Most employees have little to no experience with the legal system, and that puts you at a clear disadvantage when it comes to a labor complaint or lawsuit. The attorneys of California Labor Law Employment Attorneys Group are with you every step of the way. We are ready to provide you with a free consultation and help you plan the best course of action if you were subjected to unlawful treatment by your employer. Please reach out at your earliest opportunity and talk to a member of our legal team.
Laws Protecting California Employees
California is an at-will employment state, meaning that employers can dismiss their workers at any point, with or without notice. Workers can also choose to leave their job at any point, so the protections to accept a job or walk away apply to all the involved parties. However, there is no denying that employers frequently exploit the at-will system to fire their workers on the basis of illegal reasons, like discrimination and retaliation.
Discrimination is the most common cause of wrongful terminations in California, but employees should understand that the practice is illegal. That’s why you have the right to speak out and take legal action if your employer violates one or more of the federal acts listed below:
Civil Rights Act of 1964
makes it illegal for employers to discriminate against employees on the basis of race, religion, gender, pregnancy, age, marital status, and other protected traits
The Americans with Disabilities Act of 1990
protects people with a qualifying disability from discrimination and retaliation in the workplace. For example, employers cannot demote a terminate someone because they are diagnosed with a serious medical condition.
The Age Discrimination in Employment Act of 1967
prohibits discriminatory employment decisions against workers that are over 40 years old.
For more information on the laws that protect your rights in the workplace, don’t hesitate to give us a call.
Types of Wrongful Termination
Wrongful termination is a fairly broad category, as there are many circumstances where the employer breaks a law in order to fire someone. Thus, it’s important to examine the various categories of wrongful termination, which include:
Discrimination
, meaning you were fired because you belong to a protected category, like a specific gender, ethnicity, religion, political party, etc.
Retaliation
if you complain about discrimination at your job or take some other action that you are legally entitled to under state / federal laws.
Breach of public policy
, meaning your employer fired you for needing time off for a civic duty, like jury duty or voting.
Requesting leave
for a pregnancy, serious medical condition, or to take care of a sick family member (eligible leave time under the FMLA and CFRA).
Breach of contract
, meaning your employer violated an existing written / verbal contract when they fired you
Whistleblowing
, or the act of reporting your employer to a government entity for illegal activities.
Proving that You were Wrongfully Terminated
In order to prove that you were wrongfully terminated, you will need strong and compelling evidence to show that your employer broke one or more employment laws. It’s best that you start the evidence collection process immediately – preferably, from the moment that you are subjected to biased or abusive treatment at your job. That way, you have as much evidence as possible before you lose access to your workplace. The following are examples of evidence that can support a lawsuit for wrongful termination:
- Copy of your complaint with Human Resources and any correspondences pertaining to the complaint
- Emails, texts, and other communications from your employer / person that is targeting you.
- Witness statements from other coworkers or former employees, especially anyone that went through an experience similar to yours.
- Detailed written log of incidents that indicate harassment, bullying, etc. (even better if you have supporting evidence like screenshots, photos, video footage, etc.)
Please note that this is not a comprehensive list, and your own situation may require other kinds of proof that will not be easy to obtain. For example, if you were fired after returning from medical leave, you will need to show proof of your medical condition, like hospital bills, medical records, and prescriptions.
Damages from a Wrongful Termination Claim
When you are wrongfully terminated, your life is disrupted in various ways that hurt your finances, and quite possibly, your mental and physical health. That’s why you must learn about the damages you can obtain if you choose to go ahead with a wrongful termination lawsuit. While you may not receive all the following payments, compensation from an unlawful termination claim may include:
- Back and front pay (lost wages)
- Unpaid overtime, commissions, and other forms of income
- Value of lost job benefits
- Pain and suffering
- Punitive damages
Another possible damage is reinstatement of your job, but is this a good idea? Frankly, it’s difficult for most people to work for the same employer after suing them. Aside from the on-going suspicion and resentment, you put yourself at risk of continued abuse, and maybe even worse treatment than what you received prior to the lawsuit. Then again, it’s not easy to say goodbye to a career you have worked very hard to achieve. Perhaps a compromise can be made, like transferring you to another location and giving you a chance to start fresh with a new group of people.
As you can see, there is a lot to think about when it comes to the resolution of a labor dispute. That’s why legal counsel from an employment lawyer is critical, right from the start.
Contact Our Law Firm Today
As someone in Lancaster who lost their job, legal advice is critical if you believe that your employer committed an illegal act when they ended your employment. There is no denying that wrongful termination cases are challenging, and the road to justice can be long and arduous. But rest assured that our legal experts have decades of experience in wrongful termination complaints. We have the skill and resources to put together a solid case and secure the compensation you deserve.
When you choose California Labor Law Employment Attorneys Group, you will receive the Zero Fee Guarantee. With this agreement, you pay $0 to hire us, and you pay nothing for the entire duration of your case. Legal fees are paid for once you receive payment from a successful lawsuit, and that means you owe us $0 if we fail to obtain your settlement.
To schedule a free case review and learn about your legal options, contact a city of Lancaster wrongful termination attorney.
