Marshalls Store Wrongful Termination Attorney lawyer sue lawsuit compensation sue
Most states in the U.S. are considered “at-will” employment states, and California is no exception to this rule. What does this mean? Essentially, both the employer and employee have the right to terminate their working relationship at any time, regardless of the reason. That means an employee can be fired, even if they didn’t make any mistakes or cause a major disruption in the workplace. However, there are certain exceptions that protect employees from being fired at will. If an employer violates these rules, they can be sued for wrongful termination by the unlawfully fired employee.

Unfortunately, wrongful terminations are very common at major retailers like Marshalls, which is one of several discount department stores owned by TJX Companies. If you are a former Marshalls employee who was illegally fired under California law or federal guidelines, please take a moment to contact us. You may be entitled to monetary compensation from your employer, but these cases can be extremely challenging to win. However, a successful outcome is possible with help from a Marshalls store wrongful termination attorney at our law firm.

How do I know if I was Wrongfully Terminated?

An act of wrongful termination must involve an illegal reason under the laws that are set forth by the state or federal guidelines. These reasons typically involve protected classes, as defined by the U.S. Equal Employment Opportunity Commission and the California Fair Employment and Housing Act. Examples of unlawful reasons to fire an employee include:

  • Having or developing a disability (physical or mental)
  • Pregnancy discrimination at work
  • Discrimination based on race, age, gender / gender identity, sexual orientation, religion, ethnicity or national identity
  • HIV / AIDS status
  • Status as s victim of domestic violence or sexual assault
  • Military / veteran status
  • Political affiliation
  • Retaliation against whistleblowers
  • Retaliation for complaining about wages and hours or unsafe work practices.
  • Constructive termination – when an employee is driven to quite due to intolerable working conditions.

This is not a comprehensive list of all the situations that could lead to a wrongful termination by Marshalls. To verify whether you were wrongfully terminated, contact us to schedule a free, no-obligation case review.

Can I File a Claim if I was Demoted or Suspended, but not Fired?

Yes, it is possible to file a compensation claim against your employer if you were demoted or suspended due to a reason that violates California law or federal laws concerning protected classes or protected time periods (sick time or family leave, for example). This is a common tactic used by employers to “punish” employees without firing them, mainly as a form of discrimination or retaliation. However, these cases are more nuanced than wrongful termination claims, and they are more difficult to win as a result. Make sure to consult a knowledgeable labor law violation lawyer if you believe that you have grounds for a wrongful demotion lawsuit.

What is the Value of an Average Wrongful Termination Settlement?

In all honesty, there’s no way to provide a satisfactory answer to this question, as a wrongful termination claim in California may be worth anywhere from $5,000 to $100,000. Why is there such a wide variation in case values? Mainly, it’s due to the fact that there are many damages that can be recovered from one of these lawsuits. How much you can receive in each of these categories varies from person to person. As a general rule, a successful wrongful termination complaint will reimburse you for:

  • Lost wages, including back pay and front pay
  • Lost work-related benefits, such as PTO and health insurance
  • Pain and suffering / emotional distress
  • Medical expenses for conditions that are associated with your wrongful termination
  • Damage to your professional reputation
  • Lawyer’s fees
  • Punitive damages if your termination involved gross misconduct / violation of state or federal labor laws.

Some of these damages, like lost wages and medical expenses – can be calculated through relatively straightforward means. However, non-economic damages like pain and suffering are difficult to figure out, since they are based on your level of emotional suffering. With guidance from one of our employment experts, you can determine the right amount to ask for in a wrongful termination claim against Marshalls.

How long does it take to Settle these Cases?

Each wrongful termination case is different, and inevitably, some lawsuits will be much more complicated than others. That’s why we are honest about the fact that it can take anywhere from several weeks to one or more years to resolve a Marshalls store wrongful termination claim. Keep in mind that you will need to file a complaint with the appropriate state or federal agency before you can pursue a lawsuit. If either of these agencies is unable to settle your claim, you can proceed with a legal action through the court system. These processes take a considerable amount of time to work through, which is why these cases can take up to several years to resolve.

Statute of Limitations to Sue an Employer for Wrongful Termination

How long you have to bring forth a legal action against Marshalls depends on the type of wrongful termination claim you are filing. If, for example, your lawsuit is based on a breach of contract, you have two years to file your lawsuit. The same statute of limitations applies to lawsuits that are based on public policy violations, like unsafe work conditions. On the other hand, if your termination is a violation of the California Fair Employment and Housing Act (FEHA), you have three years to sue your employer. A labor dispute attorney at our office can help you figure out the correct SOL for your claim, so don’t worry if you are confused by any of this information.

Second Opinion from a Labor Law Violation Lawyer

Are you in the middle of a wrongful termination case that doesn’t seem to be going anywhere? Are you uncertain about the strategies that are being used by your attorney? These and many other factors can be frustrating for claimants, who are unable to get the time and attention they deserve from their law firm. If you can relate to these issues, you may benefit from a second opinion with one of our labor law attorneys. This is a confidential meeting to educate you on your rights and the legal actions that are available to you. There’s no harm in taking some time to speak with us, as the consultation is 100% free. Please give us a call if you’re interested in scheduling a second opinion at our law firm.

Advice from an Experienced California Labor Law Attorney

It’s a sad, but universal truth that those who work in retail are undervalued by many members of society, as well as the people that hire them. These people work extremely hard to keep these stores profitable, yet they are often seen as disposable when they refuse to comply with unreasonable demands or try to assert their rights under the state’s labor laws. If you are a victim of wrongful termination by Marshalls, the Employment Attorneys Group is here for you. We are more than ready to take on your case and bring you the highest possible settlement from a lawsuit against your former employer.

We are aware that many people who have lost their jobs are worried about the cost of hiring an attorney. That’s why we provide free legal services to all our clients under the terms of the Zero fee guarantee. You are not responsible for any of our fees, which we demand from the party you are suing. As a result, we don’t make a cent unless you do, so there is no risk to your finances at any point during the legal process.

Our lawyers are standing by to assist you, so contact us right away if you were wrongfully terminated while working for Marshalls.