What is wrongful termination?
Living in Redondo Beach, your job is your life support. It’s the central focus, and all the other little bits of social interaction, self-care, and groceries lie at the fringe of your priorities. Nowadays there is no normal. Some people have three separate jobs and a few side hustles. Whatever it takes to pay the bill, right? The regular nine to five is no longer regular. We work all hours of the day, all days of the week. Why? To sustain ourselves. Our job is that important. This is why losing your job is that much more detrimental. Losing your job illegally is even worse, and our wrongful termination attorneys in Redondo Beach want to make sure that your employer is punished for their wrongful behavior. The legal definition of wrongful termination is when an employer has discharged an employee in an illegal fashion such as breaking a local, state, or federal law or regulation or through a breach in contract. If you have been a victim of wrongful termination, it’s time to take action.
What are the anti-discrimination laws?
We all wish our qualification and merits were enough to get you a job, but it’s clear employers impose discriminatory practices on employees very often. This is why many wrongful termination cases also involve discrimination. Here are some of the laws that protect your from discrimination:
- Title VII of the Civil Right Act prohibits employment discrimination based on one’s race, color, religion, sex, and national origin. Title VII covers anyone who works at a company with 15 or more employees.
- The Pregnancy Discrimination Act (PDA) was amended to Title VII to include the protection of women who are experiencing pregnancy, childbirth, or any related medical conditions.
- The Americans with Disabilities Act (ADA) that prohibits discrimination specifically to those that are disabled, meaning they have a physical of mental impairment that limits their ability to perform one or more major life activities or if you have a history of this. Under the ADA you may also be entitled to reasonable accommodations provided by your employer.
- The Age Discrimination in Employment Act (ADEA) protects workers over 40 from being discriminated against in employment. This applies to companies with 20 or more employees.
- The Genetic Information Nondiscrimination Act (GINA) prohibits companies with discriminating against employees based on information about one’s genetic tests or their family member’s medical history.
All these laws specify that it is illegal for employers to retaliate against someone because they have complained about discrimination, filed a discrimination charge, or participated in an employment discrimination lawsuit or investigation. This is where discrimination cases and wrongful termination cases usually merge. In many cases, someone has filed a discrimination charge, but their employer responds by firing them. This is an example of wrongful termination and should be fought back with a lawsuit. Similarly, there are scenarios where an employer has fired someone solely because of their protected status which is a form of unlawful employment that is prohibited under these anti-discrimination laws. If this has happened to you, you are also warranted in filing a lawsuit against your employer. Contact one of our discrimination and wrongful termination employees to get started on this process.
What are types of wrongful termination?
There are other laws that when broken, cause wrongful terminations. Let’s look at several of them.
- California’s common law of implied-contract does not require a binding contract to only be in in written contract form. Other ways contracts are recognized are through oral assurances or employer handbooks or policies.
- If you employer has broken a contract, implied or explicit, you have a reason to file a wrongful termination lawsuit against them.
- Factors that will be looked at to determine if you had an implied contract are: your employer’s general personnel practices and policies, the length of time you had worked for that employer, actions or communications by your employer that confirm you could assure continued employment, and practices within your industry.
- California recognizes a covenant of good faith when it comes to at-will employment. Even though all relationships in California are assumed to be at-will, the good faith covenant requires all terminations subject to a just cause standard.
- California Labor Code Section 1102.5 specifies its protection of whistleblowers. The state encourages employees to notify the appropriate authorities when they are aware of their employer violating a local, state, or federal law. If you decide to do this, the protections afforded to you are:
- An employer cannot make a rule preventing whistleblowing
- An employer cannot retaliate against a whistleblower
- An employer cannot retaliate against an employee who refuses to take part in illegal activities
- An employer cannot retaliate against an employer who exercised their whistleblowing right in any prior employment
If you have experienced any of these illegal practices from your employer, then you need to call one of our Redondo Beach wrongful termination attorneys immediately. Either through a violation of these laws or retaliation against your for exercising your rights under these laws, you need to send the message to your employers that their actions are wrong and will be reprimanded. A wrongful termination may not only be able to get your job back, but supply compensation for your pain, suffering, and hardships that were placed on your after your termination. Furthermore, a wrongful termination lawsuit may be a healthy approach to regaining emotional and psychological strength. If you’ve been wrongfully terminated you may feel defeated and belittled. Winning a wrongful termination case can restore that confidence in yourself. It’s time to get in touch with one of our wrongful termination lawyers in Redondo Beach.
What kind of damages can I recover from a wrongful termination lawsuit?
- On the other hand, possible remedies for your wrongful termination may include:
- Lost wages and benefits
- Compensation for emotional pain, physical pain, and loss of professional status
- Attorney’s fees
- Punitive damages to punish the employer
Federal law sets guidelines for the maximum amounts of compensatory and punitive damages you may receive from a wrongful termination case:
- Employers with 15-100 employees: $50,000
- Employers with 101-200 employees: $100,000
- Employers with 201-500 employees: $200,000
- Employers with 500 or more employees: $300,000
Damages for lost wages and benefits are calculated by adding up the following…
- Lost wages and benefits that an employee would have received starting from the day of the wrongful termination up until the court ruling
- Lost wages and benefits that an employee would have received starting from the day of the ruling up until the employee would have reasonably been expected to continue
- The value of any other contract damages caused by the employer’s behavior
Free Consultation and Zero Fee Guarantee
Employee rights are basic human rights. You deserve to be treated fairly and justly at your job. The experienced attorneys at California Labor Law Employment Attorneys Group want to represent you in your wrongful termination case. Give us a call to schedule a free consultation where we can sit down and talk in detail about your case. We want to hear your story and make that pursuing a lawsuit is worth your while. We will also represent you in your case without any upfront fees. Losing your job is already a large financial toll, that is why our zero fee guarantee means we will only ask for a small fee if we win your case. If you have already consulted with a wrongful termination attorney, it does not hurt to get a second opinion. Get in contact with us to receive a free second opinion so that you can make sure you are in good hands. We promise we will fight for your rights as an employee because we know you work hard and do not deserve to be wrongfully terminated.