The hot sand on beautiful sunny beaches, dog parks where canines can run free, palm trees stretching down the PCH, and historic Spanish style houses decorating the cul de sacs… How can you appreciate the desirable city of San Clemente when you have been wrongfully terminated. We’ve all been in that state when an issue at work is brought home. Maybe you had a bad day and now you’re a bit irritated, aggravated, or not in the mood to socialize. Jobs can take a toll on one’s psyche. Living in a fast-paced, high-pressure world, we know how much of an impact your work has on your life. That is why the lawyers at California Labor Law Employment Attorneys Group feel for those who have been wrongfully terminated. Our firm’s goal is to make the experience of suing your employer a freeing one. Set yourself free from the confines of a job’s looming burden over the many facets of your life. If you’ve been wrongfully terminated, then it’s time to start taking control of your happiness by confronting your unlawful employer and making them pay for the damage and hurt they have caused you.
What is wrongful termination?
A wrongful termination is when an employer discharges an employee by way of breaking a state, local, or federal law or committing a breach of contract. A lot of times, a wrongful termination violates anti-discrimination laws. There are many federal laws that protect employees from job discrimination such as Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Equal Pay Act, and others. All these laws make it illegal for an employer to not only fire someone based on a protected category or characteristic, but they make it illegal to enact any type of job discrimination such as withholding privileges or benefits, excluding one from training, or categorizing in a way that adversely affects someone’s employment status. Title VII specifically makes it illegal to discriminate against someone in the workplace based on their race, color, religion, sex, or national origin.
The knowledgeable attorneys at California Labor Law Employment Attorneys Group are ready to evaluate your claim and provide you with the information that you need to better understand the timeframes applicable to your claim, do not hesitate to contact our firm today.
The ADA more deeply specifies the ways in which individuals with disabilities are protected. Those with disabilities covered by the ADA are also entitled to reasonable accommodations from their employers as long as it does not cause undue hardship to the employer. If any of your rights have been violated under these laws, then you have reason to sue your employer. Furthermore, if you have lost your job due to falling under a protected category such as race, age, and disability, then you also should file a charge with the help of one of our experienced San Clemente wrongful termination lawyers. Similarly, the ADEA and the Equal Pay Act specifically prohibit certain types of age and gender discrimination. If your rights under these act have been violated by your employers, then you should file a lawsuit. All these laws assert that discrimination and retaliation are illegal, and you may have experienced both, meaning you may have a combination of a wrongful termination and discrimination lawsuit against your employer.
The California Department of Fair Employment and Housing oversees the anti-discrimination law, the Fair Employment and Housing Act (FEHA), and the other employment laws, California Family Rights Act (CFRA) and New Parent Leave Act (PLA). The FEHA protects employees from discrimination at the work based on a protected category. Those categories specified by the DFEH are race and color, ancestry and national origin, religion and creed, age (over 40), mental and physical disability, sex and gender, sexual orientation, gender identification, medical condition, genetic information, marital status, or military or veteran status. Keep in mind, sex discrimination also included discrimination based on pregnancy, childbirth, and related medical conditions. As a pregnant employee you also are permitted under the CFRA and NPLA to take unpaid leave. If you were fired for either being pregnant or enacting your rights to a job secured leave for being pregnant, then you must seek assistance from one of our pregnancy discrimination attorneys or wrongful termination attorneys here in San Clemente.
If you feel your current attorney is not maximizing your case value, contact our firm for a free second opinion.
Do I have a wrongful termination case?
Laws not related to discrimination but that still may be violated in your wrongful termination are those pertaining to workers’ compensation, whistleblowing, and breaking implied contracts. Under the workers’ compensation system, you are allowed to file a workers’ compensation claim if you were injured on the job. Employers are not allowed to retaliate against you in response to you filing a claim. The same goes for whistleblowing. If you reported illegal activity by your employer, then California whistleblowing laws protect your from losing your job or facing negative effects on your job. If you have been punished for reporting illegal activity, then you can sue for compensatory damages such as reinstatement of your job, loss of wages, and loss of reputation. Moreover, If your employer fired you after you had made a verbal agreement for your employment to last a certain period of time, then you still can sue despite the fact that the agreement may not be on paper. In the case of termination that breaches a contract, a contract does not have to be written, it can be implied through communication and actions.
Do not lose hope if you feel like your employer has you wrapped around their pinky finger. Break free of their grasp with our wrongful termination attorneys in San Clemente. You may be entitled to compensatory and punitive damages. Federal law puts a cap on compensatory damages based on the size of the company. For companies with 15-100 employees, the cap is $50,000; companies with 101-200, the maximum compensation is $100,000; for companies with 201-500 companies the most you can receive is $200,000; and for large companies that have 500 or more employees, the most you can collect is $300,000. While money may not be the main motivation, these numbers are still exciting. With the help of one of our wrongful termination lawyers, you may be able to reclaim your life and your wages.
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Wrongful termination cases should be taken seriously. Losing your job illegally calls for hard times, and you need someone that will represent you with integrity. Our wrongful termination attorneys in San Clemente have you in mind. They only want the best for you, and it’s time you start only asking for the best for yourself. At your free consultation you will be able to sit down with one our attorneys and discuss the context of your case. If we take on your case, there are no upfront fees, meaning no stress for you! The only fees are applied if we win your case. Do yourself a favor and come in to our office and begin your journey towards fulfillment. Our lawyers will help you find redemption in your mistreatment from your employer, so that ultimately, you can begin to appreciate those smaller things in life that come with living in the great city of San Clemente.