As an employee, you should be aware of the various rules and laws protecting you from unlawful termination. Your employer can try to circumvent these regulations and fire you; if you do not know your rights, he’ll easily get away with it and have no trouble terminating you. However, if you are adequately prepared and know what you are owed as an employee, you can fight back against wrongful termination. Our wrongful termination lawyers in Sherman Oaks at the California Labor Law Employment Attorneys Group can assist you if you were unlawfully fired. We strive to protect all employees, and if you feel that your rights were violated, don’t hesitate to contact us for more assistance.
What Is At-Will Employment?
At-will employment means that your employer can terminate you at any time, for any reason, even if there is no reason behind his decision. He just cannot fire you for an unlawful reason. Similarly, as an employee, you can leave a job for any reason at all, and doing so is not against the law. However, if there are any contracts in play, whether verbal or written, a breach of contract may result in dire consequences.
What Are Unlawful Reasons For Termination?
If your employer terminates you for a reason you don’t agree with, you should consider the situation carefully to determine if there was any illegal activity or thought process involved. For example, if you were fired because your work performance decreased over a period of time, you were likely terminated for a legal reason. However, if your work performance and reviews were all positive and you had no trouble at the company yet you were still fired, that may be a red flag.
You should always be on the lookout for unlawful firings. If there are other people similar to you who were let go after small infractions, there may be some discrimination at play. You could also be fired because you spoke out about a rule or a business practice you didn’t agree with, which is retaliation.
Some of the unlawful reasons for termination include:
- Retaliation: If you filed a worker’s compensation claim, went to Human Resources with a problem, or spoke out about a tactic, you should not be fired for that express reason. Your employer may terminate you to get back at you for your actions.
- Whistleblowing: If you alert authorities to any shady practices or if you tell the press about something going on, you may be fired for whistleblowing.
- Discrimination: Discrimination can take many forms, such as sex, race, religion, and more. You may be targeted without even realizing it.
- To break contract: You could have tenets in your contract that stipulate you cannot be fired unless certain circumstances arise. To get around this, the employer may fire you for something he claims to be unavoidable.
- Violation of public policy: You are owed certain rights as a citizen, such as the right to vote and the right to serve on jury duty. If you are fired for participating in and exercising your rights, your employer could be held accountable.
It is important that you familiarize yourself with the different types of wrongful termination so that you are adequately informed in the event something unfortunate transpires. Our wrongful termination lawyers in Sherman Oaks can provide you with additional information.
What Laws Protect Me As An Employee From Wrongful Termination?
There are various laws and acts that have been established that protect various groups of people. Some rules are universal, such as those pertaining to public policy and retaliation. You can also point to these laws if you want evidence of protection:
- Civil Rights Act of 1964: Title VII dictates that you cannot be discriminated against or fired for your sex, race, ethnicity, color, nation of origin, religion, and more.
- Age Discrimination Act of 1967: The Age Discrimination Act protects workers over the age o 40 from being terminated for their ages. If younger workers populate a field, it can be an attractive option to let older workers go because of their ages, but this is not a valid reason. Workers should be terminated based on performance, output, relations, and more, not on their ages.
- Pregnancy Discrimination Act of 1978: This act protects women who are pregnant from being unfairly treated in the workplace. Many of these women are expecting mothers or returning mothers who find that their jobs are suddenly snatched away from them because of the choice of motherhood.
- Americans with Disabilities Act of 1990: This act allows those who have been rendered disabled in some way the ability to still find and keep jobs provided they can complete certain duties. If they are denied accommodations or positions, or if they are fired for their injuries despite being able to complete their duties, their employers can be held responsible.
If you have questions, you can always contact our firm for answers.
What Evidence Should I Have To Sue For Wrongful Termination?
Potential victims of wrongful termination should make sure to have ample evidence to file a claim. Evidence can include the following:
- Videos or recordings of the firing and its reasoning, such as statements from your boss detailing why you were fired
- Eyewitness or coworker statements if they overheard or were told that you were to be let go for an unlawful reason
- Emails or messages that indicate your termination
- If you went to Human Resources to complain about mistreatment in the past, you should print out any emails that were sent to you as confirmation of your interaction
Without evidence, an unlawful firing case can simply turn into a case of he-said, she-said. Let our lawyers guide you through the process to ensure that you have the best possible chance of success.
Why Do I Need An Attorney For My Wrongful Termination Case?
You should hire an attorney for your wrongful termination case because of the sheer amount of experience you are afforded. Many regular individuals do not have a vast array of knowledge concerning employment law, the rules of the workplace, and the methods to winning claims. You could easily be lost after you submit a claim, and you may not have any negotiating experience at all. You may not even be able to prove that you were unlawfully terminated.
Our lawyers will be able to help you gather the evidence you need and we will work around the clock to secure you the compensation you deserve. You will spend your time on other things, but our job is to fight for you – and we will do so constantly until we are satisfied.
What Is The Statute Of Limitations For A Wrongful Termination Lawsuit?
A wrongful termination lawsuit can be filed for a certain amount of time after the incident occurred. Once the time limit has run out, however, you will be prevented from pursuing further compensation. It is crucial, therefore, that you collect all the evidence you need and get your claim started so you have the maximum amount of time to get your case taken care of.
There are different statutes depending on what kind of wrongful termination you suffered. For example, the general rule is that you have 2 years from the date of the firing, but you could have 3 years if it violated Labor Code 1102.5. Further, if the termination was in violation of the Fair Employment and Housing Act, you only have 1 year to file a claim.
You also have a reduced amount of time if you plan on filing a lawsuit against government institutions or state facilities.
To accurately determine how much time you have left, you should contact one of our wrongful termination attorneys in Sherman Oaks.
What Can I Receive From A Wrongful Termination Claim?
As a victim of a wrongful termination lawsuit you could earn a few different types of compensation, such as reimbursement of your lost wages from the past and future, reinstatement into your old position, emotional and psychological trauma, and more.
You could also earn punitive damages if the company or your boss were particularly negligent and discriminatory. These damages are meant to dissuade the party from acting that way again, and the additional forms of monetary compensation give that weight. However, many judges view these damages as excessive, and as a result, they are rarely handed out. Only a skilled lawyer will be able to win them for you.
The Best Firm in Town
If you need assistance with your wrongful termination case, look no further than the California Labor Law Employment Attorneys Group. We can provide you with a lawyer in Sherman Oaks for your wrongful termination lawsuit, and we will gladly represent you from start to finish. If you wish to learn more about our firm and how to file a claim, you are more than welcome to reach out. We promise to do all we can to secure you the restitution you deserve, and we are willing to go to court to fight for your rights if necessary.
Contact our firm today for a free legal consultation to discuss your case. We’ll tell you what we believe your case is worth and we’ll give you all the information you need to know. We will also tell you more about zero fee guarantee, which states that you won’t touch your own savings at all throughout the case. We will get paid only if we win your settlement – your employer will essentially pay your legal bills. If we lose, we take no money whatsoever.
For more help filing a wrongful termination lawsuit in Sherman Oaks, get in touch with the California Labor Law Employment Attorneys Group.