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Losing a job is never easy, particularly if you were fired from the job and you feel as though the termination was unjust. In cases of wrongful termination, there is often a violation of your rights, which may entitle you to file a claim against your former employer. However, understanding what constitutes “wrongful termination” may help you decide if you should seek the aid of an attorney.
Because California is considered an at-will state, employees can leave their job at any time, and employers can terminate an employee whenever they want. However, this does not mean that your legal rights are also terminated.
Because California policies, statutes, and regulations protect employees, the phrase “wrongful termination” is applied when these public policies are violated. Under the Labor Code, employees are protected against discrimination based on:
Therefore, if an employee is fired because of an identifier that does not pertain to the performance of their job, the employer is in violation of public policy. Other examples of wrongful termination include the following situations:
There are many other situations that can be classified as wrongful termination.
All employees are protected against wrongful termination if they:
Employees that are considered independent contractors are not protected from wrongful termination.
Both California and the federal government protect employees from wrongful termination through various laws, at least one of which would have to be violated to qualify for a claim. The laws include:
There are several classifications for wrongful termination, making it difficult to recognize. In some cases, the termination is both lawful and wrongful, which may cloud the options you think you have. Types of wrongful termination include:
If you feel you have been a victim of wrongful termination, there are key steps you should take to protect yourself.
A: Wrongful termination occurs when an employee is forced to leave their job due to intentionally created intolerable working conditions or is denied medical leave as defined by law. Wrongful termination also applies if the termination was due to an identifying quality that is unrelated to the job, such as:
A: Each claim is unique, and the amount that a person is entitled to will vary. However, the average award for wrongful termination cases is less than $70,000. Most settlements, however, are confidential, and therefore the average is based on the data available. An employment attorney can help you determine the compensation that you can seek for your case.
A: Wrongful termination is proven through the evidence. In many claims, this involves producing recorded communications such as emails or voicemails, eyewitness accounts from fellow employees who can verify the information, and company employment data that can show a history of harassment or discrimination. Any information gathered while employed should be dated, the location noted, and any participants in the conversation or incident listed.
A: In a sense, yes. California is considered an at-will employment state, which means that an employee and an employer may terminate employment at any time. However, they may not do so based on prejudice, discrimination, or harassment. A wrongful termination lawyer can help you determine if you have a case for wrongful termination.
If you feel that you have been the victim of wrongful termination, seek the help of a knowledgeable and trusted employment attorney. They can review the facts of your claim and help you seek any compensation you may be entitled to. Contact the Law Offices of Corbett H. Williams today.
The law offices of Corbett H. Williams takes most employee cases on a contingency fee basis
meaning that if we take your case, you pay nothing unless we recover for you.
If you are the victim of unlawful employment practices, including wrongful termination, sexual harassment, discrimination, or have not been paid all wages and benefits you are entitled to, the Law Offices of Corbett H. Williams can help. Call us today at 949-528-4220, or take a moment to fill out an online contact form for a prompt response. Delay could result in the loss of your claim, so don’t wait.
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The Law Offices of Corbett H. Williams is always prepared to get clients started down the road to a more secure future. Take the first step and contact the firm today. The attorney will take care to answer questions and help decide what the most effective next step can be.