Do I Have a Wrongful Termination Claim in California? | Mann & Elias

Fired From Your Job In California? You May Have A Wrongful Termination Claim

Do I Have a Wrongful Termination Claim in California?

In California and virtually all states across the nation, employees are considered to be working at-will, meaning their employer has the right to fire them at any time and without notice. On the surface, this may sound as if you as an employee would have no recourse should your employer suddenly fire you from your job. However, in many instances these firings are actually illegal, which can open the door to you being able to file a wrongful termination claim against your employer. Yet since not all firings are considered wrongful terminations, it will be important that you first establish the firing was illegal. To learn if this was the case consult with the law firm of Mann Elias, where you will find an employment attorney in Los Angeles workers trust to protect their rights.

Employment Contracts

In many situations where wrongful termination is alleged to have occurred, the focus turns to an employment contract between the employee and employer. To have a violation of the terms of your employment contract, you and your Los Angeles unfair firing lawyers must prove that you were fired despite your contract stating you would be employed for a specific period of time, or that you could only be fired for very specific reasons. If your employer cannot justify the firing based on the terms of the contract, which can be in written or oral form, wrongful termination has taken place.

What Damages Can I Seek?

When you are a victim of wrongful termination, you can sue for various damages to which you were entitled. These usually include wages that have been lost, different types of benefits, and anything else specified in your contract or employment agreement. Since your employer will almost certainly balk at having to compensate you following the firing, don’t take anything for granted. To increase your odds of winning your case, hire a lawyer  that will hold employers accountable for their wrongdoing.

Workplace Discrimination

Despite the many advances made in today’s modern workplace, it is still not uncommon for employers to fire workers based on their race, sexual orientation, religion, pregnancy, or even their political beliefs. Whatever the case may be, each of these areas as well as many others are known as being protected categories against discrimination. If you feel as if you were fired from your job due to being discriminated against in these or other categories, you may find yourself having an extremely convincing workplace discrimination claim. Should this happen, you can sue for your lost wages and benefits, costs associated with court and attorney fees, emotional suffering, and possibly punitive damages if your employer’s actions were especially grievous.

Retaliation Firing

While workplace discrimination firings are more common than many people realize, so too are retaliation firings in companies large and small. When these firings happen, it is usually because an employee has attempted to exercise their employment rights. For example, if you filed a harassment or discrimination complaint against your employer, were injured on the job and made a workers’ compensation claim, or even complained about being forced to work overtime in an illegal manner, these could result in a retaliation firing. Fortunately for you as an employee, California is widely regarded as the state that offers workers the most legal protection in such matters. Just as with firings brought about by workplace discrimination, you can trust lawyers that handle wrongful termination to seek maximum compensation from your employer.

Public Policy Claims

In these instances, an employer may fire you for activities you may have pursued outside the course of your job. For example, if you take part in a political rally that differs from your employer’s point of view, you may be unexpectedly and illegally fired. In other situations, an employer may fire you because you refused their request to do something illegal, such as lying to law enforcement officials or others during an investigation. Though no specific law may necessarily be broken by your employer in these cases, you can still file a wrongful termination claim due to you having the right to refuse to do something illegal or exercising a legal right such as freedom of speech or religion. To see that justice is served, rely on an employment attorney to get you the compensation you deserve.

Additional Claims

Along with having a wrongful termination claim, you as an employee may also have additional claims that your lawyers can pursue. Many times, these claims center on sexual harassment. If this took place, you can not only file your wrongful termination claim, but also a personal injury lawsuit seeking compensation for sexual assault. In other instances, you may file a lawsuit alleging employer fraud if the employer promised you one thing and then delivered something far less than what a reasonable person would expect. Since these legal situations require the expertise of lawyers, rely on those with a successful record of winning these cases.

Negotiating a Severance Package

Since many employers want to do anything but wind up in court and have a subsequent wave of negative publicity come their way, they may be willing to work with your lawyer to negotiate a severance package. However, before deciding to take an employer’s offer, always consult to make sure the compensation granted you will be comparable to that you could gain from settling a lawsuit out-of-court.

Since you have worked hard to get where you are in your career, do not let a revenge-minded employer take it away from you through wrongful termination. To get the justice and compensation you deserve, schedule a consultation soon with lawyers from Mann Elias.

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