Was Your Firing Or Layoff An Instance Of Wrongful Termination?
Wrongful termination is one of the most common issues that bring clients to our doors at The Velez Law Firm, PC. Not all employment in California is at-will. Termination of employees is illegal when it happens against federal or state employment laws and regulations, such as the bans on unlawful discrimination and retaliation.
If your wrongful termination has led you to look for a wrongful termination lawyer, we are interested in learning about the chain of events that led to this outcome. Our dedicated wrongful termination attorneys are ready to investigate and explore questions such as those discussed below.
What Is Considered Wrongful Termination?
Wrongful termination occurs when the employer violates a fundamental public policy based on a constitutional or statutory provision. If your employer has engaged in any of the following conduct, that employer may have committed wrongful discharge.
- Employment discrimination on the basis of race, color, national origin, religion, sex, gender identity or expression, sexual orientation, marital status, disability or medical condition, or military or veteran status
- Harassment and/or retaliation after an employee reported discrimination
- Retaliation against an employee for disclosing an employer’s violation of state or federal regulations to law enforcement or a governmental agency (whistleblowing)
- Discrimination or discharge of an employee for complaining about unsafe work conditions or practices
- Terminating an employee for requesting safe working conditions
- Terminating an employee for mentioning, complaining about or reporting violations of safety regulations according to the Occupational Safety and Health Administration (OSHA)
- Discharging an employee for:
- Disclosing working conditions or wages
- Exercising their right to earn overtime wages
- Complaining about wage and hour violations
- Refusing to engage in unlawful conduct
- Making a valid workers’ compensation claim
Was I Fired Illegally? How Can I Prove It?
At The Velez Law Firm, PC, our 60 years of combined legal experience have given us insights that allow us to evaluate such a question on an individual basis with precision and efficiency.
Your lawyer can advise you on how to gather evidence that may demonstrate that your employer acted illegally by firing you in violation of the provisions of the California Fair Employment and Housing Act, the Family and Medical Leave Act, the California Family Rights Act, the California Labor Code, the Constitution of the state of California or similar federal laws.
When we evaluate the facts, we may discover that you were fired for one of these or other illegal reasons:
- Discrimination on the basis of race, religion age or another disallowed reason for dismissing an employee
- Retaliation after you reported discrimination to the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH)
- Retaliation after you took a legally allowable family or medical leave under the Family and Medical Leave Act
Is It Worth It To Sue My Employer?
This is a perceptive, important question for any discharged employee to ask before initiating legal action. The time, money and aggravation that it takes to bring a wrongful termination claim against an employer will likely be worth it if you have a strong case.
Your lawyer can advise you as to whether your claim is likely to result in enough compensation to justify legal action. You may recover one or more types of damages as follows:
- Economic damages (recovery of lost wages and other financial benefits that you missed out on)
- Emotional damages (inconvenience, loss of enjoyment of life and mental anguish)
- Punitive damages (punishment to dissuade the employer from continuing with wrongful termination through illegal discrimination and retaliation)
- Attorney fees and court costs
Furthermore, your employer may be required to reinstate you to the job you were fired from.
No lawyer can guarantee a particular result in civil litigation. However, our in-depth experience often enables us to predict clients’ case outcomes quite accurately.
Request A Preliminary Case Analysis
Was your termination discriminatory? We are ready to look into your reports and other evidence to determine whether you have a case.