Introduction
Experiencing job loss can be challenging, especially when you suspect that your termination was unfair. Wrongful termination, also known as unlawful firing, occurs when an employee is dismissed from their job for illegal reasons or in violation of company policy or employment law. Understanding your rights as an employee is crucial to protecting yourself from such unlawful practices.
If you believe you have been wrongfully terminated, it is important to consult with an unlawful termination lawyer. Law firms for wrongful termination can provide the expertise and support you need to navigate this complex area of employment law. This blog will help you identify if you are a victim of wrongful termination and guide you on the steps to take for legal recourse.
What’s Wrongful Termination?
Wrongful termination, also known as unlawful termination, occurs when an employee is fired from their job for reasons that are illegal or violate the terms of an employment contract. This can include being terminated for discriminatory reasons, in retaliation for exercising legal rights, or without following proper legal procedures.
Common reasons for wrongful termination include:
- Discrimination: Being fired based on race, gender, age, religion, disability, or other protected characteristics.
- Retaliation: Termination as a response to an employee’s lawful actions, such as filing a complaint about workplace safety, reporting harassment, or whistleblowing.
- Breach of Contract: Dismissal that violates the terms of a written or implied employment contract.
- Violation of Public Policy: Termination for reasons that violate public policy, such as firing an employee for refusing to engage in illegal activities.
Common Signs of Wrongful Termination
Understanding the signs is essential to recognize if your termination was wrongful and to seek appropriate legal assistance from an unlawful termination attorney. These are the most common signs:
Work Termination After Filing a Complaint or Whistleblowing
If you have recently filed a complaint about workplace issues, such as harassment, safety violations, or illegal company practices, and were subsequently terminated, this could be a case of retaliation. Employers are prohibited from firing employees for exercising their right to report illegal occurrences. Consulting with a lawyer who specializes in unlawful termination can help determine if your dismissal was in retaliation for whistleblowing.
Discriminatory Reasons (Race, Gender, Age, etc.)
Being terminated based on discriminatory reasons is a clear sign of unlawful termination. If you believe you were fired because of your race, gender, age, religion, disability, or other protected characteristics, this violates anti-discrimination laws. It’s essential to gather evidence, such as discriminatory comments or unfair treatment compared to others.
Retaliation for Exercising Employee Rights
Employees have certain rights protected by law, such as taking family leave under the Family and Medical Leave Act (FMLA) or its California equivalent, the California Family Rights Act (CFRA). If you were terminated after exercising these rights, it might be a case of unlawful firing. Retaliation for taking legally entitled leave, such as maternity or paternity leave, is illegal. (Blog: Understanding medical or family leave policies in California)
Seek Legal Action
Legal counsel can help you understand your rights, available options, and advise you on gathering the necessary documents and witnesses to support your claim.
Since 2001, the attorneys from Rothschild & Alwill, APC have dedicated themselves to workers needing legal assistance. Our experienced labor and employment lawyers can advise you on any potential legal claims. You deserve sound judgment, hard work, skilled representation, and to be treated with dignity during every step of the process.
Email us or call or office in our Central Valley office in Bakersfield at (661-369-8510) or in Santa Barbara at (805-845-1190) to schedule an initial confidential consultation at no charge. Se habla Español.
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Legal Protections Against Wrongful Termination
Federal and state employment laws are designed to protect employees from wrongful termination and ensure fair treatment in the workplace. These laws provide a framework for identifying and addressing unlawful firing practices. Key federal laws include the Fair Labor Standards Act (FLSA) and regulations enforced by the Equal Employment Opportunity Commission (EEOC).
California has robust employment laws that provide additional protections against wrongful termination:
California Fair Employment and Housing Act (FEHA): FEHA prohibits employment discrimination based on race, color, religion, sex, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, disability, medical condition, genetic information, military or veteran status, and age (40 and older). It also protects employees from retaliation for opposing discriminatory practices or participating in a related investigation or lawsuit.
California Labor Code: This code includes various provisions that protect employees from wrongful termination. It also protects employees who take legally entitled leave under the California Family Rights Act (CFRA) or the federal Family and Medical Leave Act (FMLA).
Whistleblower Protections: California’s whistleblower protection laws safeguard employees who report illegal activities or unsafe working conditions from retaliation, including wrongful termination.
Steps to Take If You Suspect Wrongful Termination
If you suspect wrongful termination, start by documenting all events leading to your dismissal, including dates, interactions, performance reviews, and any related correspondence. Gather evidence such as emails, text messages, and witness statements that support your case. Review your employment contract and company policies to identify any violations. Then, seek advice from an unlawful termination attorney. Schedule a consultation to discuss your case and present your evidence.
Conclusion
If you suspect you have been wrongfully terminated, it is essential to take immediate action. Document the events leading to your termination, gather all relevant evidence, and seek advice from an unlawful termination lawyer. An experienced attorney can help you navigate the complexities of your case, protect your rights, and pursue justice.
Rothschild & Alwill, APC, specializes in wrongful termination and offers expert guidance and legal support. Whether you need help addressing unfair termination, unlawful firing, harassment, or other employment law matters, reaching out to Rothschild & Alwill, APC can provide the necessary resources and advocacy to navigate these challenges effectively. Email us or call our office in our Central Valley office in Bakersfield at (661-369-8510) or in Santa Barbara at (805-845-1190) to schedule an initial confidential consultation at no charge. Se habla Español.