If you have recently been let go of your employment and have reason to believe that you have a wrongful termination claim, you may have the opportunity to collect restitution for the loss of wages and benefits. Workers who have been terminated in violation of a contract, due to discriminatory reasons, or for otherwise exercising his or her legal rights could have a valid wrongful termination case.
Most employees in the State of California are employed by means of at-will agreements. This generally means that those employed on an at-will basis can be terminated at any point of their career, with or without proper notice. Although this is the case for most workers, the State of California has adopted a few statutes that has made it unlawful for workers to be terminated.
If you or someone you know has recently let go of a job for wrongful reasons, it could be beneficial to seek the legal expertise of a trusted team of attorneys who can assist you. If you have been wrongfully terminated in the State of California, you have every right to bring forth a case against your employer. Filing a claim can help you obtain financial restitution for your damages.
Claims Based on Contract Employment
If you have entered into a contract that promises to safeguard your employment for a length of time, your employer has the responsibility to uphold the terms of said contract. In the event that you have lost your job despite such clauses existing in your contract, you could have a valid case against the employer for a breach of contract.
It is worth noting that the contract does not have to be written. In fact, valid contracts could be upheld if they were agreed upon through spoken terms or were otherwise implied. For instance, if there was a clause in your employee handbook that states that company employees can only be terminated for good cause, you cannot be fired on an at-will basis.
An employer who has breached a contract may need to compensate for the loss of wages, benefits, or anything else the employee may have received if he or she was still employed.
Claims Based on Discrimination
An employer cannot make a work-related decision based on a person’s protected characteristics. The State of California will protect the following personal rights of a worker:
- National origin,
- Race,
- Skin color,
- Sexual orientation,
- Pregnancy status,
- Religion,
- Sex,
- Disabilities,
- Marital status,
- Medical conditions,
- Citizenship status, or
- Military status
Although this is a limited list of protected characteristics, you can obtain the legal representation of a qualified attorney who can help you establish if you have a valid case against your employer. Even if you are unsure if you have a case, an experienced attorney can help you build a case based on lesser known factors.
Claims Based on a Violation of Public Policy
Under California law, a violation of public policy will happen when the employer has fired an employee under the following conditions:
- The employee refused to break the law;
- The employee is carried out his or her legal obligations;
- The employee exercised his or her legal rights and/or privileges; or
- The employee reported a possible violation of law.
As previously mentioned, many employees are hired on a basis of at-will employment, which will mean that employees can be discharged for no reason, unless of course, there is a contract. However, employees terminated based on a violation of public policy will continue to have the legal right to file a lawsuit for the wrongful termination, whether or not they are considered at-will employees.
When It Comes to Wrongful Termination in California, You Have the Legal Right to Fight for Your Rights
There are numerous elements that could lead determine if a person was wrongfully terminated in the State of California. If you have reason to believe that you were wrongfully terminated, seek the legal expertise of knowledgeable attorney who can guide you. By filing a claim, you could obtain the financial compensation you deserve.
The attorneys at SANFORD A. KASSEL, A Professional Law Corporation are highly experienced in the field of wrongful termination cases in the State of California. They are dedicated to ensuring that wrongfully terminated workers receive the monetary compensation they deserve.
