Losing a job under any circumstances can be a stressful and traumatic experience. When the termination was unlawful or occurred under unfair circumstances, such as a consequence of retaliation, harassment, or discrimination, the termination can be considered particularly egregious. Laying off a worker or firing him or her by means of a violation of his or her civil rights is known as a wrongful termination.
In California, when a worker has been wrongfully terminated, he or she may have the opportunity to seek compensation for losses caused by the termination. Workers are protected under state and federal employment laws, and these laws can be enforced in court. If you find yourself in this difficult situation, you will need to seek legal counsel from a wrongful termination attorney who will advocate on your behalf and help you obtain the compensation you need to recover from your significant losses.
How Your Job Contract Can Affect Your Wrongful Termination Case
In the State of California, a vast majority of employees are considered at-will. Being employed as an at-will worker means that the worker can be fired for any reason, no reason at all, and at any time so as long as the reason is legal. Still, there are important exceptions to at-will employment that should be considered.
Employees who have a contract with their employer will usually have conditions set for their employment, as well as the duration of the contract. When a contract is involved, it is likely that the employment is not considered at-will. For instance, workers who are employed for a specific period of time are not at-will workers. Another example that excludes workers from being considered at-will is an offer letter or some form of written document that promises continued employment. Having these documents can help a wrongfully terminated employee assert his or her rights in court.
Unfair Work Practice That May Constitute an Unlawful Termination
When an employer has acted in bad faith or has breached his or her duty, this can constitute an unlawful termination. Common examples of an unlawful termination can include:
- Laying off senior workers and replacing them with younger workers who will accept the job for a lower pay rate.
- Deliberately misleading workers about the opportunity for a salary increase or a promotion.
- Misleading workers about the negative aspects of the work in order to have them accept the work or assignment.
- Transferring workers to an undesirable location or giving them undesirable assignments with the purpose of making them quit without severance pay and other benefits they would otherwise be entitled to.
- Taking adverse action against workers in order to prevent them from collecting payments and commissions otherwise owed to them.
Contact an Experienced Wrongful Termination Attorney
If you have been unlawfully terminated from your employment, have faced discrimination in the workplace, or are facing retaliation that led to your job loss, it is very important that you seek the legal support of an experienced attorney. A skilled wrongful termination attorney will ensure your legal rights are protected and will ensure you obtain a full compensation for your damages.
SANFORD A. KASSEL, A Professional Law Corporation is dedicated to the pursuit of protecting the rights of workers in the State of California. If you suspect you have been unlawfully terminated from your place of work, consider contacting the support of SANFORD A. KASSEL, A Professional Law Corporation. Contact the law firm today to schedule your free, no-obligation consultation.
