Sacramento Wrongful Termination Lawyer
Wrongful termination is a group of circumstances in which an employer fires an employee and breaks the law in doing so. Job security is an essential element of a stable life. It is important to know that the job you have today will be providing you with an income well into the future. This kind of security is not always attainable because California is a “right-to-work” state. This means that employment can, in most situations, be terminated by either the employer or the employee without requiring any particular reason. However, the law does protect workers from job loss in certain circumstances. In these cases, with the help of a skillful California labor lawyer, you might be able to recover damages resulting from a wrongful termination.
Many laws protect you against a wrongful termination, including the California Fair Employment and Housing Act (FEHA), Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), the Equal Pay Act, the Americans with Disabilities Act (ADA) and other laws.
When is a Termination “Wrongful” in a Right-to Work State like California?
First and foremost, the law does not allow your employer to terminate you based on discrimination because you are a member of one of several classes protected by law. These include:
- Sexual orientation
- National origin
- Medical Condition
Sometimes workers are afraid to do certain things that are their legal right, for example taking family leave, filing a sexual harassment
complaint, workplace discrimination complaints, wage and hour or OSHA violation claim, or participating in union activities. The law protects you from termination and other types of retaliation when you are exerting a right that is legally yours.
Other Public Policy Violations
You have the right to take time off from work, without fear of retaliation, to participate in certain activities in the public interest:
- Jury Service
- National Guard Service
- Military Service
If you become aware that your company is systematically engaging in an illegal activity, you may feel that you have a moral obligation to expose the wrongful act. You may fear the consequences of doing so, because you need your job and can’t afford to risk termination or some other form of retaliation.
Fortunately, laws are in place to protect employees who expose the wrongs being perpetrated by their employers. In California, as in other states, it is illegal for a company to terminate or retaliate against an employee who is a whistleblower. If the United States Government is a victim of the company’s illegal act or the company is deliberately violating a federal government regulation, you are not only protected from termination or retaliation but may even be able to receive a monetary award—a percentage of the government’s recovery.
Contracts: Written and Implied Promises
If you entered into an employment contract, either written, verbal, or implied, you may have a case for wrongful termination. A written contract is usually straightforward, but an implied contract is more difficult to prove. Courts will look at several factors when determining if an implied employment contract exists, for example:
- Any promises of long-term employment at the time you were hired
- How long you’ve worked for the company
- Information and procedures described in the employee handbook
- Your performance reviews
- Whether you’ve received regular promotions
- Whether or not usual termination procedures were used, for example if you were not given a warning and an opportunity to correct a problem
Damages you may potentially recover for wrongful termination include, among others:
- Loss because of termination
- Loss of future opportunities
- Emotional distress, inconvenience, and other non-economic damages
- Legal fees
Expert Legal Assistance for Wrongful Termination
Your ability to work for a living is essential to your well being and that of your family. If you are performing your job well, you deserve to be treated equally to other employees, regardless of your race, national origin, gender, sexual preference, age, disability, or genetic status. If job security has been promised or implied, your employer ay have an obligation to honor those promises. With an experienced California labor law attorney working for you, you may have recourse if you’ve been fired without a valid reason. Call Labor Law Office, APC in Sacramento, California, to learn the options that might be available to you if you’ve been wrongfully terminated from your job. We have a 20-year record of success in employment law cases, and being court approved as class counsel in over a hundred class actions involving wages.
We offer a free case evaluation to identify any violation of your rights, which may include rights you aren’t aware of. Call Labor Law Office today for a case evaluation. Time limits and procedures must be adhered to in certain actions or you risk losing your right to sue for the wrongful termination. So, don’t delay.