The Most Common Grounds for Wrongful Termination Lawsuits
Wrongful Termination is One of the Most Common Issues in the Workforce.
Employment in California is considered at-will employment, which allows termination of the working relationship by either the employee or employer without cause.. While this grants the employee and employer flexibility, it doesn't mean its without legal boundaries, especially when it comes to what an employer is permitted to do when terminating someone’s employment. California and federal laws protect workers from unfair terminations, creating potential grounds for wrongful termination lawsuits. Understanding these circumstances is crucial for employees to safeguard their rights.
Navigating California's employment landscape requires awareness of legal nuances, which is why it’s important to know the most common causes of wrongful termination that have grounds for a lawsuit. If you are uncertain about having a case, consulting an experienced employment lawyer can help you assess whether grounds for a wrongful termination lawsuit exist. They can provide legal guidance about potential restitution for unjust terminations.
5 Most Common Grounds For A Wrongful Termination Lawsuit
- Employment Discrimination:
- Employment laws prohibit termination based on protected characteristics like race, religion, gender, age, disability, and many more. If you suspect discriminatory reasons behind your termination, consult an employment lawyer for guidance.
- Employer Retaliation:
- Laws safeguard employees from retaliation for actions like filing complaints about wrongful conduct, taking family leave, or reporting illegal activities. If terminated due to retaliation, you might be eligible for damages.
- Contract Violations:
- Breach of employment contracts can be grounds for wrongful termination. Violations of contractual terms including those governing the end of employment may entitle you to sue for lost wages and benefits.
- Wrongful Constructive Termination:
- California law addresses wrongful constructive termination, allowing lawsuits even if not explicitly fired. For example, if forced to resign due to intolerable work conditions, you may have grounds for a lawsuit.
- Public Policy Violations:
- Firing employees for exercising legal rights, like refusing to perform illegal tasks or for reporting violations, is unlawful. If terminated for such reasons, you may claim damages for lost wages and benefits.
What To Do
If you believe you’ve been wrongfully terminated, we recommend taking immediate action:
- Consult with an experienced California wrongful termination attorney to establish a legal relationship.
- Preserve all relevant evidence, including written documents from your employer (termination letter, performance reviews).
Ensure you have copies of crucial documents and request any missing ones from your employer. An attorney can assist with assertive requests if needed. A California employment lawyer can guide you in evidence gathering and identify key elements for your case's progression.
Key evidence supporting an illegal termination claim can include:
- Recorded communications like emails or voicemails depicting harassing or prejudiced behavior from managers.
- Supportive accounts from co-workers who witnessed discriminatory actions, such as harassment by a supervisor.
- Company employment data indicating systemic prejudice, such as a lack of diversity in management positions.
- Oral interactions related to termination, job performance, or expectations about job security are vital. Document these, noting the date, place, and participants for each conversation.
Given the there can be multiple motives for a termination, which can include unlawful reasons, thorough documentation is crucial to establishing wrongful termination under California law.
What Can I Win?
California wrongful termination cases may result in various damages for the plaintiff, including:
- Lost Wages and Benefits: Back pay plus interest, accounting for wages and benefits you could have earned had you not been terminated and calculated up through a judgment.
- Job Reinstatement: Rarely sought, reinstatement includes restoring you to the same or similar position you held at the time of termination including the same seniority.
- Loss of Future Wages/Front Pay: What you would have earned in the future had the termination not occurred and calculated form the date of judgment to a certain point in the future.
- Emotional Distress/Pain and Suffering: Compensation for mental anguish, loss of enjoyment, anxiety, and more.
- Attorney’s Fees and Litigation Costs: Owed by an employer found liable for wrongfully terminating employees in specific cases, such as under the Fair Employment and Housing Act.
- Punitive Damages: Designed to punish the employer for egregious behavior, awarded in cases of oppression, fraud, or malice.
- Declaratory and Injunctive Relief: Depending on the base of the lawsuit, relief may involve court declarations or injunctions.
The damages you can pursue in your wrongful termination lawsuit depend on the specific facts of your case. To better understand your rights surrounding your termination, it is advisable to consult with an employment attorney who can evaluate the details of your situation.
Conclusion
California's employment statutes aim to safeguard workers from unjust dismissal, discrimination, and harassment. Should you suspect wrongful termination, an employment attorney can aid in holding your previous employer liable and securing rightful compensation for your ordeal.
Consult with LFECR, an experienced employment law firm that can provide guidance, support, and legal representation to help you pursue justice and hold your former employer accountable for their actions. You can navigate the legal process and work towards a fair resolution with the right legal counsel.
If you or someone you know is seeking support, our experienced labor rights lawyers at Lawyers for Employee and Consumer Rights are here to guide you toward a resolution that upholds your rights and dignity.
Call 844-697-4448 today for a free and confidential consultation to get the help you need and deserve.
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