If you are here today because you think you have been wrongfully terminated by your employer, we strongly encourage you to seek legal assistance immediately. At Rager & Yoon – Employment Lawyers, our knowledgeable and experienced wrongful termination attorneys thoroughly understand these cases. We will investigate your claims and work to secure any compensation you may be entitled to. Whether you have been terminated for discriminatory reasons, retaliation, or something else, we are ready to help.
Why would a termination become illegal?
California is an “at-will” employment state, which generally means the employer has a right to hire and fire a person for any reason. However, there are often times when a person loses their job because of discrimination, retaliation, or other illegal reason as defined by state or federal law.
Discrimination: One of the main reasons a person is wrongfully terminated is due to discrimination. According to the US Equal Employment Opportunity Commission (EEOC) and the California Department of Fair Employment and Housing (DFEH), there are strong protections in place to shield any worker from discrimination based on the following:
- Equal Pay/Compensation
- Genetic Information
- National Origin
- Sexual Harassment
California also provides strong protections for workers against discrimination based on their sexual orientation, gender identity, or gender expression.
Any worker who is fired for discrimination based on any of the above factors has been wrongfully terminated and should pursue a claim against their employer.
Retaliation: Workers in California are also protected from termination due to retaliation by their employer for the following:
- Reporting unsafe working conditions.
- Reporting instances of discrimination or harassment in the workplace.
- Discovering and reporting unequal pay between women and men.
- Participating with or becoming a witness in an EEOC or state investigation.
- Refusing to participate in or reporting the illegal/fraudulent activities of the employer.
Violations of public policy: There are a variety of laws in place to protect employees, and workers cannot be terminated for participating in the following:
- Taking time off is allowed through the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA).
- Serving in the National Guard or military reserve.
- Taking time off to vote or for jury duty.
- Requesting accommodations allowed through the ADA.
Violation of company written policy: There are times when an employer bypasses company disciplinary policies, such as written and verbal warnings, and terminates an employee. This is a violation of an agreed-upon contract.
Below are some important questions you can ask yourself to help you determine whether or not you have been wrongfully terminated.
If you can answer yes to any of these questions you need the help of an attorney now.
By now we already know that federal laws prohibit employees from being fired due to reasons like their age, gender, race, etc. There are also some states that forbid discrimination on the basis of identity or sexuality.
- Is there any evidence that you were terminated due to discrimination reasoning? This could involve statements from the employer whether written or verbal.
- Is there evidence of discriminatory reasons? Did you notice if women were only fired during layoffs or if you were fired after your employer learned your age, religion, etc.?
- Is there any indication that similar employees are treated differently on the basis of age, gender, race, etc.? A good example of this would be an employer who allows the youngest employee to go unpunished for tardiness while an elderly employee is terminated may count towards age discrimination.
- Did an employer or superior make comments or take actions to indicate they have a bias against certain groups of people? Were witnesses around?
- Did an employer or superior make comments that would indicate they prefer one group of employees over another? For example, if an employer stated that recent college graduates make the best new hires or that he or she works with the best women. Were witnesses around for that as well?
Laws don’t just protect against firing on the basis of discrimination it also forbid harassment on any individual. Offensive remarks about an employee’s race or gender do constitute harassment. Should any comments go beyond teasing and isolated incidents are a sign of creating a hostile work environment. If any of the following are true, you may have a harassment wrongful termination case on your hands.
- Did the employer or superior make offensive or insulting remarks about age, gender, race, religion, sexuality, etc.? Sometimes general comments not even directed at specific employees can create a hostile work environment.
- Were the comments made on a regular basis and in front of others?
- Did the employer or superior make any unwanted or unwelcome sexual advances or requests?
- In the event, an employer and employee were involved in a relationship, did the relationship or its end result in the employee’s termination or negative treatment?
If you answered yes to any or all the questions above you have a valid wrongful termination claim. You could be entitled to compensation or even reinstatement of your job. Rager & Yoon – Employment Lawyers will assign the most experienced and knowledgeable attorney to your case. From there, our lawyers will discuss your situation, investigate what options may be available to you and the best course of action moving forward.
Let us help you through this
If an employer has wrongfully terminated you or somebody you care about, contact a skilled and experienced attorney today. At Rager & Yoon – Employment Lawyers, we are going to put the full resources of our firm on your case in order to secure any compensation you are entitled to. This can include:
- Reinstatement to your job
- Front pay and back pay
- Interest on unpaid wages
- Pain and suffering damages
- Court cost and legal fees
- Possible punitive damages against the employer
When you need a Long Beach wrongful termination attorney, you can contact us by clicking here or calling us at 310-527-6994 for a free consultation.
Get help today when you call us. We fight on your behalf for justice, fair treatment, and the compensation you deserve. Don’t wait to file a claim, act now to give yourself the best chances of successful results.