Still spinning from being fired? Dazed and wondering, “Was that fair or was I fired illegally?”
Were you just handed the dreaded “pink slip”, fired, cut, laid off, vamoosed or otherwise separated from your employment? As soon as that shock and anger blows over, you have to ask yourself if you were fired rightfully, or if you were terminated illegally. First let’s discuss the basic ins and outs of wrongful discharge, then I’ll give you some valuable secrets and strategies that can help you prevent getting fired. Of course, this information is general so if you need further help, just call our office to speak to one of our San Jose wrongful termination attorneys. We are happy to help.
Let’s shed a little light on “wrongful termination,” (wrongful discharge) laws specific to California. California is what’s called an “at will” state; employees can be fired or leave a position at anytime with or without reason. However, there are still COMMON TRICKS companies use when attempting to get away with wrongful termination.
Ok, so was it wrongful discharge or not? Let’s look at a couple examples.
Four months ago, Mike was diagnosed with a heart condition. Because of new healthcare regulations, his employer’s expense will go up substantially with his new illness. If Mike’s company discriminates against, or fires him, he could have a Wrongful Termination or discrimination case.
The exact causes classified as wrongful termination are found in the Fair Employment and Housing Act (FEHA).Such causes range from such obvious employer misconduct as being fired for getting injured or pregnant, down to being let go while failing to follow their own guidelines contained in the company handbook.
To be perfectly honest, everyone feels wronged when they’re fired, but if your company acted unethically, it may be liable and you may be protected under the California Labor Code.
Both CA labor laws as well as federal labor laws can come into play in these complex cases. We are here to help put all the puzzle pieces together and get you through this process as your personal advocate each step of the way.
Certain cases can easily cross over into a discrimination or even a Harassment case. This is why we examine each case very carefully. We find that many employers willing to cross the line or break one labor law are usually violating others as well. If you work for a larger company and there are multiple employees who have been wronged by the same offensive actions, your case could warrant bringing a Class Action lawsuit.
Here is another example you may relate to:
Susanne worked for the same company for many years and after years of trying to ignore the harassment from her team she finally got the nerve up to go to human resources and report her boss and his team. As soon as her boss was reprimanded for ignoring her complaints of harassment he retaliated by firing Susanne.
In Susanne’s case she may be protected by several different statutes covering harassment, workplace retaliation, whistle blower protection in addition to wrongful termination.
Does this sound familiar? Were you fired in retaliation or unreasonably terminated? Call us now so we can evaluate your case. The time you have to file your case is limited, DONT WAIT. We will tell you if you have a case for FREE.
Is your boss following the California Labor Laws?