Enlist the help of a wrongful employment termination California lawyer at Melmed Law Group. Schedule your free consultation with one of our lawyers for wrongful termination today.
What is “Wrongful Termination?”
California is an at-will employment state. This means that an employer or an employee may terminate the employment relationship at any time, for any reason, as long as the reason is not illegal. It does not make a difference whether the employee actually did anything wrong. If the employee is at-will, then the employee can be fired for any reason at all, with some limited exceptions. These exceptions are where wrongful termination attorneys step in. If an employer violates any of these exceptions, they may be liable for “wrongful termination.” An employer cannot terminate an employee for an unlawful reason. If an employer fires an employee for an unlawful reason, then the employee may be able to bring a successful claim against the employer for wrongful termination.
Who Can Bring a Wrongful Termination Claim?
Only an employee (or a former employee) can bring a claim for wrongful termination. Usually, an independent contractor who is discharged, cannot bring a claim for wrongful termination. However, a wrongful termination attorney can assist if the independent contractor was misclassified as an independent contractor, and should have been classified as an employee, then the independent contractor may have other claims that he may pursue, such as claims for misclassification. If you are unsure whether you qualify to bring forward a claim, schedule a free consultation today with a wrongful employment termination California lawyer at Melmed Law Group. A lawyer for wrongful termination can help you understand your legal options.
Do I Have to Be Fired to Bring a Wrongful Termination Claim?
The basic answer is yes. However, the law is nuanced– a fact our wrongful termination attorneys know well. Some courts in California may allow a claim where an employee wasn’t fired, but where the employee was demoted or suspended without pay for a reason that violates public policy. These cases are typically more difficult to bring a claim for wrongful termination but may be more appropriate as discrimination, harassment, or retaliation claims. Discuss your options with our wrongful employment termination lawyers to determine what legal routes are best for your unique circumstances. Schedule a free consultation today with lawyers for wrongful termination.
What Are the Common Types of Wrongful Termination?
As mentioned above, an employer cannot terminate an employee for an unlawful reason. Our wrongful termination attorneys are here to help. Some examples of being fired for an unlawful reason include (but are not limited to) being fired for:
- Having a physical or mental disability;
- Being pregnant;
- Race, gender, age, sexual orientation/gender identity, religion, or national origin;
- AIDS/HIV status;
- Military or veteran status;
- Victim of domestic violence, stalking, or assault;
- Political beliefs or activities;
- Retaliation for being a whistleblower;
- Retaliation for complaints regarding health and safety, unpaid wages, and Labor Code violations;
- Constructive termination (when working conditions are so intolerable, that an employee is forced to quit);
A wrongful termination California lawyer can explain there are many more situations that might give rise to a successful claim for wrongful termination. Contact a wrongful termination attorney at our office for a free confidential consultation to determine whether you have been wrongfully terminated.
What Should I Do if I Feel That I Was Wrongfully Terminated?
If you think you were wrongfully terminated, then you need to consult with lawyers for wrongful termination immediately. Talking to an employment lawyer about your wrongful termination situation is optional, but having an experienced employment lawyer assist you in filing a claim can be very helpful and beneficial.
Do I Need a Wrongful Employment Termination Lawyer?
If you think that you are a victim of wrongful termination or that you were wrongfully terminated from your job, you should contact wrongful termination attorneys as soon as possible. A skilled experienced wrongful termination California lawyer can help you understand the law, understand your rights, and can represent your interests in court, if necessary.
Wrongful termination cases are serious and can be quite complex. The company that fired you likely has its own lawyers for wrongful termination, and so should you.
An experienced employment lawyer can gather all the facts pertaining to your case, determine your best course of action, and seek the damages to which you are owed.
What Can I Recover if I Bring a Successful Wrongful Termination Case?
Each case is different, and you need to speak to a wrongful termination attorney to determine exactly what forms of damages you may be entitled to recover in the event that your case is successful. However, the typical damages that may be available in your case can include:
- Lost wages (including back pay and front pay, benefits);
- You may also potentially be able to recover emotional distress damages (depending not the type of case you bring);
- You may also be entitled to punitive damages (depending on the type of case you bring and if the employer’s conduct was especially reprehensible);
- You may also be able to recover wrongful termination attorneys' fees and costs.
If you believe that you are a victim of wrongful termination, it is important that you speak to a wrongful employment termination California lawyer who can advise you about your options to pursue a claim. The lawyers for wrongful termination at our office regularly handle wrongful termination cases across the entire state of California. Reach out now for a free confidential consultation and to learn more about cases brought on behalf of victims of wrongful termination. Get started with our wrongful termination attorneys today.