For most people, their job is about paying the bills and having financial security. Losing your job, especially when you are not at fault, can be stressful and overwhelming. Sadly, wrongful termination is a reality that many workers have to face, often for reasons that are hard to comprehend. Employees in the state of California have legal rights. In case your rights were violated, and you have been terminated unlawfully, you may want to seek expertise of an employment lawyer Irvine CA. In this post, we are sharing a few basic details that employees need to know.
Understanding “at-will” employment
For the unversed, California is an “at-will” employment state. This means that employers can choose to terminate an employee for diverse reasons, even when the reason is unfair and unlawful. However, an employer cannot fire an employee, if
- It would mean breaching a contract
- The termination is related to sex, age, gender, disability, medical issues, pregnancy, national original, and religion.
- The termination is related to veteran or marital status.
- The employee asked for medical or pregnancy leave
- The employee has filed a case of sexual harassment
- The employee is a whistleblower
- The employee asked for fair pay
- The employee filed a worker’s compensation claim
In most cases, employers wouldn’t make the mistake of wrongful terminating someone with a reason that can get them into trouble. Therefore, the eventual reason is usually fake. Consider consulting an attorney for understanding your case better.
What can you recover because of wrongful termination?
If you were wrongful terminated and the matter is proved, you can ask for compensation. This will typically cover for lost earnings, benefits, and wages, along with pensions, bonuses, and penalties. You may also recover interest, attorney fees, and punitive damages. Depending on the facts of the case, your lawyer may even want to fight to get you reinstated in your job.
What to do if you have been wrongful terminated?
First things first, gather as much documentation related to your employment and termination as possible. Do not retaliate, but wait for a lawyer to give you sound advice. Consider contacting an employment attorney as soon as possible, so that you can take action in time. Even the top attorneys will be happy to offer a free evaluation of your case. Don’t shy away from asking questions that are relevant to your case and their expertise.
Don’t bear the brunt of wrongful termination – Talk to an employment attorney at the earliest.