If you have been terminated from your job, you may be like many individuals and wonder whether or not you are the victim of a wrongful termination. As will be discussed more fully in a moment, not all job terminations – even unfair ones – meet the legal classification of being wrongful. With that duly noted, if you believe that you may have been the target of wrongful termination, you are wise to consult with an experienced California labor attorney to ascertain your legal rights. You can arrange an appointment with a California wrongful termination lawyer by calling (800) 337-7436.
Legal Definition of Wrongful Termination
As mentioned a moment ago, there exists a specific legal definition of wrongful termination in California and in the United States more generally. Again, although a person may feel that his or her termination was unfair and wrongful, applicable law classifies some specific types of termination as being wrongful. Based on applicable law, a wrongful termination occurs when a person is filed for an illegal reason or in breach of an existing employment contract.
California Wrongful Termination Lawyer and Examples of Wrongful Termination
Highlighting some specific examples of wrongful termination can be helpful in clarifying what is meant by this type of firing. Types of wrongful termination include firings that involve:
- Breach of employment contract
- Race gender
- Ethnicity
- Disability
- Age
- Religion
- Retaliation
- Sexual harassment
Breach of Employment Contract Wrongful Termination
One of the most commonplace types of wrongful terminations in California and elsewhere in the United States involves an employer’s improper breach of an employment contract. Some individuals enter into contracts of employment at the outset of starting their jobs. The contract spells out the manner of termination. Unfortunately, there are times in which a business or company fails to comply with these conditions.
When this occurs, an employee may be in the position to pursue a wrongful termination of employment claim. In this case, a claim is based on an improper work contract termination. As a result, should you find yourself in such a position, seek assistance from an experienced California labor attorney at (800) 337-7436.
Workplace Discrimination, Your Rights and a California Wrongful Termination Lawyer
Another situation in which a wrongful discrimination claim can arise is in the context of workplace discrimination. A short time ago we highlighted workplace discrimination wrongful termination examples.
An example of how workplace discrimination might result in a wrongful termination can be helpful in understanding this type of claim. Consider an individual has been subjected to racial discrimination on the job. Illustrating further how this might occur, imagine that a worker of color is required to undertake undesirable tasks and that there appears to be credible evidence that such assignments are made because of that worker’s race.
Improper employer motives can result in a worker objection. As a result of these reasonable and valid objections, an employer ends up firing the worker. The fired worker may be in a position to pursue a California wrongful termination claim.
Retaliatory Wrongful Termination
Retaliation is another form of California wrongful termination. Consider a situation in which an employee asserts lawful rights as an employee. After asserting these rights, an employer elects to retaliate against that employee. In some, in fact many, instances this retaliation takes the form of termination. In California and elsewhere in the country, retaliatory termination of employment is wrongful.
An example of retaliatory wrongful termination of employment exists in a situation in which an employee makes a lawful whistleblower complaint. In the aftermath of that valid whistleblower complaint, an employer elects to terminate that worker in retaliation. Such a scenario can result in an appropriate claim for wrongful termination against a California employer.
Constructive Wrongful Termination
A constructive wrongful termination claim might exist. Typically, this type of claim involves horrible work conditions. In fact. management creates such an environment. As a consequence, constructive termination occurs. In other words, the employer made the workplace conditions so grim that an employee had no choice but to leave a position of employment.
Justice After a Wrongful Termination: A California Wrongful Termination Lawyer on Your Side
Justice in a California wrongful termination case can come in a number of different forms. First, if you are the victim of wrongful employment termination, job reinstatement is a possibility. For example, the court can enforce a contract of employment.
In the alternative, rather than reinstatement to a position of employment, a worker who is the victim of a wrongful termination might receive financial compensation for injuries, damages, and losses sustained as a result of an improper firing. For example, financial compensation includes:
- Lost wages
- Value of lost benefits
- Lost opportunities
- Mental anguish and emotional distress
Particularly egregious facts and circumstances may exist. Therefore, punitive damages or exemplary damages may be appropriate. Legally, punitive damages represent additional compensation. In the end, particularly egregious conduct results in possible punitive damages.
For example, punitive damages might be available in a case involving racially motivated wrongful termination. In this instance, a determination of particularly racially discriminatory conduct. As a result, an additional claim for punitive damages may exist.
Punitive damages are not readily or easily awarded in a wrongful termination case. As a result, this type of compensation underscores for a skilled California wrongful termination attorney.
Protect Your Legal Rights with an Experienced California Wrongful Termination Lawyer
If you believe that you are the victim of wrongful termination, you are well advised to seek prompt representation from a California wrongful termination attorney, like a member of the legal team at the Law Offices of Labor Attorneys. You can schedule an initial consultation with an experienced California wrongful termination lawyer by calling (800) 337-7436. We will schedule an appointment with a wrongful termination attorney at your convenience.
There is never a charge for a consultation with a wrongful termination attorney from the Law Offices of Labor Attorneys. You are wise to be as proactive as possible in seeking legal guidance from a California wrongful termination attorney.
