Get help exercising your rights after an illegal firing from the experienced wrongful termination attorneys at Perona, Langer, Beck, Serbin, Mendoza and Harrison.
Losing a job for any reason—whether it’s labeled downsizing, dismissal, or termination—can be a real hardship bringing both financial and emotional stress. It only makes matters worse when you believe that you have been fired unfairly or even illegally.
The good news is, you can turn to the experienced wrongful termination attorneys at PLBSMH to help you understand and exercise your rights following an illegal firing.
What Constitutes Wrongful Termination in California?
Most employment is “at will,” meaning there is no employment contract and you may be dismissed at any time for any reason or no reason at all. However, there is an important exception: you cannot be dismissed for an illegal reason. The main categories of illegal reasons for job termination include discrimination, retaliation, and violation of public policy. At PLBSMH, our wrongful termination attorneys handle all three types of cases.
Wrongful Termination: Discrimination
Together, federal law and California law provide protection against being fired purely on the basis of one’s:
- Age (if over 40)
- Marital status
- Sexual orientation, identity and expression
- Medical condition, including AIDs or HIV diagnosis
Wrongful Termination: Retaliation
Employees have the right to engage in certain legally protected activities without fear of being fired, demoted, or otherwise retaliated against by displeased employers. Protected activities include:
- Filing a wage and hour claim
- Filing a discrimination or harassment claim
- Reporting a workplace safety violation
- Reporting sexual harassment
- Taking family or medical leave
- Taking leave during or after pregnancy
If you can show that you were fired immediately after your employer discovered that you engaged in one of these protected activities, this will provide very strong support for a wrongful termination case based on retaliation.
Wrongful Termination: Violation of Public Policy
It is considered a “violation of public policy” when employees are terminated as a result of complaints about what the employee believes in good faith is illegal conduct or business practices such as:
- Taking time off for jury service
- Taking time off to vote
- Serving in the military
- Company fraud
- Taking advantage of customers
- Unsafe work conditions
Whistleblowing, or reporting a company’s harmful activities to authorities, is by far the most common type of case we see in this category of wrongful termination law and our attorneys have special expertise in whistleblowing cases.
Learn More: Whistleblowing
How Your Wrongful Termination Attorney Can Help
If you believe you have been the victim of an illegal firing, your wrongful termination attorney can help you understand your rights and options under the law and advise you of your best course of action. Depending on the type and extent of the violation, you may be able to get your job back, recover compensation for lost pay and benefits, have your legal fees paid, or secure a monetary award aimed at punishing the company for its illegal actions.
Wrongful termination cases may be resolved in court, arbitration, or mediation with your former employer or through litigation. In any case, you can rely on the experienced attorneys at PLBSMH to provide top-quality legal representation, working diligently to ensure you rights and interests are respected and to secure the most advantageous resolution possible in your case.
Act Now to Protect Your Rights
If you want justice and compensation following an illegal firing, it is very important to act quickly. You need to immediately secure evidence for your case by:
- Getting a copy of your complete employee personnel file
- Creating a record of important events such as hiring and firing, promotion and demotion, raises and pay cuts, discriminatory remarks or actions, performance reviews, and disciplinary actions
- Gathering any additional documentation related to your employment and termination
- Document all harassment and discrimination conduct including witnesses and dates
- All complaints to your employer should be in writing and submitted via fax, email, or certified letter.
All wrongful termination claims are subject to time restrictions, so you will want to bring your documentation to a wrongful termination attorney right away so we can ensure any necessary complaints are filed within the statute of limitations.
Call Now for a Free Consultation
If you have questions about a wrongful termination case, please contact Perona, Langer, Beck, Serbin, Mendoza and Harrison at (800) 435-7542 now to request a free consultation. We take many cases on a contingency fee basis so you can get immediate help with no money owed until we win your case.