Glendale Wrongful Termination Lawyer
Losing your job doesn’t have to be the end of your story. Many types of firings are illegal under state and federal law, and victims of wrongful termination can seek legal relief. A claim for wrongful termination can help you get lost wages or even your job back. A good attorney can maximize your damages and reduce your stress in a wrongful termination complaint.
If you are looking for a top-level Glendale wrongful termination lawyer, contact Starpoint Law. We have not lost a case and receive top reviews from our clients.
Am I a Victim of Wrongful Termination?
Even though California is an “at-will” employment state (meaning you can be fired for almost any reason), several laws protect employees from being fired for unfair reasons. The following are common types of wrongful termination in California.
Getting Fired for a Protected Characteristic
California’s Fair Employment and Housing Act (FEHA) and Title VII of the Federal Civil Rights Act of 1964 forbid discriminatory job terminations. A termination is discriminatory if it is based on one of the following:
- Race,
- Religion,
- Gender,
- Color,
- Sex,
- Age (40 or older),
- Disability,
- Sexual orientation,
- Marital status,
- Military status,
- Nationality,
- Veteran status,
- Gender, and
- Pregnancy.
An employer who fires you for any of the above-listed reasons commits unlawful discrimination and could be liable for several types of damages. You can seek damages through a lawsuit or an administrative complaint with the U.S. Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CRD).
Whether you were fired for having one of the above characteristics, being perceived as having one of the above characteristics, or associating with someone with one of the above characteristics, you likely have a claim. Talk to our wrongful termination lawyers today about your concerns and how we can help you address them.
Getting Fired for Your Protected Activities
When an employer fires an employee against public policy or because an employee engaged in a protected activity, that employer has broken the law. Unlawful retaliation and termination against public policy occur when an employer fires an employee because the employee:
- Reported the employer’s wage and hour violations,
- Refused to engage in illegal activity for the employer,
- Disclosed a workplace safety violation,
- Reported for jury duty,
- Requested or took family or medical leave,
- Reported for military or first-responder duty,
- Sought workers’ compensation benefits,
- Properly disclosed unlawful activity at work (whistleblowing),
- Complained about discrimination, or
- Discussed their wages with another employee.
You can sue if you’re the victim of a termination against public policy or a retaliatory firing. You might also have the option of filing a complaint with the U.S. Department of Labor, the EEOC, California’s Department of Industrial Relations, the CRD, or another government agency.
The listed activities are a handful of protected activities that cannot be the reason for a job termination. If you’re unsure about your options after losing your job, an employment law attorney from Starpoint Law can review your case, identify your rights, and enforce your rights.
Getting Fired in Breach of a Contract
If your employer makes you a written or oral promise regarding your job security or you have an employment contract, you can sue your employer for breaking that promise or contract. Employment contracts come in many forms. You could have contract rights against termination if:
- You signed a written agreement with your boss;
- Your boss made you an oral promise regarding the terms of your employment; or
- Your employer implied you would not be fired (or fired early) unless you engaged in misconduct.
You might have an enforceable contract with your employer without knowing it. Talk to us about anything your employer has said about your job’s terms, and we can determine if you have contract rights.
Being Forced to Quit
Quitting your job doesn’t always disqualify you from filing a wrongful termination complaint. You might have a wrongful termination case if your quitting is a constructive discharge that is retaliatory, motivated by discrimination, against public policy, or in breach of a contract. A constructive discharge happens when your employer makes the conditions of your work so intolerable that leaving your job would be considered reasonable.
How to Prove a Wrongful Termination
Proving your wrongful termination case requires gathering evidence to back up strong arguments. The evidence you may need to gather to make your case can include:
- Employer correspondence,
- Employer policy books,
- Copies of workplace complaints,
- Employment contracts,
- Personnel records,
- Wage records,
- Hiring paperwork,
- Witness testimony,
- Statistical evidence regarding your employer’s practices,
- Pictures, and
- Employment records.
If you do not want to litigate your case, this evidence can be used during a hearing or negotiations with your employer.
Evidence of your employer’s misconduct can also be direct or circumstantial. Direct evidence is typically proof that your employer outright said or wrote that you were fired for an illegal reason. If you don’t have this type of proof, that’s ok. Circumstantial evidence wins many employment disputes.
Circumstantial evidence implies an employer’s improper motives (e.g., offhanded comments your boss has made that reveal their bias) or evidence that shows you received unequal treatment compared to similarly situated employees with different protected characteristics or protected behaviors. Our wrongful termination lawyers can gather the best evidence to support your case and make the best arguments on your behalf.
Remedies for Wrongful Termination
In a wrongful termination claim, you might have access to multiple damages that can address your losses. These damages often include:
- Back pay to cover your lost wages,
- Economic damages to pay you for your other financial losses,
- Compensation for your emotional distress,
- Punitive damages to punish your employer if it has acted egregiously,
- Payment of your legal fees,
- Reinstatement of your job, and
- Orders for your employer to make policy changes at its workplace.
You can obtain compensation and other legal relief through a trial, an administrative hearing, or a negotiation with your employer. Our skilled attorneys can resolve your case in any legal manner most beneficial to you. We keep the lines of communication open and consistent with each of our clients so that we can pinpoint their unique needs.
We Are Ready to Fight for You
At Starpoint Law, we have won hundreds of thousands for workers in California and fight hard for the rights of mistreated employees. Each wrongful termination lawyer at our firm is highly experienced and passionate about workers’ rights. We take special care to tailor our strategies according to the specific details of each client’s case and each client’s goals.
When your employer breaks the law, you have multiple rights. We can identify these rights and champion them in any legal setting. If you need help or have questions, please contact us today. You can reach us by phone or on our website.