Anaheim Employment Lawyers
California is an at-will state. This means that employers, under most circumstances, are allowed to let someone go "at-will."
There are circumstances, however, in which someone is wrongfully terminated because of discrimination or as retaliation, and in these cases, you may be entitled to compensation for damages created by your former employer.
If you believe that you have been released from your job for wrongful reasons, call us now at 949-203-3814. Our Anaheim personal injury lawyers will work diligently on your case to deliver you justice.
Employees Let Go "At-Will" In California
Most workers in California are considered "at-will employees." This means that they can be let go at the discretion of their employer at any time for a legitimate reason.
Workers who are not considered "at-will" include union employees and employees who are under contract for a specific duration of time. All other employees will not have the opportunity to hold their employer accountable for their termination unless wrongdoing was involved.
Discrimination in the Workplace
There are many forms of workplace discrimination and all forms are illegal.
Do you believe that you were let go not because of your performance at work but because of your age? This is known as age discrimination.
Have you and other workers been let go because of your race or ethnicity? Race discrimination is not only morally wrong, but it is also illegal and punishable by law.
Do you believe that you were let go because of your gender identity or sexuality? Do you have reasons to believe that your employer let you go due to the religion or spirituality that you subscribe to? All of these forms of discrimination can land your former employer in hot water if found guilty in a court of law.
In addition, if you have religious obligations outside of work, your employer must comply with these obligations or this too can get your former employer in a lot of trouble.
Retaliation and Wrongful Termination Cases
A wrongful termination case can also involve retaliation from the "whistle-blowing" actions of a former employee.
All employees in California have the legal right to report safety concerns and violations at their workplace. Employers cannot take action against employees simply because they exercised their right to report wrongdoing at their workplace.
Examples of whistle blowing include:
- Reporting a Cover-Up of Harmful Test Results
- Mistreatment in the Workplace
- Harassment or Safety Violations.
If the employer finds out which employee reported the issue, they cannot legally let that employee go based solely on the report.
Protecting the Rights of Employees Across California
Employees have a number of rights under California law.
For example, all seriously ill employees are allowed to take off from work without the threat of termination under the California Family Rights Act. Employers may be frustrated because of the timing of the employee's illness, but they may not fire the employee because of it.
What to Do if You Are Wrongfully Terminated
It is important that you stay calm and keep your composure while being let go. Even though you may feel angry and emotional, it is important that you do not do or say anything that you will regret later.
Were you offered a severance package? It may be in your best interest to have the terms put in writing. It may not be in your best interest to accept your employer's first offer.
If your employer suggests you resign instead of being terminated, please do not do so. If you resign, you could risk losing your chances of receiving unemployment benefits.
If you believe that you have been let go not for financial reasons or for performance reasons but because of your age, race, sex, gender or sexual orientation, it may be in your best interest to call the Anaheim employment attorneys at Bisnar Chase.
Wrongful Termination Lawsuits
Sometimes, the only option a wronged employee has for justice and compensation is a lawsuit against his or her former employer. The claimant will have to prove that he or she was let go for wrongful reasons and that the employer violated the law in some way.
A skilled employment lawyer can assess the circumstances of the case and help the wronged employee determine his or her best course of action.
The knowledgeable Anaheim employment lawyers at Bisnar Chase can help you as well as other victims determine if their rights were violated and if compensation is available for their lost wages and other damages.
We are passionate about upholding the rights of Orange County workers and holding wrongdoers accountable. If you have been wrongfully terminated from your job, please contact us for a free, comprehensive and confidential case review.