Anaheim Employment Lawyers
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.
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.
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.
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 could be 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.
The Difference Between Workers Compensation and Filing a Lawsuit
Workers Compensation is a form of insurance that employers buy to aid their employees when they have fallen ill or have been injured. If you are given worker's compensation you technically are giving up the right to sue your employer if you are hurt on the job.
Workers compensation is a "no-fault system" and can be tricky to tackle.
You can however sue your employer if you have experienced the following:
- Physical Abuse, such as being hit by somebody or you have been threatened by someone at work
- Inflicting Emotional suffering
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.
Sexual Harassment in the Workplace
The Huffington Post reported that one in three women have been sexually harassed in a work environment. The study also revealed that women 18-34 are the common ages that women experience being sexually harassed.
The EEOC(Equal Employment Opportunity Commission) has determined sexual harassment to be anything that goes against the Title VII of the Civil Rights Act of 1964.
Sexual harassment can include:
- Uninvited sexual advances
- Presenting a desire for sexual favors
- Displaying explicit or unwelcome sexual behavior
What Do I Do If I Have Been Sexually Harassed?
Being harassed can not only tremendously effect your emotional state negatively, but it also can prevent others from speaking up as well. There are measures that one could take to provide some kind of relief when filing for a sexual harassment suit in the work place.
Document the Act or Verbiage Used In the Situation
When filing a sexual harassment claim it can easily turn into a "he-said she said" situation. Reporting specific verbiage and actions that you experienced in the situation can immensely help your case. Also it is suggested that you document any witnesses to the scene.
Write Down Your Conversation With Human Resources
It is important to jot down what was talked about in your meeting with HR. The reason being that if HR for some reason did loose or discredit any information with statements such as the "she never told me that" or "the employee didn't specify the extent of the harassment" you have documentation as your alibi.
Speak to an Employment Lawyer
If you do not feel as though your Human Resources department is managing the situation to your satisfaction, it is strongly advised that you take legal action. Your lawyer will also layout if you even have a case. If you don't if the situation occurs again she/he will advise you on what actions to take for next time.
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.