California Wrongful Termination Lawyers
As an employee in California, you are worth so much more than just a paycheck.
Many employers are firing their employees without adhering to the laws set in place to protect employees from unlawful and wrongful termination.
At Bisnar Chase we have one one of the most experienced legal teams in California. We will evaluate your circumstance and investigate every possible avenue for compensation for work related injury.
If your employer has treated you unfairly, we will help to uncover the facts about your case and help you pursue legal action. California employees are working harder than ever to keep their jobs and help make a living for their families. If you believe that your employer may have violated your rights in any way, contact one of our expert California employment lawyers now to take advantage of our free professional case evaluation. Call 800-561-4887 for your free case review.
Wrongful Termination in California
Today's working environment is more stressful than ever; jobs are few and far between and many people who have very advanced skills are working in entry level positions just to try and get by.
Some employers feel that since there are many people who are willing to give 110% at very low wages that these same employers have the option to treat their employees with little to no respect. This in turn is very stressful for the average Californian employee when times are tough.
Our wrongful termination lawyers in California will help to uncover every incident in which your employer has acted outside of the law set forth by the state of California and will make sure that they regret every moment of it. The following are forms of employment law that our attorneys may be able to help you with:
- Wrongful Termination: Your employer must have a good reason for letting you go as well as due process.
- (We are no longer taking Whistleblower cases, however, certain conditions may still apply.)
- Whistleblower: If your employer fired you because you alerted them of problems within the company, you have rights.
- Retaliation: Government Code Section 12940(h) states, "An employer cannot discharge, expel, or otherwise discriminate against any person because the person has opposed any practices forbidden under this part or because the person has filed a complaint, testified, or assisted in any proceeding."
- Overtime: We may be able to help you obtain reimbursement for your under-paid hours.
- Wage & Hour: If you are concerned that you were not paid the correct wages for your work, we will investigate and help uncover any illegal business practices.
- Misclassification: Do you supervise other employees but do not receive a supervisor's wage? Your employer may owe you a lot of money.
Additionally, you are protected by the law and cannot be fired for the following reasons:
- Religion or religious practices
- Sexual orientation
- A disability (physical or mental)
- Use of family medical leave
- Gender identity
- Place of birth
- Political views (that do not infringe upon the rights of fellow co-workers)
- Hostile work environment
- Retaliation (whistleblowing, wage and hour disputes, concern for the health of the workplace, etc.)
Discrimination at Work
Discrimination in the workplace is still a major problem in this country. Although the problem exists and is very apparent, there is hope through the rights of employees that the government recognizes through the Equal Pay Act and the Equal Employment Opportunity Commission.
California is recognized as an "at-will" employment state. This means that if your place of employment is not tied to a labor union or any other third party that accommodates employees, your employer can terminate your employment at any time with justifiable cause.
The key concept to take away from this is that there is due process when it comes to employment termination and your employer simply cannot dismiss you based on aspects of yourself they cannot control such as race, religion, gender and sexuality.
Discrimination does not stop at termination. Discrimination can also exist in the workplace in the form of:
- Harassment in and outside the workplace
- Failure to pay employees the same rate for the same work in similar job titles
- Discipline with no legitimate justification
- Termination without due process
- Refusing to train employees
- Failure to promote employees with seniority
- Refusal to hire based of your personal beliefs or your race
All of these factors can be classified as discrimination against you, the employee. At Bisnar Chase, out team sees this discrimination happen time and time again in the workplace and employees are afraid to speak out because they fear retaliation or further harassment. If you or someone you know is going through these illegal conditions in the workplace, we urge you to call our California wrongful death lawyers now. We can discuss the facts and your working conditions during your free consultation.
A hostile workplace can make even the most diligent employees not live up to their full potential. Additionally, your employer may not have the time or resources to observe this harassment take place and you might be blamed for lack of a better explanation.
For example, say harassment takes place in the workplace and your co-workers scapegoat you to avoid punishment. Your employer then proceeds to rectify the situation by firing you to bring peace to the workplace. You attempt to defend yourself but your employer refuses to listen and dismisses you at once. If this has happened to you, your employer failed to incorporate due process and thus infringed upon your rights.
If your employer attempts to fire you to combat the hostility of the workplace without due process or just cause, call our attorneys immediately. This is illegal and we may be able to help you recover.
Reasons for Termination in California
Although employers wrongfully terminate thousands of employees each year, it is important to also note under what conditions your employer can legally lay you off or terminate your employment. Knowing these factors can help you better assess if your rights have been infringed upon.
Your employer can legally fire you if:
- Your employer can prove without a doubt that you damaged company property
- Your employer can prove you were under the influence of drugs or alcohol on the job
- Your employer can prove that you falsified or edited records without permission
- You refused a direct order from your boss
- Your boss can prove you harassed/disrespected them on multiple occasions
- Your employer can prove minor misconduct (consistent tardiness dictated by company policy, faking credentials, etc.)
- Your employer can prove gross misconduct (stealing, sexual harassment and various other criminal offenses)
- Your employer can prove your performance was consistently poor in the workplace
- Your employer can prove you used company property without prior permission for personal use
- You take too much time off from work
- Your employer can prove you violated company policy in any way
In addition, if the working conditions of your former workplace became so toxic that you could no longer work and was involuntarily forced to resign, our lawyers may be able to help you receive compensation. This event is called constructive termination. Our attorneys know the law and may be able to help you get compensated.
These are most, if not all, the ways your employer can legally fire you from your job. If you have cross referenced this list with your own personal situation and you feel that you were still discriminated against or wrongfully terminated, call our attorneys now as we may be able to help you seek justice.
Even if your employer did fire you for one of the reasons stated above, the conditions may still have different interpretations and it may be worthwhile to call our attorneys for a free case review, especially if your employer did not utilize due process in their decision to terminate your employment. There are cases where mixed motives (both legitimate and discriminatory) can entitle you compensation for damages brought on by your employer.
How to Combat Wrongful Termination
Being fired from your job can be a very stressful experience and can affect the perception of your self-worth. Although you will be feeling many emotions at once, it is important to keep a level head when your employer delivers you the bad news. No matter what they have said or done to you, it is important that you don't act rash or say anything you will regret later. Call our California wrongful termination lawyers if you have been affected by wrongful termination or you feel that your employer will be setting you up for it. Our attorneys will work with you and advise you on various courses of action.
At the time of your termination, your employer may offer you a severance package in exchange for an agreement that you do not sue them for damages. We urge you not to take this severance pay until you have discussed the details with a qualified employment lawyer. More often than not, employers attempt to low-ball wrongfully terminated employees to save their own skin.
Additionally, your employer may ask you to sign paperwork so that your employer can use this as defense in the court of law. We cannot stress how important it is that you sit down with an experienced attorney and analyze this document so that you do not sign your rights away or cut yourself short to the compensation you deserve.
During your free case review, our lawyers will pin point every case of discrimination that you have endured and use that to help you get adequate compensation.
Average Settlement for Wrongful Termination
Although you may have endured a lot of stress and grief because of your employer's treatment, you are probably not able to recover monetary compensation for any emotional distress the situation might have caused you. There is an exception: The Fair Employment and Housing Act.
Employees may be able to recover lost wages and the value of their lost benefits with the help of one of our skilled attorneys. In addition, future wages and benefits that you would have experienced with your employer are avenues of compensation that are available to wrongful termination victims as well as company property that was given to you such as laptops and cell phones.
The average settlement and compensation amount varies due to the overwhelming amount of job classifications, various wages and forms of discrimination. Our lawyers cannot give you an exact figure on this page, however, our attorneys may be able to give you an estimate during your free consultation based of the facts of your case and the damages that you have sustained.
EEOC Lawyers in California
If you need an attorney to make your employer pay, contact us today.
Take advantage of our free, no obligation, case consultation. We also provide our "No Win, No Fee" promise which states if we do not win, you do not have to pay. This should give you the peace of mind to concentrate on finding a job with an employer who will appreciate your services and skill set.
If that was not enough, we have a successful track record to back up our name and the services we offer. Our California wrongful termination lawyers have been helping victims get back on their feet and seek justice against their former employer for over 35 years. In addition, we have a 99% success rate which mean you're choosing a winning team of confident lawyers and paralegals.
Why wait and suffer any longer? Call us now at 800-561-4887 to set up your free case review and to start taking the first steps to seek justice.