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Determining If You Have a Wrongful Termination Claim

If you or someone you know was laid off recently and there is a reason to believe that the termination was unlawful, there may be an opportunity to bring forth a wrongful termination claim against the employer. By filing a claim, the employee may recover monetary damages or in the event that he or she has not been officially terminated, a severance package that could include appropriate compensation.

A person may be fired or laid off from his or her position for countless reasons. Many of these reasons are not unlawful. This article will cover some of the most common reasons why a termination may be unlawful as well as other important elements. If you have been unlawfully terminated, one of the most important factors to consider is speaking to a qualified attorney. An attorney with the right experience can help you understand if you have a valid claim and can ultimately help you strategize for a strong claim.

Understanding Wrongful Terminations

When an employee has been wrongfully terminated, this means that he or she was either laid off or fired for unlawful motives. Illegal-based terminations may include, but are not limited to the following: Due to a sexual harassment claim or with the intent to cover for a sexual harassment claim, In violation of the federal and/or state antidiscrimination laws, In violation of collective bargaining laws, In violation of either oral or written agreements held by both the employer and employee, To seek retaliation on the employee for having filed a claim or complaint against the employer, or In violation of any labor laws.

It is important to recognize that many of these violations may carry statutory penalties. Other violations can result in the company or employer’s payment of damages that is based on the employee’s loss of wages. Depending on the facts of the case, some wrongful termination claims may include the possibility of punitive damages, payable to the terminated employee.

Workers in the State of California who are fired from work in violation of a contract, under discriminatory reasons, and/or for exercising legal rights could have a valid wrongful termination claim. A majority of workers in California, however, are at-will employees.

If you have reason to believe that you have been fired from your employment under wrongful termination conditions, you may have a legal case. Wrongful termination claims, however, are very fact-specific and it is essential to seek the legal representation of a well-versed attorney to review the case.

Employment Contract-Based Claims in California

When an employee has a contract that has promised to continue the employment for a specified amount of time or has otherwise placed limits on an employer’s ability to terminate the employment, the employer has the duty to meet those terms. If the employer has terminated the employment in violation of the terms in the agreement, there may be a strong claim against the employer.

Unbeknownst to many workers, employment contracts could be in written or oral form. In California, employment agreements can also be implicit in nature, meaning, they could be derived from certain actions and statements from the employer. For instance, an employee handbook can have a written statement about the terms in which a worker can be fired. When the employer has breached the agreement, the employee has the legal right to file a lawsuit for a loss of benefits, wages, and other forms of payment. Additionally, workers can also use the contract to negotiate a severance package.

Wrongful Termination Based on Discrimination

Every state in the nation has set anti-discrimination laws that protect workers from an unnecessary and unjust personal prejudice. Employers in the State of California cannot carry out job-related decisions, such as terminating a worker’s employment, based on the worker’s characteristics. California’s anti-discrimination laws protect workers against attacks based on their skin color, race, national origin, sex or pregnancy, religion, disability, age, and citizenship status. A thorough list can be found under the State of California Government Code Section 12940.

A worker that has been displaced from employment based on the membership of a protected group can have a strong wrongful termination case. Upon a successful claim, the employer can be forced to make restitution on not only the loss of benefits and wages but also for court fees, litigation expenses, emotional distress, or other punitive damages.

Claims Based on Retaliation

Employers in California are not able to terminate a worker’s position when the worker has exercised or tried to enforce his or her employment rights. For instance, a worker cannot be terminated over filing a complaint for workplace harassment or discrimination, taking a medical leave, requesting time off for jury duty, filing a workers’ compensation claim, or making a complaint about unlawful wage and hour practices. The State of California is perhaps one of the strictest states that offers employee protections over retaliation claims. When a worker has made a complaint or has exercised his or her right granted by the state, there could be a strong possibility for a valid wrongful termination claim.

Terminations Based on the Violation of a Public Policy

As previously mentioned, workers exercising a legal right cannot be legally terminated. Under this rule, an employee cannot be fired under the pretext that he or she refused to commit an unlawful act or made a complaint about illegalities in the workplace. Wrongful termination claims based on public policy are very similar to claims made with regard to retaliation. Retaliation claims, however, are based on specific legal provisions in California employment laws that prevent employers from terminating workers for exercising their rights or filing complaints about being denied certain rights.

On the contrary, public policy claims do not necessarily need to be based on California’s employment laws. The following are a few examples of wrongful termination based on a violation of public policy:

  • A worker belongs to a certain political group and lobbies for a certain agenda. Although the worker lobbies on his or her own time, he or she is still fired.
  • A worker is fired when he or she refused to lie to the IRS about the company’s purchases.
  • A worker is terminated after making a complaint about the company’s use of unlawful material.

Although there is no law that explicitly states that an employer cannot fire a worker for taking certain actions, employees can still have a valid wrongful termination claim. On the grand scheme of things, it is important to know that workers cannot lose their jobs for refusing to participate in unethical or unlawful behavior or for exercising a particular legal right.

Important Elements to Consider in the Aftermath of a Termination

Being laid off or terminated from a position can be difficult for anyone, especially if this termination was unexpected. If you have been fired, consider following the following factors: Refrain from acting in any form of negative demeanor toward the employer, This may include refraining from speaking bad about the employer, Contact an experienced wrongful termination attorney who can provide legal advice and represent your case, In the event that you have an employee contract, familiarize yourself with the provisions of the contract, Ask the employer about the reasoning behind your termination, Seek to discover the individual who decided on the termination, Make a request to view your personal file, Negotiate for a severance package, Confirm all agreements following the termination in writing, Be sure to return all items that belong to the property, This could include uniforms and other tools, Follow the company’s procedures in the aftermath of the termination.

The Bottom Line

If you have reason to believe that you were fired or laid off from your position due to unlawful reasons, seek the support and guidance of a qualified wrongful termination employee. An employee with the right experience will understand the local rules and regulations that may protect your rights as an employee.

If you were fired or laid off for unlawful reasons, it is important to have the support and guidance of a professional attorney who understands the applicable employment laws. With the guidance of an experienced attorney, you may be able to recover the compensation you are owed.

Hire the Legal Representation You Deserve

If you were unlawfully terminated, you should consider speaking to a qualified employee’s rights attorney straightaway. There are a wide range of potential legal protections that can validate your wrongful termination claim and an experienced attorney can guide you through your legal options. Additionally, a skilled attorney will investigate the case, determine the strongest claims, and vigorously protect your rights.

The Law Office of Attorney Justin H. King has over a decade of dedicated experience assisting clients protect their legal rights after a wrongful termination. The firm understands that a wrongful termination can severely hinder a worker’s personal finances and cause great emotional distress. Filing a wrongful termination claim in California can be complicated, especially when going against a company that has many resources. The State of California, however, has strict laws that serve to protect workers from unjust termination. Speak to a skilled attorney today to find out how you can get the financial compensation you deserve following an unlawful workplace termination. Contact the Law Office of Attorney Justin H. King for a free case evaluation.

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5.0
Based on 46 reviews
powered by Google
CR
17:05 25 Oct 24
Thank you so much to Oliver King and Garrett Tuckerman for helping me with my case. They've been outstanding. Although the process was overwhelming, I felt reassured, supported, and listened to. I highly recommend the Law offices of Justin King to anyone who needs help.
Savana Martinez
18:30 04 Sep 24
The team at Law Office of Justin King went above and beyond with my case.It was my first big automobile accident while being 6 months pregnant and I was terrified. I called them the same day and they took on my case immediately.Throughout the whole process they were communicative and on top of everything. I would recommend to everyone and would go back to them again if need be.Thank you to this amazingly firm !
Hate Nine
06:01 04 Sep 24
Wow! I can't say enough good things about the Law Offices of Justin King. Attitude starts at the top, & this firm is top tier. They represented me (& yes we won!) for an injury I sustained while riding my motorcycle westbound on the 10. Someone changed lanes without looking, which resulted in a knee injury, a lot of physical therapy, & a totaled motorcycle. I wasn't sure what to do or if this were even something worth pursuing. I found Justin's webpage & sent a quick message to him on a Saturday night then thought nothing of it. My first call from Justin was Sunday morning. I was immediately impressed. After hearing a bit of my story & asking a few questions I was ready to have Justin represent me. My first question was "How much do I need to come up with to get this started? Justin replied, you don't owe anything until we win. Not unless, until. That set the tone of the next 2 years of my life. As your case progresses it'll require work from you & a whole team working to represent you. Staci will call & let you know she's emailing documents that require signatures; Garrett will call to ask for details they need to understand & yes, he will call to remind you that you forgot to sign a document 3 days earlier. These are great people who genuinely care. They will take time to understand your needs & they communicate every step of the way. If you are injured, you need to call Justin & his team right away. You will not be disappointed!Google only allows 5 stars, but these guys deserve 10!
Vivian Garcia
01:00 15 Aug 24
I was involved in my first big automobile accident last year, in Yorba Linda. I was a bit overwhelmed as you can imagine. Friends suggested that I hire an attorney to handle my case and I was not quite sure how to proceed. I was very fortunate when I was referred to Justin King’s office.I met with Mr. King and found him to be very personable and he listened to my concerns. I felt very comfortable and confident that he would help me in getting a fair outcome to my case.I want to also thank Garrett Tuckerman for all he did in keeping me updated with everything going on with my case and for being there whenever I had any questions or concerns. I also want to mention Leoni Barrera who was always pleasant and supportive when I called.I highly recommend The Law Offices of Justin H. King for your personal injury needs. I feel that Mr. King and his whole staff, with their knowledge, expertise and professionalism will help make your experience a less stressful one.
Lisa Perchez
21:53 29 Jul 24
Last July I was struck by a falling case of liquor at Total Wine in Rancho Cucamonga which led to a slip and fall. My friends and family urged me to contact a lawyer after discovering I needed surgery to repair my broken wrist. A friend found Justin King on Google. Justin was compassionate, accessible, and took charge from the very first meeting. He was able to obtain the surveillance video capturing the entire incident, and made an appointment for me to see a prominent neurologist after the video showed the case struck the front of my head. The entire staff at The Law Offices of Justin H. King were very easy to work with, and I always felt like my case was getting personal attention. Thank you Garrett, Staci, and Leoni! My case went to mediation and settled for more than 3x what they originally offered. If you have been injured in an accident, I highly recommend The Law Offices of Justin H. King.
Leslie S.
18:26 13 Jul 24
I want to thank Justin and his amazing office. They made a very traumatic/ nightmare of a situation into a more bearable situation every step of the way. They kept us updated and we were reassured that we were in good hands. I want to also express my gratitude to Garrett for being so empathic and supportive through the ups and downs that comes with a case. We are so blessed to have had them handle our case. I would recommend them to anyone who is looking for a professional and dependable office. Thank you again Justin King Office!!!
Melinda Jordan
09:02 18 Dec 22
I went from feeling like a basket case from all the stress to feeling calm and collected after talking to Justin. He is a phenomenal personal injury lawyer and is a truly calming and reassuring presence. This firm helped me in ways I can't even adequately put into words, other than to say Thank You, Justin, to you and your awesome team.
Marjorie Harris
04:14 18 Dec 22
After an auto accident, I felt really nervous calling an attorney because I had never worked with one before. But from the first conversation I had with Jessica, I felt so at ease. Justin then called me and was so easy going and we had a nice conversation too. The entire staff took great care of me and I am very happy.
Sheila Hughes
03:45 18 Dec 22
I was in a car accident that was not my fault two years ago. A friend of mine had a family member who had been helped in the past by Justin King, and they suggested I call him. I'm so glad I did! Justin and his team took great care of my situation and got a great settlement for me. I highly recommend them if you have been in an accident. You will be very happy with what this firm. They are smart, hard-working, honest, and take great care of their clients.
Margaret James
04:43 01 Dec 22
Justin's entire staff is the best car accident lawyer team in Rancho Cucamonga. Justin, Oliver, Jessica, and Garrett all provided me with excellent service and treated me like family. They are all such great people, and always so honest and responsive to me. I gladly recommend them to anyone needing the services of a car accident lawyer in the Inland Empire.
Wm Holland
06:13 17 Nov 22
When I needed a lawyer following a car accident on the Interstate 15 Freeway in Rancho Cucamonga, Justin King, and his team were there for me. I appreciated how his entire staff always seemed happy to answer my questions and were so good about returning all my phone calls and emails. I could tell this firm has immense experience in helping people get their life back after an unfortunate car crash. I was so happy with the outcome of my case and the results Justin obtained from the insurance company on my behalf. I have recommended their office to all my family members and neighbors. I hope you never need to call them. But if you need the best car accident lawyers, I can vouch that they are excellent.
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5.0
Based on 46 reviews
powered by Google
CR
17:05 25 Oct 24
Thank you so much to Oliver King and Garrett Tuckerman for helping me with my case. They've been outstanding. Although the process was overwhelming, I felt reassured, supported, and listened to. I highly recommend the Law offices of Justin King to anyone who needs help.
Savana Martinez
18:30 04 Sep 24
The team at Law Office of Justin King went above and beyond with my case.It was my first big automobile accident while being 6 months pregnant and I was terrified. I called them the same day and they took on my case immediately.Throughout the whole process they were communicative and on top of everything. I would recommend to everyone and would go back to them again if need be.Thank you to this amazingly firm !
Hate Nine
06:01 04 Sep 24
Wow! I can't say enough good things about the Law Offices of Justin King. Attitude starts at the top, & this firm is top tier. They represented me (& yes we won!) for an injury I sustained while riding my motorcycle westbound on the 10. Someone changed lanes without looking, which resulted in a knee injury, a lot of physical therapy, & a totaled motorcycle. I wasn't sure what to do or if this were even something worth pursuing. I found Justin's webpage & sent a quick message to him on a Saturday night then thought nothing of it. My first call from Justin was Sunday morning. I was immediately impressed. After hearing a bit of my story & asking a few questions I was ready to have Justin represent me. My first question was "How much do I need to come up with to get this started? Justin replied, you don't owe anything until we win. Not unless, until. That set the tone of the next 2 years of my life. As your case progresses it'll require work from you & a whole team working to represent you. Staci will call & let you know she's emailing documents that require signatures; Garrett will call to ask for details they need to understand & yes, he will call to remind you that you forgot to sign a document 3 days earlier. These are great people who genuinely care. They will take time to understand your needs & they communicate every step of the way. If you are injured, you need to call Justin & his team right away. You will not be disappointed!Google only allows 5 stars, but these guys deserve 10!
Vivian Garcia
01:00 15 Aug 24
I was involved in my first big automobile accident last year, in Yorba Linda. I was a bit overwhelmed as you can imagine. Friends suggested that I hire an attorney to handle my case and I was not quite sure how to proceed. I was very fortunate when I was referred to Justin King’s office.I met with Mr. King and found him to be very personable and he listened to my concerns. I felt very comfortable and confident that he would help me in getting a fair outcome to my case.I want to also thank Garrett Tuckerman for all he did in keeping me updated with everything going on with my case and for being there whenever I had any questions or concerns. I also want to mention Leoni Barrera who was always pleasant and supportive when I called.I highly recommend The Law Offices of Justin H. King for your personal injury needs. I feel that Mr. King and his whole staff, with their knowledge, expertise and professionalism will help make your experience a less stressful one.
Lisa Perchez
21:53 29 Jul 24
Last July I was struck by a falling case of liquor at Total Wine in Rancho Cucamonga which led to a slip and fall. My friends and family urged me to contact a lawyer after discovering I needed surgery to repair my broken wrist. A friend found Justin King on Google. Justin was compassionate, accessible, and took charge from the very first meeting. He was able to obtain the surveillance video capturing the entire incident, and made an appointment for me to see a prominent neurologist after the video showed the case struck the front of my head. The entire staff at The Law Offices of Justin H. King were very easy to work with, and I always felt like my case was getting personal attention. Thank you Garrett, Staci, and Leoni! My case went to mediation and settled for more than 3x what they originally offered. If you have been injured in an accident, I highly recommend The Law Offices of Justin H. King.
Leslie S.
18:26 13 Jul 24
I want to thank Justin and his amazing office. They made a very traumatic/ nightmare of a situation into a more bearable situation every step of the way. They kept us updated and we were reassured that we were in good hands. I want to also express my gratitude to Garrett for being so empathic and supportive through the ups and downs that comes with a case. We are so blessed to have had them handle our case. I would recommend them to anyone who is looking for a professional and dependable office. Thank you again Justin King Office!!!
Melinda Jordan
09:02 18 Dec 22
I went from feeling like a basket case from all the stress to feeling calm and collected after talking to Justin. He is a phenomenal personal injury lawyer and is a truly calming and reassuring presence. This firm helped me in ways I can't even adequately put into words, other than to say Thank You, Justin, to you and your awesome team.
Marjorie Harris
04:14 18 Dec 22
After an auto accident, I felt really nervous calling an attorney because I had never worked with one before. But from the first conversation I had with Jessica, I felt so at ease. Justin then called me and was so easy going and we had a nice conversation too. The entire staff took great care of me and I am very happy.
Sheila Hughes
03:45 18 Dec 22
I was in a car accident that was not my fault two years ago. A friend of mine had a family member who had been helped in the past by Justin King, and they suggested I call him. I'm so glad I did! Justin and his team took great care of my situation and got a great settlement for me. I highly recommend them if you have been in an accident. You will be very happy with what this firm. They are smart, hard-working, honest, and take great care of their clients.
Margaret James
04:43 01 Dec 22
Justin's entire staff is the best car accident lawyer team in Rancho Cucamonga. Justin, Oliver, Jessica, and Garrett all provided me with excellent service and treated me like family. They are all such great people, and always so honest and responsive to me. I gladly recommend them to anyone needing the services of a car accident lawyer in the Inland Empire.
Wm Holland
06:13 17 Nov 22
When I needed a lawyer following a car accident on the Interstate 15 Freeway in Rancho Cucamonga, Justin King, and his team were there for me. I appreciated how his entire staff always seemed happy to answer my questions and were so good about returning all my phone calls and emails. I could tell this firm has immense experience in helping people get their life back after an unfortunate car crash. I was so happy with the outcome of my case and the results Justin obtained from the insurance company on my behalf. I have recommended their office to all my family members and neighbors. I hope you never need to call them. But if you need the best car accident lawyers, I can vouch that they are excellent.
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