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Employment Law Firms San Francisco

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Employment Law Firms San Francisco

Employment Law Firms San Francisco

Although California is an at-will state, employees may sue employers for violating their rights or for wrongful termination if the dismissal was based on discrimination, employer retaliation, a contract breach, taking an employment leave, or getting fired without warning. Our employment law firm in San Francisco often files lawsuits on behalf of employees when their employers violate the law.

Discrimination

If discrimination is the basis for firing an employee or other adverse employment action, then the employee can file a lawsuit for damages. The law protects certain classes against discrimination at work. Therefore, an employer’s reason for taking action against an employee cannot be based on gender, nationality, race, disability, age, religion, or ethnicity.

In these cases, employees may file a discrimination lawsuit and file a complaint with the state of California or the EEOC. Both employees and applicants who apply for jobs who experience discrimination have the right to file a lawsuit for both unfair hiring and firing practices.

Because proving discrimination is complex, especially in cases where the employee’s testimony is weighed against the employer’s account, it’s important to retain an attorney from Minnis & Smallets to serve as a legal advocate.

Employer Retaliation

An employee, when working, has certain rights – rights that include a safe working environment, the right to privacy, and the right to “blow the whistle” on an employer’s unlawful actions. This includes reporting an employer to an authority, such as OSHA, for violating a safety code or law, as well as reporting discrimination or harassment to a manager or HR. 

Employers cannot dismiss or otherwise retaliate against an employee for reporting this information. If this situation arises, an employee should speak to an employment attorney immediately about their options.

Breaches in Oral and Written Agreements

When employers enter into oral or written employment agreements with an employee, they are legally bound to the contract. If the employer violates the contract’s terms, they may owe damages.

For example, if an employer fires an employee before the contract’s period ends without good cause, they may be in violation of the contract’s terms and conditions, which may hold them accountable for damages.

Resolving an Employment Dispute or Lawsuit

Depending on the specific employment issue, our lawyers may resolve these conflicts through negotiation with your employer or through proceedings such as arbitration or mediation. For instance, the terms of an employment contract may stipulate that any disputes go to mediation first before proceeding to trial.

In other cases, where these requirements are not written into a contract, the employee may take their complaint to a state agency or even court. Consulting with a knowledgeable attorney is necessary to ensure a successful resolution of an employment case.

Damages

Settlements in employment cases involve compensatory damages such as front pay and back pay, along with attorney’s fees. In some events, the employee may request punitive damages.

While compensatory damages are designed to compensate the injured party, so they financially recoup what they have lost in pay, punitive damages punish the defendant for an egregious action. The plaintiff or employee may also request noneconomic damages that cover emotional distress, physical pain, or loss of their professional reputation.

Contact an Employment Law Firm in San Francisco Today

Our San Francisco employment attorneys at Minnis & Smallets know what it takes to file a claim after an employer violates your rights. Employees who feel they’ve been wronged should speak to an attorney immediately.

CONTACT US TODAY

If you are looking for advice or representation, please contact us today using the form below and we will promptly respond to your inquiry.

  • Please note that we are not able to schedule a consultation with an attorney for every matter. If we are able to schedule a consultation, then the initial consultation will be at no charge unless we specifically advise otherwise prior to the consultation.

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