Being terminated comes with different emotions. Some employees may find it shocking and heartbreaking. Other employees may be ecstatic and relieved.
But if your termination violated your rights, that is a situation that you should not take lightly. Not every termination is justifiable. Occasionally, your employer can be held liable for terminating you for an illegal reason.
If you feel your termination was unlawful, speak with a San Rafael wrongful termination attorney at Minnis & Smallets LLP.
A termination is unlawful when it is based on an unlawful reason. An unlawful reason is any reason that violates your employee rights or federal and state employee rights.
For example, if your employer terminated you because you decided to use your FMLA leave, that is an unlawful reason.
Another unlawful reason is terminating you because you refused to work in unsafe working conditions. It is also unlawful if your employer terminates you after you reported unsafe work conditions.
Your employer does not have the right to terminate you after you have participated in behavior that the law protects. Your employer is also prohibited from terminating you after participating in actions protected through public policy. This includes participating in jury duty and voting.
One of the reasons why employers may get away with wrongful termination is an employee’s at-will status. Many employees are employed at an at-will status. That means that at any moment, the employment relationship between the employer and employee can end for any reason or no reason.
If employees are hired at will, that means that they may be fired without being given a reason. Some employers take advantage of this status and use it to their advantage. Because the employee is not owed an explanation, the employer may decide to terminate them for illegal reasons.
When you feel that you have been wrongfully terminated, there are a couple of actions that you can take. At the state level, you can file a claim with the California Civil Rights Department (CRD). If you feel that your termination was due to discrimination, retaliation, or harassment, this would be the agency that you would need to file with. You should speak to an attorney before filing a claim.
When you collaborate with the CRD, the organization may help to examine and resolve your claim and send your employer a notice that you intend to sue.
Through your wrongful termination claim, you need to prove four things:
Based on the unlawful reasons, you may need to provide additional evidence like loss of wages or proof of emotional distress.
At Minnis & Smallets, our San Rafael wrongful termination attorneys have successfully represented many professionals and at-will employees who have been unlawfully terminated. Contact us online to schedule your free consultation with a member of our team.
If you are looking for advice or representation, please contact us today using the form below and we will promptly respond to your inquiry.
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