Your employment is protected by state and federal laws. These laws protect you from having your employment terminated for prohibited reasons. If you suspect that you have been the victim of unlawful termination, it is important to consult with an unlawful termination lawyer in Oakland as soon as possible. Your attorney will need to work quickly to preserve evidence and ensure that you do not miss filing deadlines. Learn more about some of the most basic types of termination that are prohibited under federal employment laws.
Title VII of the Civil Rights Act of 1964 protects employees all across the United States from discrimination in employment based upon their race. This applies to all terms and conditions of employment – including the termination of employment.
It is rare for any employer to admit that it is, in fact, making employment decisions based upon an employee’s race. These actions are usually far more subtle. There may be some pretext for termination, such as arbitrary discipline or invented infractions. It can be hard to prove these cases. This is why it is so important to get an employment lawyer on your side who knows how to prove that a termination was unlawful.
The Civil Rights Act prohibits discrimination that is based upon race, color, or national origin. This means that an employer cannot lawfully terminate your employment based upon the country that you or your ancestors came from. This can get tricky, however, when it comes to immigration status. Employers can terminate an employee based upon an unlawful immigration status. If an employee has lawful immigration status without the employer’s sponsorship, this could be a pretext for unlawfully firing an employee based upon his or her national origin.
Employment discrimination based upon an employee’s gender has long been prohibited by law. But again, this is rarely so obvious that an employer will admit that an employee was fired because she was a woman. Moreover, gender discrimination also prohibits termination based on pregnancy, sexual orientation, and gender identity. These broad categories offer employees a wider range of protection against unlawful termination based upon gender.
The Americans With Disabilities Act requires employers to provide “reasonable accommodations” to employees with disabilities who are qualified for their position. An accommodation is unreasonable only if it causes the employer an “undue hardship.” As you can imagine, many employers do not want to take the time, money, or effort to make reasonable accommodations, even though the law requires them to do so. Here, too, an employer may come up with a pretext for firing a disabled employee in order to avoid making reasonable accommodations. This is wrongful termination.
Minnis & Smallets LLP is an employment law firm serving the Oakland area. Our experienced employment attorneys have handled many wrongful termination cases, and they know how to prove that a pretext for firing an employee was actually wrongful termination. Contact us today to schedule a consultation with one of our experienced Oakland wrongful termination attorneys.
If you are looking for advice or representation, please contact us today using the form below and we will promptly respond to your inquiry.
Attorney Advertising. This information is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Past results and testimonials are not a guarantee, warranty, or prediction of the outcome of your case, and should not be construed as such. Past results cannot guarantee future performance. Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many different factors, therefore, results will differ on a case-by-case basis. By providing certain contact information herein, you are expressly authorizing the recipient of this message to contact you via the methods of communication provided.