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Wrongful Termination Lawyer Oakland

Wrongful Termination Lawyer Oakland

An employee who feels that he or she has been wrongfully fired from a job in Alameda County should speak with a skilled Oakland wrongful termination lawyer. A valid claim for wrongful termination means the employee could be entitled to monetary compensation for damages like lost wages and emotional distress caused by the wrongful termination. In egregious cases, if the court finds the employer’s behavior was egregious enough, the employee could be entitled to an award of punitive damages, as well.

The Oakland wrongful termination lawyers at Minnis & Smallets LLP are committed to helping protect the interests and rights of clients in Oakland and throughout Alameda County. Most employees in California are either considered at-will employees or are on employment contracts. Under both types of employment arrangements, an employer is prohibited by federal and California law for terminating someone based on certain criteria or retaliating against an employee who participates in certain protected activities. These actions can give rise to a wrongful termination claim in California.

What is the Difference Between At-Will and Contract Employees?

An at-will employee is what most workers are in California. These are employees who have no contract that governs the terms of their employment. With an at-will employee, the employer is authorized to terminate him or her for any reason or no reason at all, except for an unlawful reason, such as discrimination.

Employees on a contract are bound to the terms of the agreement, as is the employer. Both parties must comply with the contract provisions.  Otherwise, it is a breach of contract. The employment agreement should spell out the remedies available if the employer does not perform as agreed.

Discrimination and Unlawful Termination

There are multiple laws that make it unlawful for an employer to fire someone if it is for discriminatory reasons. If an employee is dismissed for one of the following reasons, there could be valid grounds for a wrongful termination claim:

  • Age, for employees 40 or older
  • Sexual orientation
  • Disability
  • National origin
  • Gender or gender identity
  • Religion
  • Pregnancy
  • Race

Employees may also be entitled to file a wrongful termination claim if there are allegations of retaliation. California law prohibits an employer from terminating an employee who is engaging in protected activities. Protected activities can include, but are not limited to:

  • Filing a discrimination claim
  • Alleging harassment
  • Cooperating with an official investigation
  • Requesting accommodations due to disability or religious practices

Valid wrongful termination claims can entitle an employee to seek compensation for lost wages and benefits, the value of lost stock, emotional distress, attorney’s fee and costs.

Retaining a Wrongful Termination Lawyer in Oakland

California employees who have questions regarding wrongful termination claims should speak with an Oakland wrongful termination lawyer to discuss their rights and obligations. The attorneys at Minnis & Smallets LLP, have years of experience helping both employees and employers with their employment law needs. Contact the office at 415-551-0885 to schedule a consultation.

M&S
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LOCATION:San Francisco 369 Pine Street, Suite 500 San Francisco, CA 94104
PHONE NUMBER:1-415-551-0885

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