You probably already know that your boss’s decisions are not always right. If your employer terminated you for wrong or illegal reasons, you can seek compensation or a job reinstatement.
An experienced Brentwood wrongful termination lawyer from Tomorrow Law™ can take on the challenging work of fighting for all the relief you deserve. We are award-winning advocates focusing on employment matters to ensure California workers receive fair treatment.
Call or contact us anytime for advice from a good wrongful termination attorney in Brentwood. But for now, let’s review what an illegal firing looks like.
The At-Will Employment Default
In California, most employees are “at-will,” meaning their employers can fire them for any reason. However, the catch to this employer power is that an employer’s reason for firing an employee cannot be illegal or done illegally. Illegal firings can include the following.
Terminations Against the WARN Act
The Worker Adjustment and Retraining Notification Act (WARN Act) requires large employers to provide written notice of mass layoffs to their employees within 60 days of the change. If your employer fails to notify you of a mass layoff before firing you, you might be owed back pay and compensation for lost benefits.
Under the federal WARN Act, a large employer has at least 100 full-time employees. A mass layoff is the termination of 50 to 499 full-time employees that constitute at least 33% of the employer’s workforce or the termination of at least 500 employees within a 30-day period. Under the California WARN Act, a large employer has 75 or more employees, and a mass layoff is the termination of at least 50 employees within a 30-day period. There is a lot of nuance to identifying firings subject to the WARN Act, so you may want to consult an unlawful firing attorney from Tomorrow Law™ about your rights.
Firings That Are in Breach of Contract
Not every employee is an at-will employee. You are not an at-will employee if you have an express or implied contract that guarantees employment for a specific duration or under certain conditions. If your employer terminates you in violation of an employment contract, you may have a right to sue to seek financial damages and other relief.
Discriminatory Firings
Federal and California laws prohibit employment discrimination based on various protected characteristics. This means that an employer cannot fire an employee because of:
- Religion,
- National origin,
- Sex,
- Gender identity or expression,
- Military status,
- Genetic information,
- Reproductive health decision-making,
- Creed,
- Medical condition,
- Color,
- Gender,
- Disability,
- Age (40 or older),
- Sexual orientation,
- Marital status,
- Race, or
- Veteran status.
You might have direct evidence of this discrimination because of what your employer says. However, you can also prove discrimination by indirect evidence, such as an employer’s unequal treatment of you compared to similarly situated employees with different characteristics. If the reasons your employer gives for your termination are illegal or false, a false termination lawyer from our firm can spot the issues, present the best evidence, and win the remedies you deserve.
Unlawful Retaliation
State and federal laws prohibit retaliation against an employee who:
- Reports a workplace safety violation,
- Initiates or helps with a workplace discrimination complaint,
- Reports an employer’s wage and hour violations,
- Refuses to engage in an illegal act at work, or
- Properly reports an employer’s illegal activity.
The specific law applicable to your retaliation claim may dictate the remedies you can receive after taking legal action. In a retaliation complaint, we can determine your legal rights and maximize your damages.
Firings Against Public Policy
Your employer cannot fire you for exercising a right or fulfilling certain obligations. You might have a claim against your employer if they fired you for doing the following:
- Reporting for jury duty,
- Taking time off to make a necessary visit to your child’s school,
- Reporting for first responder duty or training,
- Taking sick leave you are entitled to,
- Reporting for military duty,
- Attending legal proceedings as a crime victim or crime victim’s family member,
- Seeking treatment as a victim of abuse, or
- Discussing your wages with others,
The above are just a handful of activities for which you typically cannot be fired. To understand whether you have the right to relief after a termination, speak to one of our attorneys about the specific facts of your case.
Tomorrow Law™ Can Protect You
When your professional life is at stake, you want the help of an employment attorney who gets results. The attorneys for unlawful termination at Tomorrow Law™ have recovered millions for our clients, and we help employees all over the State of California. You can contact us by phone or online today to schedule a consultation.
Frequently Asked Questions
Do Wrongful Termination Laws Apply to Every Employer in Brentwood?
No. Many wrongful termination laws apply only to employers of certain sizes.
What Relief Can I Receive in a Brentwood Wrongful Termination Claim?
The remedies you can receive in a wrongful termination claim depend on the nature of your claim. If you win your case, you might win a job reinstatement, compensation for financial losses and emotional distress, punitive damages, and attorney fees.
How Can I Resolve a Wrongful Termination Case?
You have multiple options for seeking relief in a wrongful termination case. You can often submit a complaint to the government agency that oversees your legal matter, such as the California Civil Rights Department for discrimination cases or the Labor Commissioner’s Office for wage and hour violations. You may also have the option of negotiating a settlement with your employer or filing a civil lawsuit.
How Long Do I Have to File a Complaint?
The time to file a complaint depends on what law your employer broke. You could have anywhere from 180 days to several years to initiate a complaint. You should speak to an attorney as soon as you lose your job so that they can determine the deadline for your case.
