How do you know if you need a lawyer for wrongful termination?

Do I need a wrongful termination lawyer?

Losing your job is a traumatic experience in life. If you have just been fired or laid off from your job due to company-wide cuts, it can be painful, stressful, and humiliating, to say the least. Although we may think that we have been unfairly dismissed, on many occasions the dismissal may be justifiable. In this article, we are going to talk about wrongful terminations and what your rights are as a worker if you have just been fired from your job.

California companies employ people “at will.”

This employment law means that they can terminate their workers’ employment at any time without offering a cause or explanation. This is also valid for workers. As an employee in California, you have the right to quit your job at any time and do not have to offer a cause or explanation to your employer. However, it is still illegal for an employer to fire an employee for a reason that goes against California employment law. For example, employees cannot be fired or laid off for discriminatory or retaliatory reasons.

If you have been fired from your job for any reason that is illegal or appears to be illegal, you may have been wrongfully terminated and should consult with an attorney about your rights. You can consult with our Employment Law attorneys by calling (888)442-2642

As a worker in California, you have certain rights. If you suspect that you may have been illegally or unfairly dismissed, contact an experienced wrongful termination attorney who can provide you with the information necessary to exercise your legal rights.

How do you know if your dismissal was unjustified?

There are ways to know if your dismissal or layoff was illegal. While we know that most jobs are “at will,” there are certain critical exceptions to the employment law to that at-will rule, and there are legal remedies that can help you get reinstated or file a wrongful termination lawsuit against your former employer in search of damages.

Here are some questions to ask if you suspect your dismissal may have been unfair. An experienced wrongful termination attorney will be able to answer these questions for you and help you determine if you have a claim.

Did you have a written contact?

If you and your employer had a written contract or some other statement promising you job security, you have a strong argument that you are not subject to the at-will employment law rule.

A written promise can come in different forms. For example, you may have an offer letter or some other written document detailing the terms of your employment, including promises about your continued employment. Or you may have an employment contract that specifically states that you can only be fired for the reasons listed in the contract. Some promises are written and others implied. While it can be challenging to establish or prove what your employer may have implied, it is still possible to challenge the termination of the job based on verbal agreements.

In such cases, the courts will analyze a number of factors, including how long you were employed, whether you were regularly promoted, whether you have had a history of positive performance evaluations, and whether promises of long-term employment were made when you were hired.

Did your employer act in bad faith and unfairly dismiss you?

If your employer’s actions were clearly unfair, you may have a claim for breach of the duty of good faith and fair dealing. Below are some examples of cases in which employers may have acted in bad faith:

• Dismissal or transfer of employees to prevent them from earning sales commissions.
• Inventing reasons to fire an employee when the real motivation is to replace them with someone who can be paid much less.
• Deceiving employees about the possibility of promotions and salary increases.
• Not clearly describing the job. For example, deceiving employees about travel requirements, weekend assignments, etc.
• Repeatedly transferring employees to remote or undesirable assignments with the intention of forcing them to resign.

Did your employer violate public policy?

It is against California employment law for an employer to violate public policy when dismissing a worker’s employment. Under California employment law, it is illegal to fire workers, for example, for taking time off to serve on a jury; taking time off to vote; serving in the military, or blowing the whistle on the employer to report illegal or harmful activity.

Some states like California also prohibit employers from firing workers because they exercised a legal right such as filing a workers’ compensation claim for an injury suffered on the job or reporting a safety violation at work to the Occupational Safety and Health Administration (OSHA).

Did your employer discriminate against you?

Discriminating against an employee because of their race, color, gender, religion, age, nationality, disability, pregnancy, or sexual orientation is illegal in California. If you have been discriminated against at work, you must file a complaint with a federal or state agency before filing a wrongful termination lawsuit against your employer in court.

Did your employer retaliate against you and unfairly dismiss you?

The law also prohibits employers from retaliating against employees who have engaged in certain activities that are protected by California employment law. An example of such an “activity” is when an employee files a complaint with a state or federal agency against their employer regarding harassment, discrimination, or a hostile work environment.

Did your employer commit fraud?

In some rare and extreme cases, an employer’s actions may rise to the level of fraud. This is commonly found in some cases where recruiters make and break false promises. To prove fraud, you must show evidence that your employer misrepresented the job, that they intended to deceive or mislead you, that you relied on their representation, and that your belief harmed you financially or otherwise. The most challenging aspect of these cases is demonstrating that the employer intentionally committed an act of fraud.

Did your employer defame you?

Defamation is a serious problem and could have long-term consequences for employees who become victims. In some cases, employers may make statements that cause doubt about your integrity or ability to do your job. In such cases, you may be able to file a defamation lawsuit.

To prove defamation, you must demonstrate that the employer made a false statement about you that they knew was false; repeated that statement verbally or otherwise to at least one other person; and harmed you in the process, causing you to lose your job or preventing others from hiring you.

Why do I need a wrongful termination lawyer?

If you have been wrongfully terminated, you need an employment attorney on your side who has in-depth knowledge of the federal and state employment laws that protect workers against illegal actions by their employers. Succeeding in an employment lawsuit without the help of an attorney can be a great challenge.

In addition to knowing the laws and court procedures, an attorney will know the type of information that must be collected to win your case, how to obtain that information, how to present witnesses and documents to the court and jury, and how to prevent your employer and their attorneys from using unfair strategies and tactics to win the case. Without an attorney on your side fighting for your rights, you may find yourself at a serious disadvantage.

There are certain situations in which it is crucial that you contact an experienced wrongful termination attorney immediately. Below are some examples of these critical situations:

1. You are concerned about your treatment in the workplace and are wondering if your dismissal or layoff was legal.
2. You are considering leaving your job due to unfair or illegal treatment by your employer.
3. You cannot negotiate your severance pay with your employer.
4. You are being pressured to sign a complex and lengthy waiver of claims that you do not fully understand.
5. You know other employees who want to file the same type of claim against your employer.
6. You are not satisfied with the investigation or adjudication of your complaint by a government agency.
7. You have compelling evidence that your dismissal was unlawful and illicit.
8. Steps to take after wrongful termination
9. The way one acts after being fired can make a big difference in the outcome of a wrongful termination lawsuit.

Below are some steps we recommend you take if you have just been wrongfully terminated.

1. Understand what constitutes an unlawful or illicit termination
2. Wrongful termination occurs when an employer fires an employee for a discriminatory reason, reporting an illegal activity, or reporting a safety violation.
3. Federal and state employment laws protect employees against discrimination based on race, sex, age, religion, national origin, disability, and sexual orientation.
4. You also cannot be retaliated against for engaging in a protected activity, such as filing a complaint about your employer for harassment, discrimination, or other types of misconduct.
5. Try to stay calm
6. Wrongful termination can be an extremely stressful and embarrassing experience. You may want to verbalize your thoughts or express your feelings and emotions to your employer, but it is best not to do so. It is very important that you remain as calm and serene as possible.
7. Document everything
8. If you are fired, it is important that you document everything.
9. Request a letter from your employer that clearly states the reason for the dismissal.
10. It is also important to keep records of emails, conversations, and work incidents that may help document the harassment, discrimination, and retaliation that led to the wrongful termination.
11. Write your version of events
12. Write down all the details you can remember that led to the wrongful termination. Include specific quotes, names of people, dates, etc. This will help your attorney’s subpoena records, identify witnesses, and make statements when the time comes.
13. It is a good idea to start writing your account as soon as possible because your memory may fade over time.
14. Stay away from social media
15. It is in your best interest not to post any details of your wrongful termination on social media or anywhere online.
16. Do not send emails or text messages to anyone about it.
17. In fact, it might be better to suspend your social media accounts until your case is resolved.
18. Remember, anything you say on social media or post on social media can be used against you in court.
19. Hire the services of an attorney with experience in wrongful terminations. Wrongful termination cases can be extremely complex and difficult to prove. Employers have attorneys and other resources on their side. You need an experienced wrongful termination attorney on your side to help you gather the evidence, build your case, fight for your rights, and look out for your best interest.

Damages in a wrongful termination case

Wrongful termination cases are resolved in civil courts. Essentially, as a plaintiff, you are asking the court or jury to hold your former employer, the defendant, liable for the losses caused by your wrongful termination. Such compensation is known as “damages” in a wrongful termination case. There are several damages that you can seek in a wrongful termination case:

Lost wages

You can seek the pay you lost because you were fired. This may include the salary you would have received if your employer had not fired you, as well as earned and unpaid wages, overtime, or other compensation you have not received. However, this amount may be reduced if you were hired after your dismissal by another employer for the same or higher rate of pay. If you were hired at a lower salary, you can seek the difference between what you used to earn and what you are paid in your new job.

Lost benefits

This includes medical, dental, and vision insurance, pension or 401k plans, stock options, and other benefits.

Emotional stress

This could be an element of damages in some cases where the employer has acted in a way that causes emotional harm and distress to the employee. This must usually be verified by a mental health professional, such as a therapist or psychiatrist.

Punitive damages

This type of damages is generally awarded in cases where the employer’s actions have been particularly egregious. Punitive damages are intended to punish the employer and deter similar behavior from other employers in the future.

If you believe you have been wrongfully terminated, contact an employment attorney from Attorneys for Workers 24/7 with experience helping workers with employment issues in San Francisco, California. We are passionate about the pursuit of justice for our clients.

We will remain on your side, fight for your rights, help you hold your former employer accountable, and secure fair compensation for your losses. It is illegal for them to retaliate against you for consulting with an attorney, and speaking with an attorney is the best way to defend your employment. Don’t stay silent—if you have been wrongfully terminated or are being mistreated or discriminated against at work, call (888)442-2642 immediately for a free consultation with an employment rights attorney so we can evaluate your case.