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Wrongful Termination Archives

California couple brings wrongful termination lawsuit

The question of what brings an employment termination from unfair to unlawful is one of the most important questions that can be posed in the context of employment law. When someone's employment is terminated unfairly, as unfortunate as it may be, there is often not much legal recourse the individual can take. However, when someone's termination is unlawful, then a wrongful termination lawsuit could help that individual get his or her job back, as well as be compensated for lost wages and anguish.

I was wrongfully terminated. How can an attorney help me?

It is not uncommon for people to ignore the possibility of legal aid, thinking instead that they will simply handle their problems on their own. In some instances, people feel that going through a litigation process will be more trouble than it is worth, so they simply move past or ignore an unlawful issue at their place of employment. However, this is not recommended. Employees have rights, and it is in their best interests to enlist an attorney to help them take advantage of those rights.

Understanding wrongful termination

Wrongful termination is a phrase that is used often when discussing employment law because it allows individuals who unexpectedly lost their jobs to be compensated or reinstated depending on the circumstances. The general idea behind wrongful termination is that if you were unlawfully fired, then your rights as a worker were violated, and you should be compensated accordingly. The important distinction to make is that your termination was unlawful and not simply unfair.

Elements of a strong wrongful termination case

California is an at-will employment state, which means that employers can fire their workers at any time and for any reason as long as that reason is not illegal. This obviously gives companies a great deal of discretion when it comes to their hiring and firing practices, and it may seem like employees have absolutely no say in what happens with their career. This is not entirely true, however, as employees do have rights that they can take advantage of if they believe they have been wrongfully terminated.

Illegal firing and wrongful termination

People are sometimes confused by the concept of wrongful termination, particularly because termination is not always fair. In California, you can be fired for any reason and at any time by your employer as long as that reason is not illegal. Of course being fired for no good reason is extremely unfair, and you may question the legality of it, but there are very clear instances in which a firing is illegal and thus wrongful.

I was fired for whistleblowing. Can I take legal action?

Whistleblowing has been much more prominent in the public mind in recent years, but the exact scope and meaning of it may still elude some people. Whistleblowing refers to an employee reporting illegal activities by their employer. Many times when an employee outs an employer in such a way, the employer seeks to take action in retribution for the exposure, but it is important for employees to remember that they are protected from retaliation for whistleblowing.

Legal aid in proving wrongful termination

You have probably heard about California's at-will employment status, which grants employers the ability to fire employees whenever they see fit. What you may not know is that even though employers can fire their employees at any time and for almost any reason, they are prohibited from firing employees for an unlawful reason. The word "unlawful" is key here, as there are many reasons that may seem wrong or unfair, but are still perfectly legal.

Religious discrimination can be exempted, according to ruling

The line between employment termination that is unlawful and employment termination that is unfair is extremely thin. Thanks to a recent ruling in California, that line may have just become even thinner. Religious discrimination is illegal in California, yet two teachers were seemingly wrongfully terminated for just such a reason, and when they filed a lawsuit, the courts sided in favor of the school. It comes down to a conflict of legal rights and protections, and the complexities are quite fascinating.

Determine if your termination was unlawful

If you have been fired from your job, you are likely feeling many difficult emotions. You are probably upset about your sudden unemployment; you are probably angry at your employers for firing you; you are probably nervous about finding another job. With all of these tumultuous emotions, you may be wondering if there isn't another way. You may start to wonder if perhaps your termination was unlawful, and if you can get your job back as a result.

Termination is never easy and may not be just

Being terminated from a job is never easy. If you live in an “at-will” employment state such a California you must prove that you were terminated for an unlawful reason to receive compensation. The termination may be unfair but that doesn’t necessarily mean it was unlawful.