Can I Sue for Wrongful Termination?

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Were you recently fired from your job? If you were fired for an inappropriate reason, you could be entitled to financial compensation for lost income and stress caused as a result. In some cases, you could also recover punitive damages against your former employer.

At The Armstrong Law Firm, our attorneys have achieved successful resolution of San Francisco wrongful termination cases filed against some of California’s largest employers for hundreds of clients in the Bay Area. If you are asking yourself “Can I sue for wrongful termination?” we can advise whether you have a valid claim.

What is Wrongful Termination?

Wrongful termination is the illegal termination of employment of a person based on race, national origin, gender, pregnancy, gender identity, sexual orientation, age, religion, or disability, or for sexual harassment.

Being fired in retaliation for complaining about discrimination or poor treatment for the above-listed reasons, sexual harassment, or for complaining about the employer’s failure to implement safety measures required by law (or follow other laws) is also wrongful termination. That is the case whether you complained on behalf of yourself or another person.

In most cases, such unlawful behavior is not clear. For example, after you refuse his or her advances, your boss may manipulate the system to set you up for false poor work performance and then use that as a reason to fire you. Such behavior is also wrongful termination. Whether you are successful in recovering damages depends on proving what occurred and several other variables. That is where the lawyers at The Armstrong Law Firm come in to help you.

Facts That Contribute to a Good Wrongful Termination Case

The following situations can contribute to building a successful wrongful termination case against your former employer:

  • If you had already been successful, received multiple positive performance reviews, raises and promotions as well as worked at a company for several years.
  • If you were terminated shortly after you engaged in protected activity by complaining based on sexual harassment, race, disability, pregnancy, sexual orientation, sex, etc.
  • If you were terminated after you told your employer you were pregnant and/or were going on pregnancy leave.
  • If you were terminated after you told your employer that you had a disability and/or were going on a disability leave.
  • If you were terminated either while you were on pregnancy and/or disability leave or after you came back from either type of leave.
  • If you have one or more witnesses to the harassment based on sex, race, national origin, disability, etc.
  • If you have evidence such as emails, texts, photographs, IMs, documents, etc. that you were harassed based on sex, race, national origin, disability, etc.
  • If you complained in writing that your employer engaged in unlawful conduct and you were fired after.
  • If you were located in a court venue where jurors are known to be favorable to plaintiffs.
  • If your employer has enough assets and resources to pay a settlement or large verdict.

If you are falsely accused of deficient work performance and fired, you may also be able to file a defamation claim against your former employer. If you were wrongfully accused of illegal activity, your former employer may be guilty of defamation per se, which means that you would not have to prove you suffered damages as a result of the defamation.

Contact a Top-Rated Wrongful Termination Lawyer

In order to determine whether you were wrongfully terminated, our employment lawyers will carefully analyze the circumstances under which you lost your job. If there was unlawful conduct, we will build a case that seeks a positive resolution to your case and meets your goals.

At The Armstrong Law Firm, we are passionate about prosecuting your right to seek compensation for wrongful discharge. We handle cases all over the San Francisco Bay Area including Santa Clara County, Oakland, and San Jose. Call (415) 909-3945 or contact us online to schedule a consultation. We can also answer questions about your specific concerns that may go beyond frequently asked questions about wrongful termination.