Being terminated from employment can be an emotionally and financially distressing experience. However, when a termination is unjustified and violates your legal rights as an employee or violates public policy, it becomes what is known as "wrongful termination." =
What Constitutes Wrongful Termination?
Wrongful termination occurs when an employee is fired illegally .. While "at-will" employment allows employers to terminate employees for any reason not protected by law, certain grounds for termination are regarded as wrongful and unlawful. These include termination based on discrimination, retaliation, some instances of breach of contract, or the violation of public policy. In order to under whether a termination violates public policy you should contact a wrongful termination attorney. There are many such attorneys located in San Francisco or Oakland.
Discrimination:
Under federal and state laws, it is illegal for an employer to fire employees based on factors such as race, color, religion, sex, pregnancy, national origin, disability, or age. Employers are also prohibited from terminating employees due to their association with or support of any of these protected classes. If you believe you were fired due to discrimination, consult an employment attorney to explore your options.
Retaliation:
An employer cannot terminate an employee in retaliation for engaging in protected activities such as filing a complaint about workplace discrimination, reporting illegal activities, or taking legally allowed leave under the Family and Medical Leave Act (FMLA). If you experience retaliation after engaging in any protected activity, you might have a strong case for wrongful termination and should seek an evaluation from an experienced employment attorney.
Violation of Public Policy:
A wrongful termination claim can also arise when an employer fires an employee for refusing to commit an illegal act, exercising a statutory right or privilege, or reporting illegal or unethical activities within the workplace.
Your Legal Options:
If you suspect that you have been wrongfully terminated, it's essential to consult with an experienced employment law attorney who specializes in wrongful termination cases. They may be able to help you establish the basis for a lawsuit, gather evidence, negotiate with your former employer, and potentially file a complaint with the relevant government agencies, such as the Equal Employment Opportunity Commission (EEOC).
Additionally, being informed about your legal rights, collecting relevant evidence, such as employment records, performance evaluations, emails, and witness statements, can significantly strengthen your case. Documenting specific incidents related to your termination and keeping a record of any adverse actions taken against you after initiating protected activities will also be invaluable for building your case.
Navigating the complex area of wrongful termination can be challenging, but understanding the various grounds for it and your legal rights can help protect and assert your interests. If you believe you have been wrongfully terminated, seek legal advice promptly to explore your options for justice and compensation. Remember, you have rights as an employee, and you should not hesitate to stand up for them. For more details about Oakland wrongful termination attorney visit our site Brandon Banks Law, APC
No comments yet