If you have been the victim of wrongful termination of your employment, you may have the right to sue your employer. You might be able to have your job reinstated and recover substantial money damages in compensation for your employer's wrongful conduct. If you think you have been fired from your job unlawfully or if you have been the victim of employment discrimination and/or harassment, contact us here at Guardian Litigation Group. We are experienced California wrongful termination lawyers who can help.
Generally speaking, wrongful termination occurs in two types of situations — when there is an employment contract and when the employee is an "at-will" employee. In either circumstance, a wrongful termination lawsuit can be filed if justified by the facts of the case.
If there is an employment agreement -- a written contract -- then, a wrongful termination lawsuit will assert that the termination was wrongful under the contract. That is, termination was a breach of the contract. For example, often, employment contracts allow for the employee to be terminated for "good cause." But, what does "good cause" mean? If it can be proven to a California judge and jury that the termination was for some reason other than "good cause," then the employee can recover substantial damages and -- maybe, if desired -- be reinstated to their job. As an example, maybe the employer claims that the termination was for "good cause," but the real reason -- proven in court -- was that the employee filed a sexual harassment complaint. In California, you cannot fire an employee for making a sexual harassment complaint. In our hypothetical, the employee would likely win their case.
If there is no employment agreement and the employee is deemed "at-will," there are still hundreds of circumstances in which a termination will be unlawful. Mostly, this will be situations in which the termination was done in violation of California law or in violation of various public policies in California. To take our example from above, in California, sexual harassment in the workplace is against the law. It is also a violation of the law to retaliate -- to punish -- a person for reporting sexual harassment. One of the most severe forms of retaliation is to terminate the employment of the person who reported sexual harassment. If it is proven in court that the termination was because the employee filed a sexual harassment complaint, then the termination was unlawful. The employee would win their case and be entitled to substantial money damages in compensation (as proven).
There are hundreds of other laws that prohibit retaliation and wrongful termination even for what might be considered minor matters. For example, California Labor Code, Sections 232 and 232.5, prohibit an employer from firing or retaliating against an employee for disclosing his or her wages or for discussing/disclosing information about the employer’s working conditions.
Contact Experienced California Wrongful Termination Attorneys
For more information, contact the dedicated California wrongful termination lawyers at Guardian Litigation Group. We have the tools and legal experience necessary to protect you and bring your employer to justice. If you want, maybe we can get your job back. Our Mission is to provide unparalleled legal services for our clients. We can be reached via our contact page or by phone at (800) 316-3133.