For instance, if you are approaching retirement age, but your employer fires you because you are older, you may have the right to file a wrongful termination lawsuit against your employer because your age is a protected class. If you need legal help because you have been a victim of wrongful termination, discrimination, or retaliation at work, we may be able to help. We make it our top priority to safeguard our clients throughout all legal matters. Please tell us your story. To establish this claim, Plaintiff Paula must prove all of the following: 1. Wrongful Termination Law Legal Protection For Employees The California Fair Employment and Housing Act (FEHA) provides employees broad protections against wrongful terminations based on race, religious creed, color, national origin, ancestry, physical or mental disability or medical condition, marital status, gender, sexual orientation, age, and pregnancy, childbirth or related medical conditions. Call free: 888-600-8654 Email a wrongful termination lawyer: Contact us by Email. Understanding who falls into the employee category, as … Employers may take retaliatory action against employees for reasons that “violate fundamental public policy.” Wrongful termination is a great example. : If an employee has any kind of physical or mental disability, he or she is protected from discrimination. Hypothetically, Plaintiff Paula claims that Big-Bad-Company breached their employment contract by forcing Plaintiff Paula to resign. 415-697-0561. Being fired from a job can be embarrassing and stressful, especially when you depend on your paycheck to survive. [T]he standard by which a constructive discharge is determined is an objective one-the question is ‘whether a reasonable person faced with the allegedly intolerable employer actions or conditions of employment would have no reasonable alternative except to quit.[6]. Call us today to discuss your rights and learn what legal options you have to pursue justice and the compensation you deserve. Do you need help locating wrongful termination lawyers in your area? , we work hard following a wrongful discharge. That Jane was harmed by the discharge. The employee may be terminated without reason or explanation and at any time. There are a couple of reasons why an employee may be illegally terminated. The laws in California allow you to report the wrongful termination to the proper agencies and hire legal counsel. Speak With A Wrongful Termination Lawyer If You Were Fired In Santa Cruz, California If you were fired and believe that your termination was illegal, an employment attorney who handles wrongful termination cases in Santa Cruz may be able to help. Countless times, we’ve helped protect employees from problems in the workplace, and as. California is an “at-will” employment state, which means employers can fire workers for any reason, at any time, but that doesn’t mean every termination is legal. California Labor Law Employment Attorneys Group is an employment law firm with many years of experience handling wrongful termination claims caused by … The California Labor Law Employment Attorneys Group has numerous lawyers with years of combined experience who can help you with your case. What happens after a wrongful termination? As a result, a constructive discharge is legally regarded as a firing rather than a resignation. to discuss your rights and learn what legal options you have to pursue justice and the compensation you deserve. Although the employee may say, ‘I quit,’ the employment relationship is actually severed involuntarily by the employer’s acts, against the employee’s will. In any case, it’s wrongful termination. How does retaliation occur after a wrongful termination? [1], ‘Good cause’ or ‘just cause’ for termination connotes a fair and honest cause or reason, regulated by the good faith of the employer. Getting fired stinks. If this happens and the employer fires you for your sexual orientation, it is prejudiced and is not a lawful termination. The term is relative. [2]Walker v. Blue Cross of California (1992) 4 Cal.App.4th 985, 994. That Plaintiff Paula and Big-Bad-Company entered into an employment relationship. How do I prove I was constructively discharged (fired) from my job? They rely on their income for food, housing, clothing, utilities, and more. As your wrongful termination attorney, we help you gather evidence for your case and create a compelling argument showing that your employer acted illegally and that you deserve compensation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship. How Can a Wrongful Termination Lawyer in California Help? [T]he standard by which a constructive discharge is determined is an objective one-the question is ‘whether a reasonable person faced with the allegedly intolerable employer actions or conditions of employment would have no reasonable alternative except to quit. We’ll help you understand what your rights are moving forward. Ozeran Law has no tolerance for employers who think they can take advantage of employees who are unaware of their rights. 5.0 0 peer review. Constructive discharge occurs when the employer’s conduct effectively forces an employee to resign. What happened. Can my employer terminate (or fire) me at any time? Below, we’ll explain what happens if you are wrongfully fired, how California views instances of retaliation, and whether you need a California workers’ comp lawyer or California employment lawyer to protect your rights. [5], Whether conditions were so intolerable as to justify a reasonable employee’s decision to resign is normally a question of fact. 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