Wrongful Termination

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Wrongful Termination

Although California is an “at will employment state” which means you can be separated from your employment for any reason or no reason at all, there are exceptions below.

Types of Protections You Have Against Wrongful Termination

  1. Protected Activity If you have been terminated while participating in a “protected activity” such as, workers compensation leave, medical or FMLA leave, reporting unsafe or illegal working conditions, discussing your wages or working conditions, reporting sexual harassment, or a violation of company handbook or polices, you may have been wrongfully terminated.
  2. Protected Status If you have been fired due to reasons such as, marital status, race, ethnic background, religion, pregnancy, age, disability, sexual orientation, or gender, you may have been illegally fired. Here are some common employer tricks.

 

Effects of Wrongful Termination

Being terminated can be a very stressful experience. This is not only because of the interruption of your income, but also because the reasons for termination may also impact your ability to obtain unemployment insurance, and references for future employment.

You May Be Able to Claim these Damages if Wrongfully Terminated: 

  • Your past, present, and future lost wages. If, after exercising reasonable effort, you are not able to find employment after your wrongful termination, you may be entitled to all wages you would have earned from your prior employer if you had not been wrongfully terminated. If you later obtain employment, but you earn less than what your prior employer paid, you may be entitled to the difference in income.

 

  • Emotional distress damages. Because of the discrimination you suffer during your employment, including distress you suffer as a result of the illegal conduct of your employer, you may be entitled to emotional distress damages. Some Common examples of emotional distress, may include, depression, anxiety, high blood pressure, among other medical and emotional conditions.

 

  • Punitive damages. In the event your case makes it to trial, a jury also may have the opportunity to award punitive damages for the willful misconduct of your employer. If the judge or jury finds that your employer deliberately engaged or condoned the willful conduct, the damages awarded can be substantial.

 

Contact Our Office Immediately Toll Free at (888) 545-0013 . Our wrongful termination attorneys always offer a free consultation.

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