Elk Grove Wrongful Termination Lawyer

Elk Grove Wrongful Termination Attorney

Being terminated can be frustrating, leaving you struggling in your career and financial situation. While being fired is a part of business, wrongful terminations occur when an employer violates specific wrongful termination laws. An Elk Grove wrongful termination lawyer can determine if you were wrongfully terminated. If so, they can recover compensation to limit the financial and emotional impact this can have on your life.

Why Choose Asbill Law Group?

Asbill Law Group is dedicated to ensuring fair workplaces through employment and business litigation cases. With deep knowledge of California’s wrongful termination laws, we can answer your questions and develop a legal strategy that is unique to your wrongful termination case. Though filing a claim against an employer can seem frightening, our guidance and personal attention can reduce your stress and lead to compensation.

What Makes a Termination Wrongful?

Elk Grove employees can generally be fired or quit for any reason and at any time, since California is one of 49 out of 50 at-will employment states. However, whether you are working for the Elk Grove Unified School District, Kaiser Permanente, or another company, any illegal reasons for termination may warrant filing a wrongful termination claim.

Wrongful termination occurs when the reason for termination violates the employee’s legal rights. Common reasons for a termination to be wrongful include:

• Discrimination. Protected characteristics, such as race, gender, sex, age, religion, or disability, cannot be a reason for termination. If your employer fired you due to a protected characteristic, they may be violating California’s Fair Employment and Housing Act (FEHA).
• Retaliation. Employees have the right to report illegal activity, file a complaint, or participate in workplace investigations. If an employer retaliates against an employee by firing them due to their involvement in a report or complaint, this is wrongful termination.
• Taking or requesting leave. Your employer is required to allow you to take certain types of leave, which may include pregnancy disability leave (PDL), sick leave, and family medical leave. You should hire a wrongful termination lawyer if you are not allowed to return to your same position after leave or were terminated because of taking leave.
• Public policy violation. Employees can take time off from work to exercise their legal rights or obligations, such as voting or jury duty. Since this time off is permitted or even required by law, your employer cannot fire you for this reason.
• Breach of contract. Promises or contracts providing job protections often define what behaviors may cause termination. If an employer fired you, but their reasons do not align with your employment agreement, you can file a claim for wrongful termination.

How Can a Wrongful Termination Case Be Resolved?

After being wrongfully terminated, it may seem like nothing can be made right. However, filing a claim can lead to outcomes like reinstatement or compensation. An Elk Grove wrongful termination attorney can negotiate for certain remedies, which can help you recover losses from your termination.

Reinstatement is often possible in wrongful termination cases, returning you to your previous position. If that position is no longer available, your employer may be required to offer a position that is substantially similar in job duties, pay, and status in the company. If reinstatement is something you are interested in pursuing, your lawyer can highlight your performance in the role, arguing that there were no legally justifiable factors for your termination.

Compensation is a common remedy for a wrongful termination case, as it can help you recover from the damages your employer’s actions caused. Three main types of compensation you may be awarded can cover:

• Economic damages. These are the financial costs of wrongful termination. Most commonly, they include front pay to make up for the income and benefits you lost.
• Non-economic damages. These encompass the emotional distress and career impact that termination can cause. Extreme stress, anxiety, and reputational damage are all common non-economic damages.
• Punitive damages. In some cases, these may be included in your compensation to punish an employer who was knowingly or intentionally participating in misconduct. For example, if your employer was intentionally discriminating against you or knowingly violating public policy, they may be forced to pay punitive damages.

FAQs

How Long Do You Have to File a Wrongful Termination Claim?

The deadline to file a wrongful termination claim can vary greatly, depending on what laws your employer violated and what government agency the claim must be filed through. These details require the attention of a lawyer. You may need to file with the Equal Employment Opportunity Commission within 300 days from the date you were terminated if your employer violated federal law.

What Should You Do If You Were Wrongfully Fired?

If you were wrongfully fired, you should gather evidence of wrongful termination. This could include records of communication between you and your employer, performance reviews, witnesses, or HR complaints. You should also request a written reason for your termination. Next, hire a wrongful termination lawyer who can analyze your evidence and guide you on filing complaints.

What Are Legal Reasons to Be Fired?

Employees can be fired for nearly any reason, or even for no reason, as long as it is not illegal. 40% of people are fired at some point during their career, with common reasons including employee misconduct, company restructuring, poor performance, or low productivity. If you are unsure whether your termination was legal, request a written reason from your employer and speak with a lawyer.

What Is Constructive Discharge?

Constructive discharge is when an employer creates negative working conditions to pressure or force an employee to quit. Though the employee is choosing to resign, this can be a reason for a wrongful termination case. If your employer deliberately caused you to quit, speak with an Elk Grove wrongful termination attorney. They can pursue compensation for the damages your employer has caused.

Hire a Wrongful Termination Lawyer From Asbill Law Group

Losing your job can make it difficult to keep up with daily expenses, and it can damage your career. When you were wrongfully terminated, you may face even more emotional distress due to unjust and illegal misconduct. Contact Asbill Law Group to learn how an Elk Grove wrongful termination lawyer can pursue remedies after you were wrongfully fired from your position.