Being terminated from a job can be devastating. You may have even spoke with people who told you they were wrongfully terminated from their job. Although an employee may think he or she was terminated wrongfully, the circumstances in which a wrongful termination lawsuit can be brought against an employer are limited. Below are some of the most common circumstances which give rise to wrongful termination causes of action.
Discrimination: Federal and state law protects employees against discrimination and includes sexual harassment. Employees that are able to show they were terminated based on protected characteristics are entitled to compensation from their employer. Protected characteristics include: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation.
Retaliation: When an employee provides information a government agency regarding a violation of law or other circumstances related to his or her employment or the conditions thereof, it is illegal for the employer to retaliate against the employee. In other words, if your employer violates the law and you report it and are fired for doing so it one of many possible wrongful termination causes of action.
Contract Violations: Violation of the terms of an employment contract is one of the top wrongful termination causes of action. Not all employment contracts are in writing. This cause of action is particularly complicated to apply and therefore you should speak with a lawyer that is knowledgeable and experienced in wrongful terminations involving employment contracts.
Refusal to Participate in Illegal Activity: In California, an employee cannot legally be fired or suffer adverse actions for refusing to participate in illegal activity. Employees are also protected if they report the illegal activity. If you find yourself in this situation it is in your best interest to contact a wrongful termination attorney as soon as possible regarding your specific situation.
There are numerous wrongful termination causes of action. If you were fired from a job and you believe that it was based on discrimination, retaliation, a contract violation, or refusal to participate in illegal action you should seek the advice and counsel of an experienced wrongful termination attorney. The law provides only a limited time in which you may file a wrongful termination lawsuit so your prompt action is required when pursuing any one of these wrongful termination causes of action.
If you believe that you were wrongfully terminated, Call Aiman-Smith & Marcy at 510-817-2711 or contact us online for a free consultation with one of our wrongful termination attorneys, Randall Aiman-Smith, Reed Marcy or Hallie Von Rock.
