Attorney for the Illegally Fired in Victorville, Ontario, Chino Hills, California
Some of the most complex and financially sizable employment lawsuits center on allegations of wrongful termination. Plaintiffs in such cases range from restaurant servers and factory workers to high-level executives making six- or even seven-figure salaries, and valid causes of a wrongful termination action cover a broad spectrum.
At the Employment Lawyers Group, we have achieved many significant recoveries for people who were fired illegally. We have also helped people obtain compensation after being forced to quit due to intolerable work conditions and those whose employment contracts were violated.
Not All Unfair Firings Are Illegal. Did Your Employer Violate the Law?
Many issues require consideration if you believe you were fired illegally. California, like nearly all other U.S. states, is an employment-at-will state, which means most workers can be fired at any time without being given a specific reason — unless the real reason for dismissal can be proven to be in violation of federal or state laws.
That said, there are laws in place that prohibit workplace discrimination and retaliation against workers for filing lawful claims or reporting illegal activity. It is thus illegal to fire you because of your race, national origin, age, disability and certain other protected characteristics. Generally speaking, you cannot be legally fired or not allowed to return to work due to your pregnancy, a work injury or serious medical condition.
Our Firm Has Succeeded for Many People Fired for Unlawful Reasons
California statutes extend certain protections stronger and more comprehensive than those provided by federal laws, and our successful experience extends to groundbreaking cases involving discrimination based on sexual orientation, age and a range of medical conditions.
You may also have a valid claim if you were fired or not allowed to return to work after taking leave for jury duty, military service or to recover from a crime against you, for example.
Contact us or call 1-909-663-2100 to speak to a Fontana employment lawyer.
Determining whether you were fired illegally requires careful examination of the facts of your case. This type of litigation is a clear focus for our firm, and we can help in this traumatic and uncertain time.
From offices in Los Angeles, Karl Gerber and our associates represent people statewide throughout California. We charge no upfront fees and often recovering payment of attorney fees from the employer along with other damages.
California is an employment-at-will state, and this means companies are generally within their rights to lay people off singly, by the dozens, hundreds or thousands to cut operating costs or for other reasons they are not required to specify.
Behind the scenes, however, we know that many people are chosen for layoff because of characteristics that are legally protected — most commonly age or affliction with a medical condition that company decision makers view as costly for them. When this occurs, it may be judged in court or by a mediator as employment discrimination, and that is illegal.
You May Have Been Unfairly Laid Off, but Was It Illegal?
In the Los Angeles metro area or elsewhere in California, we at the Employment Lawyers Group are here to help if you were selected for layoff in violation of state or federal laws. Our focused employment lawyers can make that determination and advise you accordingly based on decades of combined experience.
Our successes in mediation, arbitration and courtroom litigation have included many recoveries in excess of $100,000 in wrongful termination and employment discrimination cases on behalf of, for example: Numerous women fired or denied the right to return to work due to their pregnancies People wrongfully terminated, selected for layoff or forced to quit because they were afflicted by cancer, another serious medical condition or a disability
Analysis, Thorough Investigation and Action to Earn Results
We owe our success in advocacy for California workers to total immersion in this complex legal area, a wealth of experience and a commitment to decisive action. Our lawyers thoroughly investigate each case we handle, file suit rather than relying on demand letters, and preparing for possible trial from the earliest stages.
To determine whether what you believe was an unfair termination was actually an illegal, actionable one, we must understand the circumstances. You need not take on any added financial hardship to pursue a valid claim, because our law firm provides representation on a contingency basis and handles the costs of thorough case building.
To request a consultation with a discerning, action-oriented attorney who has in-depth knowledge of all the laws covering firings and layoffs, call us toll free at 1-909-663-2100. Se habla Español. If you're located in Los Angeles County click here Work Lawyer CA.
The California Supreme Court has recognized that an employer's termination of an employee for reporting an alleged violation of a statue of public importance represents one category of wrongful discharge in violation of public policy, Gantt v. Sentry, 1 Cal.4th 1083, 1090-1091 (1992) citing approvingly in Turner v. Anheuser-Busch, 7 Cal.4th 1238, 1256, 32 Cal.Rptr.2d 223, 235 (1994). Moreover, wrongful termination can be based upon an employee checking on and trying to report possible illegal conduct to company officials, Collier v. Sup. Crt. 228 Cal.App.3d 1117, 1121, 279 Cal.Rptr. 453 (1991). "Retaliation by an employer when an employee seeks to further...public policy by responsibly reporting suspicions of illegal conduct to the employer seriously impairs the public interest" and is enough for wrongful termination, at 1127, 458. [A]n employee need not provide an actual violation of the law; it suffices if the employer fired him for reporting his 'reasonably based suspicions' of illegal activity, Green v. Ralee Eng. Co. 19 Cal.4th 66, 87, 78 Cal.Rptr.2d 16 , 29 (1998) referencing Collier, 1125.
Workplace Safety Violations Can Lead to Wrongful Termination The California Labor Code has a variety of provisions (statutes) that require employers to provide safety and healthful work environments. The following Labor Code Sections require employers to provide workers with a safe place of employment and safety devices, California Labor Code Sections 6400, 6402, failing to provide safety devices as required in 6401, 6403, 6404, 6406(d).
California Labor Code Section 6308 requires employers to provide necessary information about the correct safety gear. California Labor Code Section 6306 requires employers to provide safety equipment to workers. California Labor Code Section 6310 prohibits discharge and discrimination because an employee has participated in a health and safety committee under Section 6401.7, or caused to be instituted any proceeding relating to an employee's rights about safety.
The letter and spirit of California Labor Code Section 6300 indicates it was enacted for the purpose of ensuring a safe and healthful work environment and encouraging employers to provide training about such.
The Labor Code also prohibits employers from exposing workers to hazardous substances, California Labor Code Section 6370. Workplaces where the employees are subjected to unsafe or unhealthful conditions are not legal. If an employee is discharged or retaliated against for complaining about these types of work environments, they may have a wrongful termination case.
Contact us today or call us at 1-909-663-2100 to speak to a Victorville employee lawyer.
It Is Wrongful Termination To Terminate An Employee Based Upon Anything Resulting From A Worker's Compensation Injury California Labor Code Section 132a reads: It is declared policy of this state that there should not be discrimination against workers who are injured in the course of their employment. (1) Any employer who discharges, or threatens to discharge, or in any manner discriminated against any employee because he or she has filed or made known his intention to file a claim for compensation with his or her employer or an application for adjudication, or because the employee has received a rating, award, or settlement...is guilty of a misdemeanor and the employee's compensation shall be increased by one-half, but in no event more than ten thousand dollars ($10,000), together with costs and expenses... Employers may not fire employees because they have to take time off for medical treatment. Nor can employees be fired for filing a worker's compensation claim. Other examples of wrongful termination and/or retaliation due to a work related injury include: 1) firing an employee for not being able to come back to work when their doctor has them off; 2) not allowing an employee to conclude their medical treatment prior to terminating them; 3) requiring the employee to show up to work even though their doctor has put the employee off work; 4) failing to properly dispute the level of treatment being prescribed to the employee.
Wrongful termination exists if you are terminated due to a discriminatory reason, protected characteristic, or work injury. We can help you get the compensation you deserve. We are your San Bernardino Employment Lawyers serving: Apple Valley, Chino, Chino Hills, Fontana, Hesperia, Highland, Montclair, Ontario, Ranchco Cucamonga, Redlands, Rialto, San Bernardino, Upland, and Victorville.