Since California is an at-will state, employers can fire their workers at any time. However, state law prohibits employers from discharging employees for illegal reasons. If you believe your firing was discriminatory, retaliatory, or illegal for any reason, you have the right to speak to a lawyer and find out if you’re eligible to take legal action against the employer.
At Domb & Rauchwerger, we have the experience necessary to level the playing field between you and your previous employer’s legal team. A San Marino wrongful termination lawyer from our firm can draw on their in-depth legal knowledge to get the financial remedies and justice you need to move forward after an unlawful discharge.
When Should I Consider Filing a Wrongful Termination Claim Against My San Marino Employer?
If you believe you were fired for a reason that is against the law, you should meet with an attorney to find out if you have grounds for a claim. Reach out to a lawyer today if you have reason to suspect you were fired under one of the following circumstances:
Retaliation
If you were fired for taking a protected leave of absence or engaging in another activity protected by the law, your firing is considered retaliatory, which is illegal. There are a number of other activities that you should be able to participate in without getting discharged from your position. Such activities include:
- Confronting your employer about an action they took that you reasonably believe to be unlawful
- Taking part in an investigation that involved your employer or workplace
- Refusing your employer’s request to perform an illegal task
- Reporting unlawful discrimination or harassment to a third party or directly to your employer
- Requesting an accommodation for a disability
- Taking protected family, medical, or pregnancy disability leave
If you were recently fired from your job in an act of retaliation for participating in a protected activity, you have the right to explore your legal options. Our San Marino wrongful termination attorneys can meet with you to discuss the circumstances of your firing and determine if you’re entitled to financial remedies.
Discrimination
The Fair Employment and Housing Act (FEHA) prohibits your employer from firing you because of a protected category like race or religion. If you were discharged because of a protected category, your firing was based on discrimination and, therefore, illegal. According to the law, protected categories include the following:
- Gender identity
- Sexual orientation
- Race
- Skin color
- Sex
- Age
- Genetic information
- National origin
- Ancestry
- Religion
- Physical or mental disability
- Marital status
If you suspect you were fired because of one of the protected categories listed above, you may be eligible to pursue compensation from your employer. You’ll have to speak with a wrongful termination lawyer from San Marino to find out if you should proceed with a claim.
Your Employer Can’t Fire You for Filing a Workers’ Compensation Claim
If you’ve been injured on the job, you should be able to file a workers’ compensation claim without losing your job. If your employer fired you after you sustained a workplace injury, you should meet with an attorney to discuss filing a wrongful termination claim.
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How Our San Marino Wrongful Termination Lawyers Can Help You Move Forward
Our firm can provide you with a number of legal services after a wrongful termination. Here’s what our experienced attorneys can do to help you move forward with your life after a discriminatory or retaliatory firing:
Determine If Your Firing Warrants Legal Action
There are many perfectly legal reasons that an employer can fire you for. For example, if you were fired for poor performance or taking unapproved time off, you won’t be able to take legal action against your employer, as your firing was lawful.
On the other hand, if your employer terminated you because they found out you were pregnant, you’ll be able to file a claim. However, depending on the circumstances of your discharge, it might be unclear as to whether you were wrongfully terminated or not.
Luckily, a San Marino wrongful termination attorney can review the details of your firing and ascertain whether you’re entitled to financial compensation.
Assemble Important Evidence
To get the financial remedies you’re owed, your attorney must prove that your firing was directly motivated by your protected category or the protected activity you engaged in.
You can assist your lawyer in this process by giving them any emails, documents, paperwork, or digital messages from your employer or another relevant party that suggest your firing was discriminatory or retaliatory.
If any of your former co-workers were privy to the reasoning behind your discharge, give their information to a wrongful termination lawyer from San Marino. An attorney will be able to use their testimony along with the other forms of evidence you provide to support your claim.
Submit a Complaint on Your Behalf
Before taking legal action against your employer, your lawyer may have to file a complaint with the California Civil Rights Department (CRD) (formerly known as the Department of Fair Employment and Housing) or the Equal Employment Opportunity Commission (EEOC). An attorney can make sure your complaint is worded correctly and ensure that it’s filed with the appropriate authority.
Pursue Financial Remedies
If your lawyer obtains a right-to-sue letter after filing your initial complaint with the CRD or EEOC, they’ll be able to take your case to civil court. That said, they may attempt to negotiate a settlement with your employer’s legal team before taking your case to trial.
Whether your attorney pursues compensation at the negotiating table or in the courtroom, they’ll fight for the financial remedies you’re owed, which may include the following:
- Income you would have made had you not been wrongfully discharged
- Future income loss if your employer did something to prevent you from getting a new job
- Compensation for emotional distress caused by your discriminatory or retaliatory firing
- Punitive damages, if necessary
San Marino Wrongful Terminations
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Why You Should Work With a Wrongful Termination Attorney from Our Firm
The founding partners of Domb & Rauchwerger, Zack Domb and Devin Rauchwerger, used to work for one of the largest employment defense firms in the country. At their previous job, they represented Fortune 500 employers and gained a great deal of inside knowledge they can leverage to your advantage.
Because of their experience, they’re familiar with the loopholes, techniques, and tactics your employer’s legal team will likely use to defend against your wrongful termination claim. They’ll use their knowledge to go toe to toe with your employer’s attorneys and get the results you deserve.
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Schedule a Free Consultation With an Experienced Attorney
Getting fired from your job because of a protected category or activity is unfair, financially damaging, and illegal. If you’ve been unlawfully discharged, you have the right to pursue compensation from your employer. However, doing so can be incredibly difficult without the help of an attorney who’s well-versed in California law.
Fortunately, the team at Domb & Rauchwerger has the experience you need to file an effective claim. Contact a San Marino wrongful termination lawyer from our firm today to schedule a free consultation. We’ll set up a meeting with an attorney to discuss your firing and explain your legal options.
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