Wrongful termination pertains to the involuntary termination of an employee who is in violation of the law or employment contract. An example to elaborate on this subject is federal and state laws determine certain characteristics against which employers are not allowed to discriminate. Employment contracts will list the reasons for which an employee may and may not be let go.
At JML Law, it is our duty to protect and further assist our clients who have been wrongfully terminated at their place of employment. Our legal team fights for all our client’s rights and justice to be served. If you have questions about your termination give us a call right now at 818-610-8800. We will put you in direct contact with our highly reputable Oakland wrongful termination attorney.
How Can I Tell if I Have a Claim For Wrongful Termination?
It should go without saying that just about any employee can be fired for poor performance, though there are federal and state laws that protect employees from such a course of action. This is due to particular reasons unrelated to their job performance. Such reasons include the following:
- Discrimination on the basis of race, age, religion, gender, national origin, and color
- Harassment of any kind- which includes sexual harassment
- Discrimination based on a disability that could have been reasonably accommodated by the employer
- Retaliation for filing a claim on harassment or discrimination
- Retaliation for filing a whistleblower action
- Retaliation for supporting a protected person
- Retaliation for taking a leave which is permitted by the Family Medical Leave Act
- Violations of labor laws
It is important to note that some of these violations carry statutory penalties while others result in monetary damages. Sole quality for punitive damages or the potential to pursue more than one wrongdoer. Our Oakland wrongful termination attorney is happy to discuss your circumstances with you and the most appropriate approach.
Can I be Fired Even if I am Performing Well?
An at-will employee means that you can be fired for any reason as long as it is not illegal. You could be fired for misconduct like excessive absences or tardiness, or even if your employer does not like your personality. It is when you have an employee under contract where the reasons for which you can be fired are limited. Employment at will also means you can quit at any time without proper notice.
For those wondering about being fired for performing well, the answer varies by state. This may be enforceable only if there is clear evidence that an oral contract was agreed upon. Once there is sufficient evidence that the employer made statements about job security, like me too sing the reasons that the employee could not be fired, directly to the employee, then that employee has a better chance of enforcing his or her rights.
Call JML Law Today
The experienced Oakland wrongful termination attorneys at JML Law provide services to clients in and around the Oakland area. For many years, our team has successfully represented employees in legal disputes. Contact us now by calling our office at 818-610-8800 or by submitting a form on our website. Once we receive your information regarding your claim we will reach out to you and discuss your options moving forward.
Get Your Questions Answered. Contact Our Lawyers.
Every case is unique and needs to be evaluated by our experienced lawyers. If you have been injured in a work-related accident, give us a call at 818-610-8800 or send us an email to schedule a free initial consultation. There is no risk to meet with us. We get paid only if we win your claim.