Wrongful Termination Attorneys in Sacramento

According to the State of California Employment Development Department Sacramento branch, in these last couple of months,  the employment numbers have increased. From these jobs, leisure, and hospitality were top positions. Along with leisure and hospitality, construction positions were also a top reason for this employment increase. The reason for this is that construction for buildings has increased within the last couple of months in Sacramento County. But, jobs in transportation and utilities witnessed a decrease.

Being wrongfully terminated from work could be a very frustrating experience, especially because your family members have to depend on your income. But, in the event that you have been wrongfully terminated, you have the right under California and Sacramento law, to get compensated for what you have been through. 

What is wrongful termination?

Wrongful termination is a term used to refer to a situation where an employer dismisses or fires an employee, despite the fact that the employee is protected by law. When an employee is let go for wrongful or illegal reasons, an employer could be held responsible under a wrongful termination lawsuit.

WHAT ARE THE VALID REASONS FOR TERMINATION FROM WORK?

There are specific lawful reasons why an employer could let go of an employee. Below are some examples:

• Restructuring of the company
• Poor performance of the employee
• Criminal activity by the employee at work
• Downsizing of the company

If an employer fires an employee for any of the above reasons, the employee may not have the ability to file a successful Sacramento wrongful termination lawsuit or claim against their employer. These actions are protected by law and are considered legitimate reasons for letting go of an employee.

WHAT ARE NOT VALID REASONS FOR TERMINATION FROM WORK?

There are circumstances where an employer’s reasoning for letting an employee go could be considered illegal or unjust. In the below circumstances, an employee has the right to file a successful wrongful termination lawsuit against their employer for compensation.

• Discrimination: Under California law, an employer cannot discriminate against an employee. There are specific protected classes, which include race, gender, disability, religion, age, and national origin. This means that if an employer lets go of an employee because of any of the above discriminatory reasons, then the employee could file a discrimination lawsuit against the employer.
• Retaliation at work: If the employee was let go because of reporting certain circumstances at work, whether it was reporting harassment or reporting unsafe work environments, the employee could file a lawsuit against the employer. Unfortunately, many employees are afraid of coming forward and reporting unsafe or unjust work environments because they are afraid that their employer could retaliate against them. But, if their employer were to retaliate against them for reporting and speaking up with the truth, an employee could file a lawsuit. For more information on retaliation and how you could file a lawsuit for retaliation, contact our Sacramento retaliation employment attorneys today.
• Breach of contract: If an employee has a contract with the employer that specifies that the employee cannot be fired without a valid reason, then the employee could hold the employer responsible. 
• Criminal activity: If an employee is fired because they refused to participate in a fraudulent or criminal activity, then the employee could hold the employer responsible. The most common scenario is when a business engages in tax fraud, and an employee refuses to take part in it.
• Unsafe working conditions: Sometimes, an employer may not outright fire or let go of an employee verbally, but may push them to do so. For example, if the work environment is substantially unsafe, and an employee quits because of this work environment, they could still file a lawsuit against the employer for wrongful termination.
• Whistle-blowing: an employee who speaks up and reports any illegal or unjust practices at work, and is then retaliated against, could finally lawsuit for wrongful termination.
• Vacation: An employee cannot be fired after taking a lawful vacation.
• Family and medical leave: All employees have the right to family and medical leave if they meet the requirements in California. An employee cannot be fired for taking a lawful family and medical leave.
• Political ideologies: An employee cannot be let go because of activities or hobbies that they take pardon. But, if these activities or hobbies are criminal in nature and bring danger into the work environment, they could be let go.

Above are some examples of circumstances where an employer cannot let go of their employee. In the event that they do so, they could be held responsible for wrongful termination. Give us a call today if you have been let go in any of the above circumstances.

WHAT KIND OF COMPENSATION COULD I RECEIVE FOR MY SACRAMENTO WRONGFUL TERMINATION LAWSUIT?

• Reinstatement
• Back Pay
• Front Pay
• Emotional Distress
• Incidental Costs For Finding Another Job
• Pain And Suffering
• Anxiety
• PTSD
• Medical expenses if you were physically injured on the job

HOW CAN I PROVE WRONGFUL TERMINATION?

Proving wrongful termination differs depending on the experience and the reason for the employee being terminated. There are specific types of evidence that your attorney will look at to determine if you were wrongfully terminated and to build your claim. For example, evidence could include:

• Employee performance reports
• Employee review reports
• Pay stubs
• Vacation accrual reports
• Work schedules

The documents that were looking for depend on the circumstances of your wrongful termination case. For example, if you were fired, and your employer claimed that it was because you were poorly performing, our top-rated Sacramento attorneys will take a look at your performance reviews.

Could I file a wrongful termination case if I was fired without notice?

This is a very common question that we receive from our clients. Sometimes, employees are fired without notice when they come into the office. But, this is considered legal. 

An employer could terminate you the same day that you arrive at work. But, the reasons for termination are important. If your employer fails to provide a lawful reason for termination, you could file a wrongful termination lawsuit. Further, you should receive wages up to the point that your employer terminated you.

What should I look for in a top-rated Sacramento employment attorney?

• Experience
• Communication
• Reputation