When is A Termination a Wrongful Termination?

An Orange County employment attorney can advise companies on the legality of their hiring, firing and promotion practices so businesses can reduce the risk of being sued for wrongful termination or for any violations of employee protection laws. An attorney can also provide assistance to employees who believe they were treated improperly by an employer and who want to pursue legal action to correct a wrong that has been done to their professional career. 

One issue that Orange County employment attorneys routinely provide assistance with is wrongful termination. Wrongful termination occurs whenever a person is fired in violation of his rights. Brown & Charbonneau, LLP has represented many employees who were unlawfully terminated and our legal team can help you to pursue appropriate legal remedies in circumstances where your employer has treated you unfairly. Give us a call today to get help determining if a termination was wrongful and to find out how our firm can help you to pursue a case when your employer let you go for impermissible reasons.

When is a Termination Wrongful?

Employees are considered to be at will in California under most circumstances, unless there is an employment contract in place or unless the employee otherwise falls within an exception to the general rule that employment is at will.

When a person is an at will employee, this means that the worker can quit any time and for any reason. It also means the employer can fire the worker any time and for any reason. In fact, an employer typically does not have to provide any justification for the firing and can simply decide to let the worker go.

However, while employers have broad authority to make firing decisions, there are some exceptions. Employers are not allowed to fire a person because the worker tries to organize a union at work, and an employer is not allowed to fire someone because the worker reports a safety violation or reports illegal activities at work.

Employers are also not allowed to violate state or federal civil rights laws, such as Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, or the Age Discrimination in Employment Act. These civil rights laws preclude employers from making hiring or firing decisions or from making choices about promotions or any terms and conditions of employment on the basis of a person’s protected status.

There are different types of discrimination that various civil rights laws prohibit, including discrimination on the basis of gender, religion, race, national origin, disability status, or advanced age. California also adds protections against being terminated on the basis of sexual orientation, which means the state protects the rights of LGBTQ individuals even though the federal government does not generally provide this type of protection nationwide.

If you terminated in violation of any of the laws protecting you, such as by an employer who refuses to accommodate a reasonable religious practice or by an employer who will not promote you due to the fact that you’re a woman or that you are not caucasian, you can take legal action. Brown & Charbonneau, LLP will help you to determine what your options are and will guide you though the process of obtaining an appropriate remedy.

What are Your Options After a Wrongful Termination?

If you believe that you have been a victim of wrongful termination, you may be able to make a complaint to the Equal Employment Opportunity Commission. You may also wish to pursue a civil case against an employer for wrongful termination.

When you sue an employer, you can ask for a variety of different legal remedies. You can obtain compensation for lost income resulting from the unfair termination and you can request that the court order you to be reinstated at your job. Brown & Charbonneau, LLP can assist you in pursuing the right legal remedies for your specific situation so you can get the maximum compensation and so you can maximize your career opportunities going forward.

Getting Help from An Orange County Employment Attorney

Brown & Charbonneau, LLP provides comprehensive legal advice and representation to both employers and employees on a wide variety of legal matters affecting the work relationship. Wrongful termination cases are some of the most common cases that we handle and we will bring our extensive experience with these types of claims to your case to provide the assistance that you need. To find out more about the ways in which our firm can help you with wrongful firings or any other employment law matter, give us a call at (866)237-8129 or contact us online today.