Wrongful Termination Lawyers
California is an at-will employment state. This generally means that an employer can terminate an employee at any time for any reason, or no reason at all. Even so, there are certain legal restrictions under employment law as to who can be fired for what. Wrongful termination is the term for when a company violates those restrictions.
Our Simple Process
: File Preparation
Require employers to provide all employee-related personnel and payroll records
: Investigation Stage
After receiving all employment records from the employer, the attorney will review all relevant documents pertaining to the employee to determine whether the employer has been in violation of labour laws.
: Issue Claim
If the employer does violate labor laws, we will prepare and send the claims to the employer or their attorney
: Settlement and Proceedings
You may receive a settlement offer during your claims process, which you can accept or reject. If both parties cannot reconcile, the employee may pursue their claims through the Department of Labor or through legal proceedings.
When an illegal act under employment law results in the firing of an employee, the employee is the victim of wrongful termination. Wrongful termination can be the result of workplace discrimination of any protected class, actions taken that are designed to create a hostile work environment with the goal of making an employee quit, or retaliatory action against a whistleblower.
Due to the nature of at-will employment, unlawful termination can be difficult to prove. Most employers accused of wrongful termination will deny it and provide a legal reason for why the employee was terminated to obscure or hide any potential illegal factor. Collecting and keeping any evidence that points to wrongful termination is the best way to bolster a legal claim. Items such as positive performance reviews, industry awards, records of conversations, and emails can help prove an unjustified firing based on discrimination or retaliation.
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