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Bakersfield Wrongful Termination Lawyer
Attorney advertisement by Edwin Aiwazian of Lawyers for Justice, PC, headquartered at 410 Arden Avenue, Glendale, CA 91203
You are not alone if you believe you have been wrongfully terminated from your job in Bakersfield. Many employees face unfair dismissal and feel powerless to fight back. Fortunately, you have legal rights and options available to you.
If you need an experienced employment lawyer in Bakersfield, we at Lawyers for Justice, PC are here to help you navigate the complexities of employment law and seek the justice you deserve. Understanding the nuances of wrongful termination can empower you to take the necessary steps to protect your rights and secure the compensation you deserve.
What Is Wrongful Termination?
Wrongful termination occurs when an employer fires an employee for illegal reasons. These reasons can include discrimination, retaliation, breach of contract, or violation of public policy. California state law and federal law provide robust protections for employees against wrongful termination. Your wrongful termination lawyer can help you understand how these laws apply to your case.
Discrimination
It is illegal for employers to terminate employees based on race, color, religion, sex, national origin, age (over 40), disability, or genetic information. Federal law enforces these protections under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA).
California’s Fair Employment and Housing Act (FEHA) provides additional protections against discrimination, covering more categories such as sexual orientation, gender identity, and marital status. If you believe your employer fired you due to discriminatory reasons, an employment lawyer in Bakersfield can help you file a claim with the Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CRD)).
Retaliation
Employers cannot fire employees for exercising their legal rights, such as filing a complaint about workplace discrimination or harassment, taking family or medical leave, or reporting unsafe working conditions. The FEHA and the federal Occupational Safety and Health Act (OSHA) protect against retaliation. California’s Labor Code also protects employees from retaliation for whistleblowing or participating in investigations of their employer’s practices.
Breach of Contract
If your employer terminates you in violation of a written, oral, or implied contract promising job security, you may have grounds for a wrongful termination claim. Even at-will employees (those without a formal contract) can sometimes claim wrongful termination if their firing violates an implied agreement or company policy. For example, if an employee handbook or company policy implies certain disciplinary procedures before termination, and your employer did not follow those procedures, you may have a valid claim.
Violation of Public Policy
It is illegal for employers to terminate employees for reasons that violate public policy. This includes firing employees for refusing to engage in illegal activities, performing a legal obligation (like jury duty), or exercising a statutory right (like voting). California courts have recognized wrongful termination claims based on public policy violations, such as firing an employee for reporting a violation of law to a governmental agency (whistleblowing) or taking time off to serve in the military.
Why You Should Take Legal Action
Taking legal action against wrongful termination is crucial for several reasons. First and foremost, it helps you seek justice and hold your employer accountable for their misconduct. Additionally, it can provide you with financial compensation for lost wages, benefits, and emotional distress. Legal action may also prevent the employer from mistreating other employees by setting a precedent.
Protecting Your Rights
By taking legal action, you assert your rights and ensure your voice is heard. Legal action can empower you and others in similar situations to stand up against unfair treatment.
Financial Compensation
Wrongful termination can have a significant financial impact, leading to lost wages and benefits. A successful wrongful termination lawsuit can help you recover these losses. Compensation can include back pay, front pay (future lost wages), lost benefits, and other economic losses you incurred due to being wrongfully terminated.
Emotional and Psychological Relief
Being wrongfully terminated can be a traumatic experience, leading to stress, anxiety, and other emotional distress. Legal action can help you obtain compensation for these non-economic damages, providing you with some measure of relief and closure.
Types of Recovery You May Be Entitled To
If an employer wrongfully terminates you, you may be entitled to several types of recovery. Your Bakersfield wrongful termination lawyer can help you understand what you may be owed based on your circumstances. Compensation may include:
Lost Wages and Benefits
These include back pay for the time you were unemployed due to wrongful termination and any benefits you lost, such as health insurance or retirement contributions. Back pay is calculated from the date of termination to the date of a legal judgment or settlement.
Reinstatement
Sometimes, the court may order your employer to reinstate you to your former position with the same pay and benefits. This remedy is more common in cases where the employee wishes to return to their job, and the employer’s conduct does not make it untenable.
Emotional Distress
You may receive compensation for the emotional pain and suffering caused by the wrongful termination, including anxiety, depression, and other mental health issues. Courts recognize that wrongful termination can have severe psychological impacts on employees and award damages accordingly.
Punitive Damages
In cases of particularly egregious conduct by your employer, you may obtain punitive damages. These damages punish the employer and deter similar behavior in the future. Punitive damages are awarded in addition to compensatory damages and are typically granted in cases where the employer’s conduct was malicious, oppressive, or fraudulent.
How a Bakersfield Wrongful Termination Lawyer Can Help
Navigating the legal system can be overwhelming, especially when dealing with the emotional and financial stress of losing your job. A Bakersfield wrongful termination lawyer can provide invaluable assistance by:
- Evaluating your case. Determining if you have grounds for a wrongful termination claim involves a thorough review of your employment history, the circumstances of your termination, and any relevant documentation or evidence.
- Gathering evidence. Collecting and preserving evidence to support your claim is crucial. Evidence may include emails, performance reviews, witness statements, and relevant company policies or contracts.
- Filing legal documents. Filing the necessary legal documents and representing you in court or negotiations with your employer is critical. An experienced attorney will ensure that all filings are timely and comply with legal standards.
- Negotiating settlements. Many wrongful termination cases are resolved through settlements rather than going to trial. A skilled lawyer will negotiate on your behalf to secure a fair settlement that compensates you for your losses.
- Providing legal advice. Throughout the process, your lawyer will provide compassionate and personalized legal advice, helping you make informed decisions about your case.
You do not have to try to figure it all out by yourself. We’re here to help.
Reach Out to Lawyers for Justice, PC
If you believe you have been wrongfully terminated, acting quickly to protect your legal rights is essential. California law imposes strict deadlines for filing wrongful termination claims, so do not delay seeking legal advice. Knowing that your Bakersfield wrongful termination attorney is committed to fighting for your rights and helping you achieve the best possible outcome is important.
Contact Lawyers for Justice, PC today for a free consultation. Let us help you take the first step towards justice and recovery. Taking prompt legal action can make a significant difference in the outcome of your case and ensure that you receive the compensation and justice you deserve.