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Riverside Wrongful Termination Lawyer
Attorney advertisement by Edwin Aiwazian of Lawyers for Justice, PC, headquartered at 410 Arden Avenue, Glendale, CA 91203
If you believe an employer wrongfully terminated you from your job in Riverside, it’s crucial to understand that you have rights.
Navigating the complexities of employment law can be challenging, but a compassionate and knowledgeable Riverside wrongful termination lawyer can help guide you through this difficult time. At Lawyers for Justice, PC, we stand up for unjustly dismissed employees and ensure they receive the justice they deserve.
Understanding Wrongful Termination in California
Wrongful termination occurs when an employer fires an employee in violation of legal rights or company policies. California is an at-will employment state, so employers can terminate employees for any reason or no reason at all as long as the reason is not illegal. However, certain protections are in place to prevent unjust dismissals.
Examples of Wrongful Termination
Wrongful termination can manifest in various ways. To better understand what constitutes wrongful termination, consider the following examples:
Discrimination
Being fired based on your race, gender, age, religion, national origin, disability, or sexual orientation is a clear case of discrimination, which is illegal under both state and federal laws.
Retaliation
If you report illegal activities, safety violations, or harassment (whistleblowing) and are subsequently terminated, this is considered unlawful retaliation.
Violation of Public Policy
Being dismissed for exercising your legal rights, such as voting, serving on a jury, or taking family medical leave, violates public policy and constitutes wrongful termination.
Breach of Contract
If you have an employment contract that outlines specific conditions for termination, and your employer dismisses you in violation of these terms, this could be considered a breach of contract and wrongful termination.
At-Will Employment and Its Exceptions
While California’s at-will employment doctrine allows for flexible termination policies, it does not provide employers with carte blanche to dismiss employees for unlawful reasons. Understanding these exceptions is essential.
Public Policy Violations
Employers cannot terminate an employee for reasons that violate public policy, such as refusing to engage in illegal activities. For instance, if an employer fires you for refusing to participate in unlawful business practices, this would be considered wrongful termination.
Implied Contracts
Even without a written contract, implied agreements based on company policies, employee handbooks, or verbal assurances can protect against wrongful termination. For example, if your employer consistently assures you of job security and terminates without cause, this could breach an implied contract.
Covenant of Good Faith
Employers must act in good faith and fairness when terminating employees. They cannot terminate you to avoid fulfilling employment benefits or to retaliate against you for exercising your employment rights.
Should I File a Claim for Wrongful Termination?
Filing a wrongful termination claim is often a good idea if you believe your dismissal was unjust. Filing a claim can protect your rights and potentially lead to compensation for lost wages, benefits, and emotional distress. It ensures that your employer is held accountable for their actions.
Legal action can also discourage employers from engaging in illegal termination practices in the future, helping create a fairer workplace for others. Pursuing a wrongful termination claim provides validation and closure for wrongful treatment, affirming that your rights have been violated and seeking justice for the wrong done to you.
Should I Look for Other Employment While a Wrongful Termination Case Is Pending?
Yes. You should continue seeking employment. It may be difficult to consider pursuing other employment, but there are reasons why you should do so, even with a wrongful termination case pending.
Mitigating Damages
Pursuing other job opportunities demonstrates your commitment to mitigating your damages, which can be favorable in your case. Courts often consider whether the plaintiff made reasonable efforts to find new employment.
Financial Stability
Securing new employment can provide financial stability during the legal process, ensuring that you can support yourself and your family while your case is pending.
Career Continuity
Maintaining continuous employment can help preserve one’s professional reputation and career trajectory, which can be beneficial in the long run.
Can I Collect Unemployment Benefits If I Was Wrongfully Terminated?
In many cases, yes. If you were wrongfully terminated, you are often eligible for unemployment benefits. Apply for unemployment benefits promptly and provide accurate information regarding your termination to the Employment Development Department (EDD). Clearly explain the circumstances of your dismissal.
If your termination was unlawful, you should be eligible for unemployment benefits. The EDD will review your case and determine your eligibility based on the details you provide. If the EDD initially denies your claim, you can appeal the decision. A Riverside wrongful termination lawyer can assist you in this process to ensure you receive the benefits you are entitled to.
The Process of Filing a Wrongful Termination Claim in California
Filing a wrongful termination claim involves several critical steps. Though it is not always fast, it can be well worth the effort.
Consultation
Schedule a consultation with a Riverside wrongful termination attorney to discuss the details of your case. They will evaluate the merits of your claim and provide legal advice.
Documentation
Gather evidence to support your claim, including employment contracts, emails, performance reviews, and witness statements. Your attorney can help you identify and organize the necessary documentation.
Filing a Complaint
Your lawyer will help you file a complaint with the appropriate agency, such as the Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CRD). These agencies will investigate your claim.
Investigation
The agency will investigate your claim and may attempt to mediate a settlement between you and your former employer. This process can take several months, depending on the complexity of your case.
Lawsuit
If mediation fails, your lawyer may file a lawsuit on your behalf. This involves preparing legal documents, gathering further evidence, and representing you in court.
How a Riverside Wrongful Termination Lawyer Can Help
A skilled wrongful termination lawyer in Riverside can provide invaluable assistance throughout your case. They will determine your claim’s merits and provide clear legal advice on the best course of action. They will help you gather and organize critical evidence to support your case, ensuring that you have a strong foundation for your claim.
Your lawyer will guide you through complex legal processes and deadlines, ensuring all necessary paperwork is filed correctly and on time. They will negotiate with your former employer for fair compensation, aiming to settle your case without needing a lengthy court battle. If your case goes to trial, your lawyer will provide strong representation, advocating for your rights and seeking the best possible outcome.
Contact Lawyers for Justice, PC
Don’t navigate this challenging time alone if you suspect you have been wrongfully terminated. Contact Lawyers for Justice, PC, a wrongful termination law firm that protects employee rights. Our Riverside wrongful termination lawyers are here to provide the support and expertise you need to pursue justice and secure your future.
For compassionate and experienced legal representation, reach out to us today. Let our Riverside wrongful termination attorneys help you understand your rights and take the necessary steps to achieve a fair outcome. Don’t wait—contact Lawyers for Justice, PC, and let us fight for your rights.