Wrongful Termination Lawyer in Oakland, CA

What Is Wrongful Termination?

Wrongful termination occurs when an employer fires an employee in violation of federal or California state laws. These violations could involve breaches of employment contracts, discrimination, retaliation, or other unlawful reasons.

It’s important to understand that California is an “at-will” employment state, meaning employers can terminate employees for any reason or no reason. However, this does not give employers carte blanche to fire employees for illegal reasons.

Common Grounds for Wrongful Termination in California

There are many ways that wrongful termination can occur. These are some of the most common scenarios.

Discrimination

Under both federal and California law, it is illegal to terminate an employee based on race, color, national origin, sex, gender identity, sexual orientation, religion, age, disability, or genetic information. For example, if you were terminated shortly after disclosing a disability or after a new supervisor of a different race was hired, these could be indicators of discriminatory practices.

Retaliation

Employers cannot fire an employee in retaliation for engaging in protected activities, such as reporting discrimination or harassment, filing a workers’ compensation claim, or whistleblowing. For instance, if you reported unsafe working conditions or participated in an investigation into workplace misconduct and your employer subsequently fired you, this might constitute retaliation.

Breach of Contract

If an employee has a written, oral, or implied employment contract, and the termination breaches the terms of that contract, it may be considered wrongful termination. Even if you don’t have a formal contract, other documents like employee handbooks or offer letters may create implied contracts.

Violation of Public Policy

Employers cannot terminate employees for reasons that violate fundamental public policies, such as refusing to engage in illegal activities, taking time off for jury duty, or voting. For example, if you were fired for refusing to falsify documents or taking time off to serve on a jury, these actions could violate public policy.

California and Federal Statutes Protecting Employees

California offers robust employee protections against wrongful termination, often exceeding federal standards. Here are some key statutes:

• Title VII of the Civil Rights Act of 1964. Title VII prohibits employment discrimination based on race, color, religion, sex, and national origin. The Equal Employment Opportunity Commission (EEOC) enforces this federal law, which applies to employers with 15 or more employees.
• Americans with Disabilities Act (ADA). This federal law protects employees with disabilities from discrimination. Employers must provide reasonable accommodations to employees with disabilities unless it causes undue hardship to the business.
• Age Discrimination in Employment Act (ADEA). The ADEA protects employees 40 years of age and older from discrimination. This federal law applies to employers with 20 or more employees and prohibits age-based discrimination in any aspect of employment.
• California Fair Employment and Housing Act (FEHA). This California law provides broader protections than federal laws, covering more types of discrimination and applying to smaller employers (with five or more employees). FEHA also prohibits harassment and retaliation.
• California Labor Code Section 1102.5. The Labor Code protects whistleblowers from retaliation. This includes employees who report violations of state or federal statutes, rules, or regulations to a government or law enforcement agency.

You do not need to understand how all of these statutes apply. That is the job of your Oakland wrongful termination lawyer.

Steps to Take If You Believe You Have Been Wrongfully Terminated

If you suspect your termination was unlawful, it is crucial to take the following steps to protect your rights and strengthen your case.

Document Everything

Keep detailed records of your termination, including any communications with your employer, performance reviews, and any relevant incidents leading up to your termination. This documentation can serve as crucial evidence in your case. For example, save emails, text messages, and notes from meetings that relate to your job performance or the circumstances of your termination.

Request Your Personnel File

In California, you can request and review your personnel file. This file can provide valuable information for your case, such as performance evaluations, disciplinary records, and other documents your employer may use to justify your termination.

Consult with an Oakland Wrongful Termination Lawyer

It is crucial to seek legal advice from a knowledgeable Oakland wrongful termination attorney. They can help you understand your rights and determine whether you have a valid claim. An experienced attorney can also guide you through filing a claim and represent you in negotiations or court proceedings.

File a Complaint with the Appropriate Agency

Depending on the nature of your claim, you may need to file a complaint with a government agency before you can pursue a lawsuit. For example, discrimination claims often require filing with the EEOC or the California Civil Rights Department. Your attorney can help you determine the appropriate agency and ensure the correct filing of your complaint within the required time frame.

Stay Professional

Even though you may be upset, it’s important to remain professional in all interactions related to your termination. Avoid making negative comments about your employer on social media or to colleagues, as these could be used against you in your case.

How Lawyers for Justice, PC Can Help

At Lawyers for Justice, PC, we are committed to fighting for the rights of wrongfully terminated employees. Our experienced wrongful termination lawyers will thoroughly review your case, gather evidence, and work tirelessly to seek the justice and compensation you deserve. We understand the complexities of both federal and state employment laws and will use our expertise to advocate for your rights.

Why Choose Lawyers for Justice, PC?

Our team has extensive experience handling wrongful termination cases and deeply understands California and federal employment laws. We have successfully represented numerous clients in similar situations and are well-versed in the strategies needed to build a strong case.

We understand the emotional and financial impact of wrongful termination. Our compassionate approach ensures you receive the support and guidance you need throughout the legal process.

We are dedicated to helping you navigate this difficult time with empathy and understanding and advocating aggressively on your behalf, both in negotiations and court, to achieve the best possible outcome for your case. Our attorneys are skilled negotiators and litigators who will fight to protect your rights and secure the compensation you deserve.

Contact an Oakland Wrongful Termination Lawyer Today

If you believe your employer wrongfully terminated you, do not hesitate to seek legal help. Contact Lawyers for Justice, PC today to schedule a consultation with an experienced Oakland wrongful termination lawyer.

Let us help you navigate this difficult time and fight for the justice you deserve. Our team is ready to listen to your story, answer your questions, and provide the guidance you need to move forward.

Remember, you have rights and do not have to face this alone. Reach out to Lawyers for Justice, PC, and take the first step towards protecting your future. With our dedicated Oakland wrongful termination attorneys by your side, you can feel confident that your case is in capable hands.