ination and discrimination. Wrongful termination is a blatant violation of an employee’s rights, which is why you can file a claim with a Lancaster wrongful termination lawyer to recover compensation or damages when it occurs.
Protected Characteristics of California Employees
Both California employment laws and federal labor laws outline specific characteristics that are protected in the workplace. This means an employer cannot use these traits against an employee or take adverse action against them for holding a certain trait. By combining the rights given through state and federal employment laws, all of the following employee characteristics are protected:
- Race
- Religion
- Color
- Age
- Ethnicity
- National origin
- Sex
- Sexual orientation
- Gender
- Gender identity/expression
- Pregnancy status
- Medical condition
- Genetic information
- Military status
Recognizing Wrongful Termination in Your Lancaster Workplace
Because California is an at-will employment state, it can be challenging to determine whether you were fired wrongfully. Understanding what wrongful termination can look like and when your boss is violating your rights is essential so that you can protect yourself. The following are just a few examples of wrongful termination:
You Were Fired as a Form of Retaliation
According to state labor laws, your Lancaster employer cannot fire you as a form of retaliation. This means that they cannot fire you simply because they’re mad at you for something. Many cases of wrongful termination in California occur because an employer fired their employee for reporting some type of incident. Whether they reported sexual harassment, discrimination, or a wage violation, employers commonly let go of employees they see as “problematic.” However, this is clearly a violation of your protections, and you should not be afraid to hold them accountable.
You Were Terminated Based on a Protected Characteristic
Another common element of wrongful termination involves discriminatory or prejudiced behavior. It is against the law for any California employer to fire a worker because they have a protected characteristic. Examples of this can look like your boss firing you after you tell them you’re pregnant, you were let go because you turned 50, or you were fired because you have a disability that they don’t want to accommodate.
You Were Fired Because You Requested or Took Time Off
Workers should not be punished for requesting time off as needed. Unfortunately, many employers become frustrated with employees who have to take long periods of time off, despite their reasoning for the break. If you request FMLA or CFRA and are fired soon after, this is technically retaliation and wrongful termination. All employees have the right to request state-approved leave when they meet the requirements and cannot be mistreated because of it.
Employment Lawyers Are a Necessity in Wrongful Termination Cases
Trying to navigate a wrongful termination claim in Lancaster without adequate legal help can feel impossible. Luckily, our team is ready to offer accessible, high-quality services for mistreated employees at any time. At Nosrati Law, A Professional Law Corporation, we offer help through services like:
Case Evaluations: Most Lancaster employees do not know much about employment law, which is why it can be difficult to determine whether or not they have a valid case. Our firm talks to workers from around southern California and evaluates their current circumstances. We take a collection of factors into consideration to help give you an honest answer about your legal options. If you have a substantial claim, our firm can then help you move on to filing.
Claim-Filing Assistance: Filing a wrongful termination claim can be challenging, especially if you don’t know how to present your case. At our Lancaster firm, we have aided countless workers in filing wrongful termination cases backed with solid evidence. We can offer tailored advice and guidance as you file your claim, and we are prepared to help you continue forward.
Outstanding Negotiation: In any claim where you’re holding a business accountable, you’re going to need a lawyer with proficient negotiation skills. At Nosrati Law, A Professional Law Corporation, our superior negotiation strategies help us to provide effective representation for all kinds of employment claims. If you have been wrongfully terminated in Lancaster, let us negotiate on your behalf for a positive settlement.
Lancaster Wrongful Termination Attorneys FAQs
Q: What Is the Statute of Limitations for a California Wrongful Termination Claim?
A: Every kind of employment claim in California has a statute of limitations. This statute of limitations dictates how long an employee has to take formal legal action before their evidence is no longer recognized as valid. For wrongful termination claims in California, an employee generally has two years from the day they were fired to file their claim. In cases where a written contract between you and your employer was breached, you may be able to extend your statute of limitations to four years. This is all dependent on your claim.
Q: What Is an “At-Will” Employment State?
A: At-will employment states are states that allow employers and employees to have full control of their relationships. When a state says employment is “at-will,” this simply means an employer can hire or fire an employee as they wish. This gives an employer the right to fire an employee without having to justify the termination. It also gives employees the right to quit whenever they’d like as long as they don’t violate their current contract. At-will states allow employers and employees to have beneficial relationships that can be ended without complex legalities.
Q: How Do You Make a Wrongful Termination Claim in Lancaster, California?
A: While taking any sort of legal action against your employer may seem daunting, it can be advantageous to you in a variety of ways. If you were wrongfully terminated in Lancaster, your first step should be hiring an adept employment lawyer. By consulting with an experienced wrongful termination firm like ours, we can help you determine if you have a significant claim on your hands. From there, we can all work together to gather evidence, file your claim, and negotiate for the compensation you are owed.
Q: How Long Will It Take to Resolve a Wrongful Termination Claim?
A: The complexity of your employment claim will have the largest impact on how long it takes to resolve. Because every case involves different damages, it can take anywhere from a few months to over two years to settle a wrongful termination claim in California. All employment claims are managed by California’s Labor Commissioner’s Office (LCO), which can often work faster than the local and state courts. If you’re worried that your case is taking too long or don’t know if the time is worth it, discuss your concerns with Nosrati Law, A Professional Law Corporation.
Schedule Your Wrongful Termination Case Evaluation Today
There is no better time to take action than the present. If you or your coworkers have been fired illegally in Lancaster, California, you deserve justice. Here at Nosrati Law, A Professional Law Corporation, we advocate for employees who can’t protect themselves. With decades of employment law experience and a myriad of successful cases, our firm has been trusted to handle wrongful termination claims for years.
Contact Nosrati Law, A Professional Law Corporation, to schedule a wrongful termination case evaluation and learn about what steps you can take.