- Race
- Religion
- Gender
- Sexual orientation
- Disability
- Pregnancy
An employer cannot terminate you based on any of these protected characteristics. If they do, the employee may pursue a claim for wrongful termination.
What Are Some Common Examples of Wrongful Termination in Long Beach?
There are many different ways that an employer can violate an employee’s rights, including:
- Firing an employee in retaliation for reporting discrimination, harassment, or other illegal behavior. Sometimes, employees identify misconduct in the workplace, and they are subsequently terminated as a form of retaliation. An honest and noble action reflecting the employee’s commitment to their job is met by punishment with unfair unemployment.
- Firing an employee to avoid paying overtime or other earned wages. Unfortunately, wage theft is all too common in the workplace. Some employers try to get around paying their employees by classifying them as exempt from overtime when they are not or by failing to pay them for the hours they worked. This is a sneaky tactic for employers to boost their profits at the expense of their employees, but it is illegal and can result in a wrongful termination claim.
- Firing an employee for taking leave under the Family and Medical Leave Act (FMLA). The FMLA is a federal law that provides Long Beach employees with up to 12 weeks of unpaid leave for certain qualifying events, such as the birth or adoption of a child or the serious illness of a family member. Employers who try to interfere with an employee’s ability to take advantage of this leave or who fire an employee for taking FMLA leave can be held liable for wrongful termination. This is true, even if the employer claims to be unaware of the law.
- Firing for complaining about unsafe working conditions. Employees have a right to a safe workplace, and they also have a right to complain about unsafe conditions without fearing retaliation from their employer. If an employee is fired for bringing unsafe conditions to their employer’s attention, they may have a claim for wrongful termination.
- Firing an employee based on a false accusation. An employer might try to get rid of an employee they don’t like by making up false accusations against them. This could be anything from alleging that the employee was stealing company property to claiming that they violated company policy. If you have been wrongfully terminated based on false accusations, our attorneys can help you clear your name and hold your employer accountable.
What Can I Be Compensated for If I Win My Wrongful Termination Case in Long Beach?
The types and number of damages that may be available in a wrongful termination case depend on the facts and specific laws that were violated. In general, employees who are successful in their wrongful termination cases may be awarded:
- Lost wages and benefits. If you win your case, you may be able to recover the wages and benefits you lost as a result of your wrongful termination. This could include things like salary, bonuses, commissions, and health insurance.
- Reinstatement. In some cases, the court may order your employer to reinstate you in your old position.Alternatively, they might give you a similar position with the same salary and benefits.
- Emotional distress damages. If you have suffered from anxiety, depression, or other mental health problems because of your wrongful termination, you may be able to recover damages for your emotional distress.
- Punitive damages. In some cases, an employer’s conduct may be so egregious that the court will award punitive damages. Punitive damages deter future misconduct but are not available in every case.
Do I Need a Long Beach Wrongful Termination Attorney?
The most valued offerings from a Long Beach wrongful termination lawyer may include:
- A consultation to discuss your case. This is an opportunity for you to explain what happened and for the attorney to ask questions about your case. It also gives you a chance to get to know the attorney and decide whether you would like to work with them.
- An evaluation of your case. Once the attorney has all the facts, they can determine whether you have a claim and, if so, what your best options could be.
- An estimate of the value of your case. While no attorney can guarantee a specific outcome, an experienced wrongful termination attorney will be able to give you an estimate of the value of your case based on their experience with similar cases.
- Experienced and knowledgeable legal representation. If you decide to move forward with your case, working with an expert attorney can give you the confidence you need. The average citizen does not have a legal background or experience in court, which could dramatically affect the outcome of their case if they chose to self-represent.
- Negotiation. Whether it’s through a settlement or a trial, attorneys are highly skilled in the art of negotiation. Mastering the strategy behind negotiation could be the deciding factor in how much you are awarded for your wrongful termination case, as the ability to negotiate a higher settlement could make all the difference.
Wrongful Termination Law FAQs
Q: How much is a Long Beach wrongful termination claim worth?
A: The damages you could recover in a wrongful termination claim will depend on the specific laws infringed in your situation. Employees who succeed in their wrongful termination claim may be awarded lost wages and benefits, reinstatement, emotional distress damages, and punitive damages. The total varies on a case-by-case basis.
Q: Can I sue my employer for wrongful termination?
A: In order to sue your employer for wrongful termination, you must first show that you were wrongfully terminated. This means that you must have evidence of being fired in violation of a contract, statute, or public policy. If you can show that you were wrongfully terminated, you may be able to recover damages. Suing your employer is a complex legal process, so it is important to consult with an experienced wrongful termination attorney before taking any action.
Q: How do I prove wrongful termination?
A: To prove wrongful termination, you must have clear evidence that your employer terminated your employment for an illegal reason. The evidence included could be direct, such as an employer’s statement that they are firing you because of your race or gender. It can also include circumstantial evidence, such as your employer making derogatory comments about your protected characteristic or if you are replaced by someone who does not share your protected characteristic.
Q: What are some common signs of wrongful termination?
A: Some of the common signs indicating that you may have been wrongfully terminated include being fired for a reason that is not in your employment contract, being fired for refusing to do something illegal, or being fired in retaliation for reporting your employer’s illegal activities. If you are unsure whether you have been wrongfully terminated, you should consult with an experienced wrongful termination attorney.
If you believe you have grounds to pursue a wrongful termination claim, our skilled team of wrongful termination attorneys in Long Beach can help. Speak with an attorney about your situation.
Contact Nosrati Law, A Professional Law Corporation today, and find out how our law firm can assist you in getting the justice and compensation you deserve.
