Employment Law Attorneys
Wrongful Termination
Under California law, employees may not be terminated for discriminatory reasons or in retaliation for exercising their legal rights. A related concept is constructive discharge in which an employee feels no choice but to resign from employment for reasons that result from the employer’s violation of the employee’s legal rights.
Examples of Wrongful Termination:
- Discrimination: Employees cannot be terminated from their position based upon membership in a protected class such as: race, ethnic origin, ancestry, nationality, gender identity, gender expression, physical or mental disability, military/veteran status, medical condition, genetic information, religion, sex, age, sexual orientation, reporting wage issues, reporting harassment or reporting any safety violations.
- Retaliation: An employer cannot fire an employee because the employee filed a claim of discrimination or is participating in an investigation for discrimination. Additionally, an employer cannot terminate an employee for reporting wage violations, safety violations and any other violations within the workplace.
- An employer is not permitted to fire an employee because the employee refuses to commit an act that is illegal.Reporting a Violation of Law to Government Authorities: also known as a whistleblower law, an employee who falls under whistleblower protections may not lawfully be fired for reporting an employer's legal violation or for similar activity that is protected by the law.
- In some cases, an employee handbook or company policy outlines a procedure that must be followed before an employee is terminated. If the employer fires an employee without following this procedure, depending upon the laws of the jurisdiction in which the termination occurs, the employee may have a claim for wrongful termination.
What Is The Average Settlement For A Wrongful Termination Case?
There are many factors that determine the amount of a settlement. Generally speaking, wrongful termination settlements include past lost wages, future lost wages (after the
Can A Company Fire You For No Reason?
The short answer is yes. In California employment is considered to be “at will” which means that you can be fired at any time with
Can I Sue For Wrongful Termination?
Yes, you can. In California the law protects employees from being wrongfully terminated based on being a member of a protected class. It is illegal
Can I sue my employer for firing me?
Yes you can in certain circumstances. In California the law protects employees from being wrongfully terminated based on being a member of a protected class.
Can You Get Fired Over The Phone?
Yes, you can be terminated over the phone. In California, employment is considered to be “at will”. This means that an employer can hire you
Does Terminated Mean Fired?
Generally speaking, terminated means the same as fired. It means the employer decided to let you go from your job. In some circumstances an employer
How Long Does A Wrongful Termination Case Take?
Wrongful termination cases can take a year or more to resolve. However, many cases settle much quicker including some that settle within a few months.
How To File For Wrongful Termination?
If you want to file a wrongful termination case, you should first consult with an attorney to go over the facts of your situation to
How To Prove Wrongful Termination?
You must show that you were terminated based on an illegal reason. In a wrongful termination matter you have to show you were terminated because
How To Sue An Employer?
If you think you might have an employment case, ask your lawyer to evaluate your situation and supporting facts to determine if you have a
What is Overtime Pay?
Overtime pay in California is a premium paid to employees for work performed beyond 8 hours in a workday or beyond 40 hours in a
How Much Is Overtime Pay?
In California, overtime pay for non-exempt employees is paid at a rate of one and a half times the employees’ regular rate of pay for
How to Calculate Overtime Pay?
In California, overtime pay is calculated based on the employee’s regular rate of pay. For example, if an employee earns $20 per hour, the overtime
How to Calculate Double Overtime Pay?
In California, employees are entitled to double time pay when they work more than 12 hours in a workday and for all hours worked in
What is Prevailing Wage?
Under California law prevailing wage rates are set by statute for contractors and sub-contractors that perform work on state, municipal and local public works projects
Can Salaried Employees Get Overtime?
Yes, in some circumstances. An employee can be paid on a salary basis and still be non-exempt. This means that they are entitled to overtime
Can An Employer Force You To Work Overtime?
Yes. An employer can ask you to work overtime. If you don’t want to work the overtime you have a couple of choices – you
Can Overtime Be Mandatory?
Yes. If your employer insists that you work overtime, then you can be disciplined or even fired if you don’t show up or you refuse
Mandatory Overtime For Nurses?
Nurses are subject to many complex labor law rules and whether they are paid overtime pay depends upon their qualifications and job status as to
How To Report An Employer For Not Paying Overtime?
You can talk to an employment law attorney about your rights to overtime pay. If you are owed overtime pay your attorney may be able
What is the Tittle VII of the Civil Rights Act? What Does it Do?
Title VII of the Civil Rights Act of 1964 is a federal law that protects employees from discrimination based on a protected status or characteristics
What Should I Do If I Believe If I Have Been Discriminated Against Under Title VII?
If you believe you are suffering from workplace discrimination you should immediately contact an employment law attorney to discuss your situation. Do not wait as
How Long Do I Have To File a Charge of Discrimination With the EEOC?
You only have 180 days from the discriminatory event to file a discrimination charge with the EEOC.
What Is The Difference Between The Equal Pay Act And Tittle VII?
A violation under the Equal Pay Act involves two workers of different genders who work for the same employer, are performing the same work under
Can My Employer Take Action Against Me For Filing A Discrimination Charge?
No. Employers violate the law if they retaliate against an employee for filing a discrimination charge under Title VII. Employers are prohibited from demoting or
I’m Not Sure If I Want To File An EEOC Charge Yet What Steps Can I Take To Protect Myself?
Report discriminatory conduct to your Human Resources department in writing. Keep written notes at home regarding any discriminatory conduct you witness or experience. Seek out
