Many employers often cross the lines when it comes to at-will employment. Even though employees are hired at will and can be fired without reason, it doesn’t mean they can be fired for illegal reasons.
Illegal reasons can be any reason that violates the employee’s federal and state rights. When you feel that your employer has terminated you for an illegal reason, contact an Oakland, CA wrongful death attorney from The Law Office of Jeannette A. Vaccaro.
Your employer is prohibited from firing you based on an unlawful reason. An unlawful reason can be for discriminatory purposes. If your employer terminated you because you are a certain race or age, that is illegal.
It is also illegal for your employer to retaliate against you by terminating you if you report them for discrimination. These actions are examples of wrongful termination.
Being fired for dealing with sexual harassment, whistleblowing against your employer, or using your FMLA leave is an illegal act you can sue your employer for.
Wrongful termination is a difficult claim to prove because employers are often careful. But there are some actions that you can take that can help improve your chances of winning your claim.
Some of these actions include documenting your employment status, keeping records, and knowing your rights.
Make sure to keep copies of your employment contract, handbook, pay stubs, and all documents that show your employment status. If your employers try to accuse you of something untrue, your documents can give you the credibility you need in court.
You also want to keep track of all documents leading up to your termination. This can help give an accurate timeline of how your employer acted towards you until your termination.
Some examples can be copies of your job evaluations, a copy of your claim with a federal organization, and even notes of what you remembered happened on the day you were terminated.
Wrongful termination can be considered a form of retaliation. When your employer retaliates against you after taking a certain action, that action is considered an adverse action. An adverse action is an illegal action that employers take to punish a certain employee and convince other employees not to take the same action.
This is automatically illegal, but your employer can also suffer additional penalties if they retaliate against you for practicing your protected action. Protected actions include exercising your whistleblowing rights when your employer has discriminated against you, sexually harassed you, committed a public policy violation, or failed to pay your earned wages on time.
When you have been wrongfully terminated, you can count on Oakland, CA wrongful death attorney Jeannette A. Vaccaro to protect your legal rights and seek the justice you deserve. Terminating an employee for a retaliatory or discriminatory reason is unlawful, and your employer should be held accountable. Fill out the online contact form to schedule your free consultation.
Jeannette is passionate about employee rights. She fights to shed light on injustices and to help her clients move beyond troubling times. Contact Jeannette today for a free case evaluation.
Settlement achieved on behalf of an employee who was discriminated against on account of his age.
Arbitration award in race harassment and discrimination suit.
Arbitration award obtained on behalf of employee terminated on account of his national origin.
Jury verdict obtained on behalf of long-term employee in suit for unpaid wages.
Settlement for employee that was retaliated against on account of reporting discrimination.
Settlement for employee discriminated against on account of her gender and age.
Pre-litigation settlement for victim of race & national origin discrimination.
Settlement negotiated in a gender discrimination case.