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When Should Employees File a Wrongful Termination Claim?

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When Should Employees File a Wrongful Termination Claim?

Wrongful termination occurs when an employee is fired in violation of legal protections or employment agreements. Understanding your rights as an employee is essential, especially if you suspect your termination was unjust. At the Law Office of Jeannette A. Vaccaro, we are committed to fighting for employees’ rights throughout California. Our experienced legal team stands ready to support you in filing a wrongful termination claim and securing the justice and compensation you deserve.

Understanding Wrongful Termination

Wrongful termination covers various scenarios where an employer has unlawfully terminated an employee. This could include discriminatory practices, retaliation for whistleblowing, violation of public policies or breaches of contract. Employees should be aware of these protections and seek legal advice if they believe they’ve been wrongfully dismissed.

Discrimination or Reporting FEHA Violations

One of the most common grounds for filing a wrongful termination claim involves discrimination. Under the Fair Employment and Housing Act (FEHA), employees are protected from termination based on race, gender, age, disability, sexual orientation, and other protected characteristics. If you have been terminated due to any of these factors, or for reporting violations of FEHA, you have the right to file a claim.

Whistleblower Activities

Employees who report illegal activities or violations of regulations within their workplace are often protected under whistleblower laws. If you’ve been terminated for exposing unethical practices or reporting safety violations, you may have a strong case for wrongful termination. Whistleblower protections are crucial in maintaining transparency and accountability within organizations.

Implied Contract Violations by the Employer

In some cases, even without a written contract, employers and employees have implied agreements based on company policies, handbooks or verbal commitments. If an employer terminates an employee in violation of these implied contracts, the employee may have grounds for a wrongful termination claim. It’s important to review company documents and communication that outline employment terms.

Public Policy Violations by the Employer

Employers cannot terminate employees for reasons that violate public policy. This includes firing an employee for performing a legally required duty, such as serving on a jury or for exercising a legal right, like taking family medical leave. If your termination contravened established public policies, this could serve as a valid reason for filing a claim.

Filing a Workers’ Compensation Claim or Reporting a Work Injury

California law protects employees who file workers’ compensation claims or report work-related injuries. If an employee is terminated as retaliation for seeking compensation or reporting an injury, this constitutes wrongful termination. Employers must uphold the rights of employees to report injuries without fear of reprisal.

Documented Evidence

In wrongful termination cases, documented evidence plays a crucial role. Emails, voicemails, and other recorded communications that demonstrate harassing or prejudiced behavior can strengthen your case. Gathering and presenting this evidence effectively can significantly impact the outcome of your claim.

Contact an Attorney to Discuss Your Case

Wrongful termination can have profound impacts on an individual’s career and well-being. If you believe you were wrongfully terminated, it is imperative to seek legal advice promptly. At the Law Office of Jeannette A. Vaccaro, we understand the complexities of employment law and are dedicated to representing employees facing unjust termination. Contact us today to discuss your case and explore your legal options.

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