A San Jose Attorney Protects Clients from Wrongful Termination
At-will employees can be subject to unjust firings by their companies
Being let go from your job is a painful and frustrating experience, regardless of the reason. Many companies can let employees go for no reason at all. However, there are some causes that are considered “wrongful termination” under the law. If you think you were fired for unjust reasons, you may be entitled to legal recovery.
The Law Office of George Duesdieker works to protect the rights of Californians who have been unfairly fired from their jobs. If you think you have been let go improperly, we can help you get compensation for your ordeal.
Fighting employer discrimination in San Jose and the Bay Area
Most employees in the U.S. are “at-will employees.” If you are an at-will employee, a company or individual employer can terminate your employment without stating any cause. However, state and federal law prohibits firing someone based on particular reasons, including:
- Race, religion, or national origin ― Discrimination in any aspect of employment, including termination, based on race, religion or nationality is prohibited by federal law.
- Age – Employees or prospective employees over age 40 cannot be treated differently than other employees because of their age. Discharging someone because of age is illegal.
- Gender ― Several pieces of federal legislation prevent discrimination based on sex, including unequal pay and firing an employee because of his or her gender.
- Disability ― The Americans with Disabilities Act requires that businesses and employers accommodate employees with disabilities. Discharging someone because of a disability is prohibited by state and federal employment law.
There are many other aspects relevant to determining whether your termination was lawful. An experienced California employment termination lawyer can explain more about how the law applies in your case.
Employer retaliation is prohibited in California
In addition to federal law, California law also bans wrongful employment termination if it is retaliation for legally protected behavior. Among the activities the law protects from unjust firing are:
- Organized labor activities ― Union membership and certain union activities authorized by law are protected activities. An employer cannot fire you for participating in authorized union activities.
- Resisting sexual harassment ― Someone terminated for avoiding or reporting another employee’s unwanted sexual advances or comments has a legal remedy in court.
- Taking family leave ― California law prohibits firing someone taking maternity or other types of family leave.
Other authorized actions, such as jury duty, cannot be the basis for firing an employee. If you have been fired for an unlawful reason, your potential remedies include:
- Receiving back pay
- Returning to your previous position
- Court costs
- Damages for emotional distress
- Attorney fees and costs
Speak to a San Jose employment lawyer if you believe you were unjustly fired from your job
The Law Office of George Duesdieker is committed to protecting the rights of clients who have been unfairly fired from their jobs. If you have been wrongly separated from your position, you may be entitled to legal remedies. Contact us at 650.684.5444 or online to schedule a free initial consultation. We offer contingency fees, so you do not have to pay until you receive compensation.