Even though most employees work under an “at-will” arrangement in California, employees and employers routinely face wrongful termination lawsuits. Violating the terms of an employment contract or termination can lead to various claims depending on the circumstances. For instance, a wrongful termination action may be based on discrimination, retaliation, constructive discharge, intolerable conditions and violation of public policy.
These kind of claims can result substantial litigation and damage the employer’s reputation. Employees who believe that they have been wrongfully terminated can seek to file a lawsuit to recover damages including punitive damages. While these lawsuits are difficult to navigate in the complex employment environment, they are not impossible with the right legal guidance.
In the state of California, an employer can fire an employee for any reason or cause and without warning. Employers are protected from litigation as long as they do not break specific laws or contracts. For instance, the Employer may have had a substantial motivating reason for the termination apart from the alleged wrongdoing.
However, employers are not allowed to discriminate against employees or terminate an employee in retaliation. They also cannot fire an employee if that termination violates an employment contract. Further, the employer cannot create an environment that makes the working conditions intolerable to such a degree that it would be unreasonable to continue working in such conditions.
If you believe you have been fired from your job due to discrimination, retaliation or that your dismissal represents a breach of an employment contract, contact Knez Law Group. Our wrongful termination lawyers are located in Riverside, CA and serve the Inland Empire and Southern California.
It is illegal for employers to fire an employee for these reasons:
-Race
-Age
-Gender
-Pregnancy
-Sexual orientation
-Mental or physical disability
-Political affiliation
-National origin
-Religion
-Whistleblowers
-Sexual harassment
-Retaliation
There are state and federal laws in place to protect employees from unfair employment practices and litigation. Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Fair Employment and Housing Act are three examples of laws that protect employees from wrongful termination due to a wide range of characteristics.
If you believe you have been a victim of wrongful termination, you need an experienced lawyer from The Knez Law Group to help you fight back. We can help you seek justice after a wrongful termination.
In California, employees have a specific amount of time to file a claim seeking compensation after they have been the victim of wrongful termination.
-Wrongful termination due to discrimination under federal laws: Employee has 180 days from the date of termination to file claims
-Wrongful termination due to discrimination under the Fair Employment and Housing Act (“FEHA”): Employee has 300 days from the date of termination to file federal or California state anti-discrimination claims with the Department of Fair Employment and Housing (“DFEH”)
-Wrongful termination due to a violation of public policy: Employee has two years to file a claim
-Wrongful termination due to contract violation: Employee has four years from the date of the breach under California state law, unless the contract specifies a different limitation period. The contract limitation period may or may not be enforceable depending on the circumstances.
-While this may seem like a long time, it is important to act quickly. Our lawyers will need to begin gathering evidence, examining witnesses and building your case to help you achieve a favorable outcome.
Wrongful termination is a serious accusation and one that can ruin a growing company’s reputation and brand. Often times the employer may have not intended the wrongful termination and it is rather the result of misunderstanding or conduct of other employees such as supervisors or managers. Sometimes employees believe that they have been terminated wrongfully because of their sex, race, national origin, or sexuality. This may or may not be true. Employers have a right to terminate a member of a protected class if that termination process is valid. For these reasons, there is often an incentive for the Employee and Employer to attempt early resolution before filing claims.
At the Knez Law Group, our experienced Riverside wrongful termination attorneys have represented employees and employers throughout Riverside, San Bernardino, Los Angeles, Orange County, and San Diego. If you believe you have been wrongfully terminated, or you are facing a wrongful termination lawsuit, contact the Knez Law Group today at (951) 742-7681.
Knez Law is a father and son law firm serving Southern California.
Being a smaller firm, Knez Law has a reputation of providing personal attention to their clients while providing effective legal solutions in the areas of business litigation, personal injury, family law, probate litigation, employment litigation and legal and medical malpractice.
Senior partner, Fred J. Knez, founded the firm based on the belief that solid legal representation requires a commitment to the client’s needs and a focus on successful results. At Knez Law, we pride ourselves on one-on-one relationships with our clients, and a legal team dedicated to effective representation.
