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Employment and Criminal lawyer

What Happens After a Contract is Breached?


What Happens After a Contract is Breached?
What Happens After a Contract is Breached?

What happens after a breach of contract? Well, what happens before and during are just as important questions to ask. Breach of contract claims in employment law can be tricky but with the guidance of an Employment Attorney, they can be little less complex. An Employment Attorney who represents employees against their employer is the type of attorney who may be able to decipher whether there was an implied or expressed promise made by an employer to their employee and whether or not that promise was fulfilled. Below are some points to keep in mind about breach of contract in employment situations.


The rundown
In California, employees are automatically considered as at will. At will employment basically means that an employee can be terminated for any reason or for no reason at all. The "at will" literally means the employer can decide to fire an employee at their own will without cause, even if they just feel like getting rid of an employee. For example, a boss could call an employee into his or her office today and say "Bob, I've decided the sound of your voice sounds like nails on a chalkboard, no one likes you at the office either. You're fired". Technically he or she could do that to poor Bob because he's an at-will employee and the employer can just decide to fire employees when he or she pleases. This means you cannot sue your boss for a breach of contract claim if you are fired.

There is an exception to the at-will employee rule, which is that an employer cannot terminate an employee if it is based on an illegal reason. An illegal reason would be if an employer terminated an employee based on the employee belonging to a protected class or possessing a protected characteristic. The law considers certain classes and characteristics protected such as marital status, race, age, religion, creed, sexual orientation, ethnicity, veteran status, military status, pregnancy, medical condition, or disability. If an employer's reason for firing an employee is based on the employee belonging to a protected class or the employee having a protected characteristic, then that may be considered as prohibited by the law. In looking at the previous example of poor Bob, let's say Bob was born and raised in Mexico. Prior to Bob's boss firing him because his voice was annoying and he wasn't the most likable guy in the office, his boss had made derogatory remarks about "Mexicans". On a few occasions Bob's boss had made jokes about how " all Mexicans were lazy". Bob's manager who hired him was the only other Mexican and was fired a week before Bob. In this example, there may be evidence that demonstrates that Bob was fired for an illegal reason. Although Bob's boss said it was because he was simply not liked at the office, the fact that his boss had made remarks that singled Bob out based on being of Mexican descent on top of the fact that the only other Mexican employee at the office was also fired indicates that Bob was fired based on his ethnicity. Here, Bob may be able to prove that he was fired for an illegal reason because it was based on his ethnicity which is a protected class according to employment laws in California. But again, this would not be considered a breach of contract claim.



The other exception

As mentioned previously, employees in California are automatically considered as at-will employees because California is an at will state. An employee who is at-will can be fired at the will of their employer without cause, but there is another exception to this rule. An employee may not even be considered at will in certain circumstances which means he or she cannot be terminated without cause. The circumstances that would render an employee to be considered as not an at-will would be if the employee can prove that he she had a contract with the employer that said otherwise. The contract can expressly or impliedly indicate that the contract would have a fixed time of employment and/or the employee could only be terminated if there is a cause.

If an employee cannot provide proof that there was an expressed or implied contract that provided that he or she was on a fixed term of employment and or he or she could not be terminated without cause, then the employee is considered at-will and therefore can be terminated for any reason or for no reason. Where an employee can provide proof that he or she was terminated while there was indeed an expressed or implied contract in place that had a fixed term of employment and/or that the employee could not be terminated without cause, the employee may have a claim in breach of contract and possibly wrongful termination. An Employment Attorney may be able to assist an employee or former employee should they have any questions regarding expressed or implied contracts. Also, an Employment Attorney may also be able to provide legal advice on any questions concerning whether a former employee has a breach of contract case and/or a wrongful termination case.

Breach of contract claims for at-will employees

An employee may be able to bring a claim against their employer for breach of contract even though the employee is an at-will employee. If an employee is promised by their employer that he or she will receive some kind of a benefit such as a pay increase after a stated term of employment and the employee is terminated before all the terms of the agreement are carried out, then the employee may recover. Usually, the employer could terminate the employee without cause, but where there is a promised benefit at the end of a fixed term and then the employee is fired for no reason before all the terms of the promise are carried out, the employee may be able to recover some of that money. In this kind of situation, a former employee may have a breach of contract claim against their former employer, in which case he or she should call an Employment Attorney for representation.


Dealing with a possible breach of contract claim can be overwhelming but with the assistance of the right Employment Attorney, it is possible to recover.
بازدید: 60
+ نوشته شده در پنجشنبه 27 ارديبهشت 1397 ساعت 2:59 توسط Afshin Tehrani | ارسال نظر

What is sex or gender discrimination?

What is sex or gender discrimination?

What is sex or gender discrimination?
In general, there are certain types of people or people with certain characteristics who are protected by the law when it comes to discrimination in the workplace. There are state and federal laws in employment law that prohibits discrimination against particular individuals or particular characteristics of an individual such as age, race, religion, creed, sexual orientation, marital status, veteran status, military status, pregnancy, sex, and gender. Depending on the circumstances, an employee or applicant may be a victim of gender or sex discrimination in the workplace. Although gender and sex are terms that are used interchangeably, they are different and these differences can be demonstrated when it comes to identifying how an employee or applicant was discriminated against in the workplace. A Discrimination Lawyer is the type of lawyer an employee or applicant should contact on matters regarding sex or gender discrimination.
The basics
Although an individual's sex or gender seem to be simple concepts, there is a difference between the two and it is important to understand those differences especially when it comes to discrimination.
What does a person's "sex" mean? The sex of an individual pertains to their biology. This means sex is the biological differences in males and females such as hormones and genitalia. On the more scientific side, females have two X chromosomes while males have an X and a Y. This is not a subtle difference because the Y in the male chromosomes is what causes an embryo to develop testes. In some cases, however, some males can have 2-3 Xs while some women can have a Y.
What is the difference between sex and gender?
An individual's gender is less scientific and based more on a society and its social and cultural norms. The gender of an individual is based more on what a particular society believes to be feminine and masculine and how that society perceives what is male and what is female. More specifically, gender is what a society has built to believe what roles a male has and what roles a female has in their society. This is why it is known that gender is usually described as a result of social constructs. Gender is based more on an individual's appearance rather than what sex the individual was assigned to when they were born.
The basics of the differences between sex and gender is important to understand in order to know if and when an individual was discriminated against in the workplace. For further guidance on this area of law, contact a Discrimination Lawyer who has handled and been successful in discrimination cases.
What does it mean to be a victim of discrimination?
As mentioned previously, there are certain classes of people and characteristics protected by the law. When it comes to gender or sex specifically, an employee may be protected under the law from discrimination. Although an employee is "protected" this merely means that the law prohibits these employees or applicants from being discriminated against and provides rights for those employees or applicants to have the right to sue an employer if they are discriminated against. The laws do not guarantee prevention of discrimination from actually occurring. With this in mind, an employee or applicant should know how and in what ways they may become a victim of gender or sex discrimination.
Discrimination can be exercised in many ways. An employee or applicant who is being discriminated against may experience treatment from a manager or employer that is negative and different compared to the way other employees or applicants are treated. The negative treatment would be considered illegal and discriminatory if it targeted the individual based on a class or characteristic the law recognizes as protected. Treatment that is identified as discriminatory would be if the employee or applicant was called names, teased, singled out, or called inappropriate nicknames. Even if a supervisor or other employees claim the teasing was not ill-intended, it is still considered discriminatory when it is based on the individual belonging to a protected class or possessing a protected characteristic. Other treatment that is considered discriminatory would be if the employee was denied employee benefits, was passed up for any promotion opportunities, was denied training that would lead to a promotion or even a demotion. Some employees may even be subjected to reduced pay or reduced hours.
If an employee or applicant was being discriminated against based on their sex, the employee would be singled out because of their sex. For example, George may apply for a job and during the interview, the employer may tell George that the company does not favor male applicants because they prefer female applicants. Another example would be if Tara was picked on at work by her boss and was constantly subjected to his sexist jokes about women, and he also only picked on the other female employees but not the male employees. Those two examples may give rise to a sex discrimination claim because it involves an applicant and an employee being treated adversely based on their sex.
An employee who is suffering from gender discrimination may be subjected to adverse treatment based on their gender. More specifically, an employee may be teased or ostracized because they do not fit within the gender roles that their employer or coworkers follow. For example, Greg, a male nurse, may be picked on and teased by his female supervisor because he is not "masculine" enough to be a doctor. Here, Greg is being singled out based on his gender and therefore may have a claim against his employer for gender discrimination.

If an employee or applicant feels that he or she has become a victim of gender or sex discrimination, he or she should call a Discrimination Lawyer to discuss the details of their case. Whether it is a current employee being teased by their coworkers or an applicant who was recently denied employment based on their perceived gender, the employee or applicant should speak with a Discrimination Lawyer to receive further information on whether he or she has a case against an employer or organization for discrimination.
بازدید: 60
+ نوشته شده در پنجشنبه 27 ارديبهشت 1397 ساعت 2:59 توسط Afshin Tehrani | ارسال نظر

Can My Company Limit Jobs to Individuals Under a Certain Age?

4 Reasons Why Age Discrimination Lawyers Are Necessary

Can My Company Limit Jobs to Individuals Under a Certain Age?
Certain characteristics and classes are considered as protected under employment laws. These classes and characteristics cover an employee's race, religion, age, gender, sex, sexual orientation, military or veteran status, and/or marital status. Out of the protected classes, age remains a class that is discriminated against. An employee's value should be determined based on their skills and not their age. Just like younger employees, older employees should also be given the opportunity to learn and grow at their place of employment. Although older employees and applicants have the potential to offer just as much if not more than a younger employee, older employees or applicants remain a common target for discrimination. Employees who are age 40 and older should be informed of the laws that protect them if they feel they are being mistreated just because of their age. A Discrimination Lawyer is the type of attorney an employee or applicant should contact if he or she has become a victim of age discrimination in the workplace.

Is it legal for my boss to pick on me because of my age?
No, in most circumstances it is not legal for an employer to mistreat an employee based on the fact that the employee is 40 years of age or older. Age is considered a protected class meaning that an employee who is the age of 40 and older falls under the protection of the law. The law protects employees of this age and older from discrimination in the workplace or if he or she is applying for a position.
Keep in mind that just because an employee falls within the protected age range, does not automatically confer protection to that employee. An employee who is within the protected age range is only protected from adverse treatment because he or she is 40 or older. For instance, an employee who is consistently late and does not finish their work on time is often scolded by their employer, which ultimately leads to the employee's termination. Even though the employee is over the age of 40, they may have difficulty proving that they were scolded and fired because of their age, as it seems they were targeted solely for their poor worth ethic.
An employee or applicant would need to discuss what happened to them with a Discrimination Lawyer if he or she wanted to know if they were singled out specifically because of their age.

How do you know you are a victim of age discrimination?
Age discrimination can be identified through comments related to an employee or applicants age. For example, a manager may choose to make negative comments towards an employee based on their age such as "hey old timer, isn't it time for you to retire", "age does make a difference", or "the younger employees are better at your job". These types of comments, even if some are meant to be jokes, may be characterized as discriminatory.
An employee may be singled out based on their age if he or she is passed up for employment opportunities that he or she is qualified for yet the opportunity is given to employees under the age of 40. An employee over the age of 40 may also experience reduced hours, reduced pay, or even termination.
Another form of discrimination is demonstrated through visuals such as cartoons, emails, text messages, or articles that may contain a negative message pertaining to an employee's age. For example, an employee who recently turned 50 may be subjected to other employees sending emails containing cartoons about old people.

Can a company limit jobs to individuals under a certain age?
As mentioned previously, an employee who is deprived of employee benefits or opportunities based on their age is a form of discrimination. So an employer is technically not permitted to limit jobs to individuals under a certain age.
For example, an employer cannot say to an employee or applicant "I only want someone under 30 for this job". In this example, the employer's comment and hiring practice may be considered discriminatory against age. A Discrimination Lawyer is the best person to ask whether or not a particular set of facts may be considered as age discrimination. Contact a Discrimination Lawyer who offers free consultations so you can ask without paying any up-front costs.
Making a complaint
Employers and organizations are required by law to inform their employees of the laws that prohibit discrimination and harassment in the workplace. The law requires that these employers facilitate an anti-harassment policy that contains procedures and a complaint process.
Typically, a complaint procedure will require an employee who is making a complaint about being harassed based on age by another employee, to put the complaint in writing. However, even if the company's policy explicitly states that the employee's complaint needs to be in writing, this does not reflect what the law says is required. Putting a complaint in writing is more efficient, but the law says that written complaints and/or verbal complaints to a supervisor or manager will suffice. This manager does not even have to be the designated manager of the particular employee who is making the complaint, a manager or supervisor at the company is enough. If an employee feels uneasy about making a complaint, some companies have a hotline available to employees who need to report any kind of unlawful behavior including discrimination.
It is a good idea to keep a copy of any written complaint you might make as an employee and/or keep a record of any verbal complaint made regarding age discrimination.
In conclusion, an employee or applicant 40 or older should not have to endure being treated adversely because of their age. Age discrimination is considered as unlawful behavior and the law prohibits its practice within the workplace. If you are an employee or applicant who feels as though you were singled out because of your age and you are 40 or older, you should contact a Discrimination Lawyer to discuss whether you have a claim against your employer.

بازدید: 58
+ نوشته شده در پنجشنبه 27 ارديبهشت 1397 ساعت 3:00 توسط Afshin Tehrani | ارسال نظر

How Does an employee Know if They are Being Discriminated Against in the Workplace Based on Their Di


How The American Disability Act (ADA) has protected the disabled workers
How Does an employee Know if They are Being Discriminated Against in the Workplace Based on Their Disability?
Employees with particular disabilities are considered to be part of a protected class by the law. The State of California provides security and rights for American's with disabilities who wish to enter the workforce. These rights are meant to encourage employees with disabilities to participate in society and offer the same opportunities as those who do not have a recognized disability. The law recognizes certain mental disabilities, psychological disorders, intellectual disabilities, organic brain syndrome, and/or emotional or mental illness. Also, certain physical disabilities are recognized as well, such as a physiological disease, disorder, condition, cosmetic disfigurement, or any loss of control of the body.
How do you know its disability discrimination?
The Fair Employment and Housing Act prohibit behavior in the workplace that singles out employees based on their disability by way of hiring practices, promotion selection, and the way in which employee benefits are distributed. Discrimination comes in all shapes and sizes but they all cause damage to an individual with a disability, emotionally as well as to their career. In its most obvious form, discrimination can be inflicted upon an employee through verbal and written comments. These comments often speculate on the employee's capability to carry out their duties as an employee. For example, an employee who was injured in a car accident lost one of his arms. This employee is often verbally abused and humiliated in front of his co-workers by his manager. Often his manager would make comments and make jokes towards him such as "Gosh you're slow, this is really a two-arm job" and "Hey, too bad you can't shop at the secondhand store". In an email, his manager told him he was slow and his disability was a burden on the department. This employee was the only person at the company who was picked on and treated in this manner by the manager. Here, this example shows discrimination in the verbal form as well as the written form. In both forms, the manager singled out the employee from the rest of his coworkers specifically because of his disability which may give rise to a disability discrimination claim.
Again, discrimination can also come in the form of demotion, passing up an employee for promotion, singling the employee out, name calling refusal to provide reasonable accommodation, depriving the individual of employee benefits, cutting hours, reducing pay, or even wrongfully terminating the employee. Although this list covers the most common forms of discrimination, it is not an exhaustive list. A Disability Attorney is a lawyer who specializes specifically in employment law matters and is able to identify certain actions and behaviors as discriminatory that may extend beyond the actions mentioned.
It doesn't just come from upper management
Generally it might be presumed that it is the employer or someone in upper management who would exercise discriminatory behavior towards an employee with a disability, however, that is not always the case. Many employees with disabilities endure adverse treatment based on their disability by fellow co-workers. For example, an employee may have certain adjustments made to their schedule or use a special chair at their desk to accommodate their disability needs. Other employees may make comments such as "oh here comes John, he always gets special treatment just because he has a bum leg" or "Disabled people get it so easy, they are just lazy and want a free ride in life". These types of comments are of course hurtful but they also are downright discriminatory. Commenting on an employee's disability, especially in a derogatory manner can be characterized as harassment and unlawful.
You're afraid you'll lose your job if you complain
If an employee is harassed at work based on their disability, he or she should report the incident(s) immediately and the employee is entitled to do so without repercussions for complaining. This means that if an employee is being treated adversely because of their disability, whether it is by another coworker or a supervisor, it is against the law for an employer to fire the employee specifically for making that complaint. This is called retaliation. An employee who is being retaliated against after making a complaint regarding unlawful conduct, the employee may endure a demotion, bogus reprimands, or even being suspended from work. These are forms of punishment that an employer may inflict upon an employee for complaining and may give rise to a retaliation claim.
Even if an employer has fulfilled their obligation in making reasonable adjustments to accommodate the employee's disability, the employer is also responsible for taking steps to protect the employee from harassment. Once an employee makes a complaint about being harassed by other employees based on their disability, the employer needs to take steps to address the issue such as conducting an investigation, separating the individuals, enforcing or enacting work policies that aid in maintaining a harassment-free environment, and other preventative measures that actually hinder the problem from reoccurring,
Every case is different
So, how does an employee know if they are being discriminated against in the workplace based on their disability? Every case is different and there is no hard and fast rule that can determine automatically if an employee was discriminated against or not. That is why each case is decided based on collecting all the surrounding circumstances before coming to a conclusion.
Disability discrimination in the workplace is considered as unlawful behavior and prohibited by the employment laws in California. Although employees with a disability have rights in the workplace, those rights can still be violated. It is up to the employee to make complaints, keep a personal record of all incidences, and to seek legal counsel if their employer or Human Resources Department is not addressing the issue. If an employee is treated negatively based on their disability, this can be disruptive to the particular employee and may cause the employee to experience stress. An employee with a disability may have the right to refuse to withstand such conditions at work. Contact a Disability Discrimination Attorney today to discuss your rights as an employee with a disability.
بازدید: 51
+ نوشته شده در پنجشنبه 27 ارديبهشت 1397 ساعت 3:00 توسط Afshin Tehrani | ارسال نظر

Who is considered an immediate

7 Things You Didn’t Know About Medical Leave of Absence From Work

Who is considered an immediate "family member" for purposes of taking FMLA leave?
As if working hard for that promotion or striving for better shifts wasn't hard enough, what happens when the unexpected throws you off course? Becoming extremely ill, being injured in an accident, being called to duty overseas, or needing to care for a sick loved one, these are all situations that have the potential to pop up unexpectedly in an employee's career. Also, some employees join the workforce with a disability and may need time off sporadically to maintain their health. Generally, these occurrences are out of the employee's control but does this mean that their career is over? Is an employer allowed to dismiss an employee who needs time away from work when the unexpected strikes? Does an employee have any rights when it comes to needing time off from work?
A Leave of Absence Lawyer is the type of legal professional who specializes in answering the type of questions that arise when an employee needs to take a leave of absence, has already taken the leave, or is currently on leave. There are federal and state statutes that regulate employee leaves, therefore taking leave can be complex for the employee as well as the employer in understanding what is permitted and prohibited by law. Unfortunately, employers sometimes violate the rights that are given to employees by one of these federal or state statues by demoting the employee, removing the employee from the work schedule, or even firing the employee. This can be frustrating for an employee and can also be detrimental to their career and financial situation. If an employee does find themselves in a situation where they have been treated adversely by their employer because they took a leave of absence, a Leave of Absence Lawyer may be able to represent the employee in legal proceedings.
What is FMLA leave?
In modern times, Congress took notice of the way in which family dynamics were evolving in that more adults who had families were entering the workforce. With this in mind, it was also noticeable how behind employers were as their policies remained rigid and lacked compassion for employees who may need to take a leave of absence. In order to remedy this imbalance, the FMLA was enacted. FMLA stands for Family and Medical Leave Act and is a federal act.
The Family and Medical Leave Act was created to encourage adults to feel confident in their pursuit to maintain a job while meeting the needs of family life simultaneously. The FMLA provides rights and the parameters of those rights such as the amount of leave an employee may take, what situations call for a leave, information on military leave, medical leave requirements, information on paid and unpaid leave, information on re-entry, and how employee rights are enforced.
Keep in mind that in California, the California Family Rights Act (CFRA) is the state law that regulates leaves for employees.
Who is entitled to a leave of absence?
Being an employee is a start for whether or not an individual is eligible for FMLA leave, but there are additional requirements. The employee must have had their job at the company for no less than12 months from the date of when the leave of absence began. In addition to the 12-month minimum employment, the employee must also have logged a minimum of 1250 hours of work during those 12 months prior to the leave of absence being taken. Lastly, in addition to this two requirements, the employee must prove that they meet what is known as the 50/75 standard. This means that the employee must show that there was a minimum of 50 employees within a 75-mile radius of the job site where the particular employee was working before they took their leave.
Each case is unique and requires a critical analysis of the facts, therefore it is beneficial to contact a Leave of Absence Lawyer who has experience in leave of absence cases. It is always best to obtain a free consultation rather than deciding on your own that you do or do not have a case.
Who is Considered an Immediate "family member"?
In taking a leave of absence to care for an ill family member, an employee must know that a protected leave does not cover all family members. A protected leave to care for a family member extends to a parent, child, or spouse. It does not extend to siblings. Also, in some cases, it may extend to an employee who is the legal guardian of the individual who is in need of their care.
What reasons are considered valid for taking a leave?
An employee's leave may be protected by the law if the employee suffers from a severe illness or health condition, or a spouse, parent, or child suffered from a severe illness or health condition. Another reason that provides a protected leave would be for the birth of a child and or to take care of the child after birth. Also, if an employee adopts a child or takes in a foster child, the initial placement of the child in that employee's care is protected if the employees need time off for this process.
If an employee's spouse is in the armed forces currently serving in operational work and an emergency arises out of being on active duty, an employee may have a protected leave. Lastly, an employee may take a protected leave to care for an injured member of the armed forces or veteran, or to care for them while they are in the process of rehabilitation.


As an employee in California, it is imperative to know your rights in the workplace. Taking a leave of absence can be disruptive but it should not cost an employee their job or career based simply on taking the leave. While FMLA remains in place to protect employees, employers today still attempt to violate these rights, therefore the need for Leave of Absence Lawyer remains. If you took a leave of absence and lost your job shortly after or perhaps you were fired upon submitting a request for a leave of absence, you may have a claim against your employer.
بازدید: 66
+ نوشته شده در پنجشنبه 27 ارديبهشت 1397 ساعت 3:00 توسط Afshin Tehrani | ارسال نظر

Can I Sue A Company For Wrongful Termination In California?

The Influence of Title VII on LGBTQ Workers


"We need to talk" is not just a terrifying phrase to hear from your significant other, it is also something you never want to hear from your boss. No good can come from the phrase and if it is said to you at work, it most likely means trouble lies ahead, such as losing your job. Hopefully, you never have to hear those four haunting words at work but if you do and you are fired, is that legal? Do you even have the right legally to fight the decision in court? What if your boss just did not like you and fired you? Can your boss fire you without giving you a reason? How do you know if what your boss did was even allowed according to the law? All of these questions are totally valid and should be asked! This was your job, your livelihood, your means of providing for yourself and perhaps others, and this could also negatively impact your career, so you need to ask these questions, but who do you ask? Is it worth pursuing in court? An Employment Attorney is the type of legal professional who would be able to provide the most educated opinion on these common questions regarding your termination. When and if you do need these questions answered, keep the following information in mind.

Throughout America, every state varies on their laws, especially the laws that regulate employment. As an employee or applicant, it is important to know the laws that your state in particular enforces. This is because a situation may arise at work where you might have been treated adversely and depending on the state, you could potentially recover.

In California, employees are called "at-will" employees. What in the world does that even mean though? "At-will" means that if you are an employee in the State of California, your boss or employer can decide at their own will to boot you out of your job for any reason or even for no reason at all. So your boss could basically walk into your office today and say "Hey, I've decided you just absolutely repulse me and the sight of your face makes me want to gouge my eyes out. You're fired!", and it could technically be legal. It is not likely that someone would actually be so blunt and fire you for repulsing them, but technically there are no laws that prohibit the action or behavior unless it is motivated by a protected class or activity. Some may argue that the flip-side to at-will employment for the employee is that unlike other states, the employee is not required to give a two-week notice of resignation. The employee can quit without notice, for any reason or no reason at all and not be sued by the employer.

At first glance, it seems pretty crappy to be an employee in California but that's not the whole story. As an at-will employee can you really be fired for any reason? Like every good lawyer will tell you, the answer is: "well it depends". The circumstances that surrounded the termination are essential and may lead to the exception to at-will employment. Although an at-will employee can be fired for any reason or no reason at all, they cannot be fired for an illegal reason. This means an employer cannot fire an employee based on belonging to a protected class such as race, age, religion, gender, sexual orientation, disability, medical condition, military status, marital status and so forth. Another reason that may be considered as illegal would be retaliation for making a complaint regarding unlawful issues at work. Depending on the facts of the situation, even being fired for refusing to consent to a lie detector test could be considered as wrongful termination. One other example of being fired for an illegal reason would be in retaliation for filing a complaint, testifying in legal proceedings, or even for reporting abuse. There are many ways in which an employee could be fired for an illegal reason that you may have had no idea existed.

What is considered an "illegal reason" can be very complex so it is essential to provide to an Employment Attorney all of the facts that lead up to your termination and even any details you can provide for what happened after. Important details may include but are not limited to who your employer replaced you with, whether you made any complaints verbally or in writing about adverse treatment, for how long you were employed for, and perhaps were any comments made to you leading up to your termination.

For example, let's take the previous example from the rather blunt boss who fires you because he basically just hates the sight of you. If prior to this happening your boss asked you out on a date and you turned him down, his actions in terminating you may have been illegal. This is where the circumstances are key. This might be considered wrongful termination because you were fired for an illegal reason which in this case could be quid pro quo sexual harassment and/ or retaliation. Another example would be if you are Hispanic and your boss did the same thing to several other Hispanic employees, and in fact, only fired Hispanic employees and only hired non-Hispanic employees. Again these surrounding circumstances may constitute a wrongful termination, which in this case may be a race discrimination claim.

So can you sue a company for wrongful termination in California? Taking all the information provided above, the answer remains "well it depends", which is better than "no". Every case is different and requires careful consideration from an Employment Attorney. An Employment Attorney has the specific expertise in the complex and forever evolving employment laws in California. The good news is that if you are told "we need to talk" to your boss, you do have certain rights and they can be enforced or you may recover if those rights were violated. If you do decide to call an Employment Lawyer regarding a potential wrongful termination claim, be sure to contact a law firm that offers free consultations like Stevens & McMillan.
بازدید: 46
+ نوشته شده در پنجشنبه 27 ارديبهشت 1397 ساعت 3:00 توسط Afshin Tehrani | ارسال نظر