San Francisco Wrongful Termination Attorney
The law protects employees from getting wrongfully terminated from their jobs. Whether your employer fired you for refusing to work unpaid overtime or for a discriminatory reason, you may have legal options available. If you think that you may have been fired illegally, a wrongful termination attorney can help you determine your next steps.
What Is Wrongful Termination?
While no one wants to be let go in any situation, in some cases, being fired is actually illegal. Wrongful termination happens when someone is fired for an illegal reason, like a contractual breach or for the employee reporting illegal employer actions like wage violations. Also, it is illegal to fire employees for reasons like whistleblowing or for filing a legal complaint against the business.
When someone is fired for reasons like these, it is considered retaliation and is against the law. If the employer broke a written or implied contract, they could also be in trouble for wrongful termination. However, some employees are considered at-will workers, which means that they can be fired without any reason or advance warning. Still, the employer could be in trouble for wrongful termination if the employer fired the at-will employee for a discriminatory reason.
Wrongful Termination Statistics
Unfortunately, wrongful termination happens all the time. According to the U.S. Equal Employment Opportunity Commission (EEOC), there were 91,503 charges of discrimination in the country in 2016. The EEOC also received over $482.1 million for employees who were discriminated against in their workplaces, and there were 39,757 claims of workplace retaliation. These statistics reveal the high likelihood that you or someone you know may have experienced wrongful termination.
Was I Wrongfully Terminated from My Job?
A wrongful termination attorney can help you figure out if you were fired from your job illegally. Since most employers use at-will employment, it can be difficult to determine if you were wrongfully terminated. Even if you are an at-will employee, there are still protected activities that you cannot be fired for. Additionally, employers cannot fire you on the basis of pregnancy, race, religion, gender, disability, or national origin.
If the employer has a written policy regarding terminations or disciplinary procedures, then they must follow that policy before firing you. Employers are also legally required to give you protected time off through laws such as the Family and Medical Leave Act, covering things like jury duty, military service, voting, recovering from an illness, and/or caring for a family member.
What Should I Do If I’m a Victim of Wrongful Termination?
When you are wrongfully terminated, it is important to stay calm and be proactive. If you notice potential signs of trouble at work, begin keeping any correspondence and notes about your work situation in case you need them later on. Make sure that you carefully document everything that happens so that you can build a case in the future. Even if something seems unimportant, write it down.
If you are fired, be prepared for a long, difficult process ahead of you. At this stage, hiring a wrongful termination lawyer is generally a good idea because you need all of your paperwork to file your case. It takes a large amount of legal research to understand state and federal laws about wrongful termination so it will benefit you to have a qualified attorney on your side.
Do I Need to Hire a Wrongful Termination Attorney?
Navigating the legal process is rarely easy. A wrongful termination lawyer spends years studying the law and learning how to achieve a successful outcome in the courtroom. While it is technically possible to file a wrongful termination case on your own, an attorney can help you navigate all of the paperwork and court procedures so that you can successfully resolve your case. Fill out our online form to start your free consultation today!
- This article should only be used for informational purposes. It does not constitute legal advice, and it does not create an attorney-client relationship with anyone. If you need legal advice, please consult an attorney in your community.
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A Review of Rizio Lipinsky
Wrongful Termination Attorney
I was scared and nervous about suing someone. However, Daren told me to trust him and leave the worrying to him. He promised to take care of me and to get me everything that I deserved. He honestly cared about me and my family. He worked very hard to get me the compensation that I deserved after the wrongs had been done to me. When I felt that I might be asking him stupid questions he said that "No question is stupid". I felt very comfortable talking to him and he was very good at listening. I am so grateful for his services , he changed my life for the better. Also, something very important to note: he went up against a huge company for me and they had a team of very experienced lawyers. Even so, he fought for me and got me so much more than I expected. Thank you Daren, from the bottom of my heart! God bless you!!!!!!!