San Juan Capistrano CA Wrongful Termination Lawyers
In San Juan Capistrano CA Wrongful Termination happens for reasons that are unfair, but not all unfair terminations result in a Wrongful Termination or an Unlawful Termination. Although you believe your termination is wrongful, it must also be unlawful for us to help. A termination is only unlawful if it violates the law.
Wrongful Termination California Law
In California most employees are at will employees. This means employers may fire their employees without legal repercussions. If you are an at will employee and you have received a termination letter or a notice of termination for an unfair or unexplained reason it may not have been a Wrongful Termination. Typically, Wrongful Termination is a violation of the Fair Employment and Housing Act (FEHA). You must show that an employer terminated someone:
- Based on a Protected Characteristic.
- In Retaliation for opposing Discrimination or Harassment.
- In Retaliation for engaging in a Protected Activity.
What are Protected Characteristics?
If your employer has terminated your employment because of a Protected Characteristic (or for having asserted a legal right) you fall under the first category. If your employer said or did something to make you believe that you were the victim of a Wrongful Termination because of: Pregnancy, Physical Disability, Medical Condition, Sexual Orientation, Race, National Origin, Marital Status, Religion, Ancestry, Gender, Age, or a Mental Disability. In fact, a Wrongful Termination claim may even exist if you are mistreated because you associated with a member of one of the above groups, and your employer did not like it.
What are Protected Activities?
Many people make complaints (when this is done it should be in writing) to stop the Discrimination. This sometimes angers employers who then label the person a “problem employee.” The employer then terminates or generates false reasons, or pretext, to terminate the employee for complaining. This is Retaliation for opposing Discrimination or Harassment. It is also against California law to terminate someone for doing something that the law protects like when a Whistleblower reports violations of the law, for refusing to do something illegal, or for doing something permitted under the California Labor Code, etc.
Due to the complex nature of these sorts of claims we encourage you to call us to determine whether a claim exists. We have years of experience in litigating Wrongful Termination claims that were in violation of public policy.
Economic and emotional damages usually occur when these laws are violated. If you believe you may have been the victim of Wrongful Termination it is important that you protect your case. In San Juan Capistrano CA Wrongful Termination because of Discrimination, Harassment or Retaliation can make you feel like you have no options. Get help instead. We know how to fight against Wrongful Termination. We won’t pressure you and we won’t tell your employer. Call Hogie & Campbell for a Free Consultation at (714) 508-6422.