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Four Reasons to Suspect a Wrongful Termination

Posted on in Employment

wrongful termination, San Jose employment law attorneys, wrongful termination grounds,  wrongful termination lawsuit, employment contracts, sexual harassmentWorkers in California are protected by both state and federal laws against wrongful termination and other types of discriminatory or unfair labor practices. When violations occur, employers can be held liable through a civil lawsuit. Damages may include reinstatement to your prior position, compensation for lost wages, and payment of fines, legal fees, and other costs.

If you have been recently fired, how do you know if the situation rises to the level where a lawsuit is in order? The following are four situations that can create liability and land employers in hot water.

Common Practices that Could Form the Grounds for Wrongful Termination 

California is what is known as an ‘at will’ employment state. In general, this gives employers plenty of freedom in how they choose to hire or fire employees. However, it does not give them free reign to engage in practices that are either discriminatory or in violation of stated policies and employment laws. According to Forbes, the following are four common practices which employers may engage in, which can end up forming the grounds for a wrongful termination lawsuit: 

  1. Not specifying why an employee is being terminated. While employers are not required to provide a reason for firing an employee in San Jose and throughout California, failing to do so opens the employer up to suspicion. If there is even the slightest chance that it was based on the employee’s age, gender, race, or religion or due to a disability you suffer, they could be liable in a lawsuit under the Equal Employment Opportunity Act. This also applies in cases where an employee faced sexual harassment on the job, or when they refused to engage in illegal or dangerous practices. 
  2. Terminating an employee after positive performance reviews. Most employers provide periodic reviews of their workers and their ability to perform tasks associated with their job, which can provide important evidence in wrongful termination cases. If you have received numerous positive reviews in the past or been steadily promoted, a sudden termination does not make sense and is likely to raise questions in the event a lawsuit is filed.
  3. Having bad timing. Employees have the right to speak out against unfair or unsafe conditions on the job and are protected under state and federal whistleblowers laws. Filing a complaint or lodging a grievance and then being fired a short time afterward could entitle you to damages in a claim.
  4. Violating policies and contracts. Employers are bound to follow policies they have laid out in their employee handbook and to honor employment contracts they enter into. If you are terminated, your attorney can review these documents for discrepancies.

Let Us Help You Today

If you are terminated from your job and have concerns about the reasons why, reach out and contact Jachimowicz Law Group right away. We can arrange a confidential consultation with our experienced San Jose employment law attorneys who can advise you on the best course of action in your case.

Sources:

https://www.forbes.com/sites/brentgleeson/2014/06/27/6-big-reasons-employees-sue-and-how-to-protect-yourself/#d104ca74857b  

https://www.eeoc.gov/eeoc/history/35th/thelaw/eeo_1972.html

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