Accomplished Claremont Lawyer Advocates for Victims of Wrongful Termination
EXPERIENCED ATTORNEY SEEKS JUSTICE FOR CLIENTS across Los Angeles, San Bernardino, Riverside, Orange, & Counties Throughout California
Losing a job can have devastating consequences for you and your family. When the firing violates the law or a contractual agreement, prompt legal action is necessary to obtain appropriate relief. At Law Offices of Scott Ernest Wheeler, I have obtained strong results for wrongful termination victims in the Claremont area and throughout Claremont and throughout Los Angeles County. I have extensive knowledge of the federal and California laws that govern relationships between workers and employers. If you've been dismissed from your job and suspect that something improper or illegal occurred, my firm offers the highest levels of legal representation and service in employment law cases.
If you believe you were terminated wrongfully, contact Law Office of Scott Ernest Wheeler online or call (800) 893-0584 to schedule a free initial consultation with a Claremont wrongful termination attorney.
What is Wrongful Termination in California?
If you were terminated from your workplace due to employment contract violations, for discriminatory reasons, or as a form of retaliation for exercising your legal employment rights, you may have been wrongfully terminated. Although California is an “at-will” state, there are illegal reasons for termination that an employer cannot take.
Can You Fire Someone For No Reason in California?
According to California firing laws, a majority of employment is “at-will”. This means that an employee may be fired at any time without notice for any reason or no reason at all.
There are some exceptions to at-will employment, which include situations where there is:
- An implied contract for employment -- a non-written agreement that is legally binding. Typically would have covered how long the job would last or that the employee would not be fired without good cause.
- An implied covenant of good faith & fair dealing -- may involve an actual or implied employment contract. You may have a case in situations where your employer acted in bad faith to stop you from enjoying work benefits you would have been entitled to under your employment agreement or if you were released and the employer violated its own personnel policies.
- A public policy -- if the termination violates a public policy or you were terminated because you refused to violate a law, you may have a case
- Fraud or misrepresentation -- if your employer made a specific promise to persuade you to take the job, but then violated the promise and terminated you, then you may have a wrongful termination case.
If you believe you were released from your job unfairly, speak with an experienced Claremont wrongful termination lawyer at Law Office of Scott Ernest Wheeler as soon as possible. During your free initial consultation, we can answer your questions and determine if you must file a wrongful termination claim in California.
For experienced advocacy in Los Angeles, Riverside, San Bernardino, Orange, and Counties across California, call (800) 893-0584 to schedule a case evaluation today.
What Qualifies As Wrongful Termination in California?
Below are the main grounds for wrongful termination claims in California:
- You were released from your position because you are part of a protected class, which includes:
- Age (if over 40)
- Being a victim of domestic violence
- Citizenship status
- Gender identity
- Genetic information
- Joining a labor union or participating union activities
- Medical condition
- Military or veteran status
- National origin
- Requesting lactation accommodations
- Sexual orientation
- You were retaliated against and let go for being a whistleblower. Employees are protected by California labor law (Labor Code 1102.5).
- You were released in violation of public policy. An example of this is when an employee refuses to perform a duty that helps the employer break a law.
- You were let go for filing a workers’ compensation claim.
- Your company had a layoff of 50 or more employees or the office closed or relocated and you were not provided timely notice. Employees are protected by the CA Worker Retraining and Notification (WARN) Act.
- You were fired for going on family medical leave. Workers are protected by the Family and Medical Leave Act (FMLA).
- You were unfairly terminated if you were let go for filing a claim regarding your wages. This includes claims for unpaid overtime pay, rest breaks, meal breaks, and even vacation pay.
How Long Do You Have to Sue for Wrongful Termination?
In California, the statute of limitations for wrongful termination claims varies depending on the specific nature of the case. Generally, the deadline to file a wrongful termination lawsuit in state court under California law is two years from the date of the termination. However, if the termination involved a breach of contract, you might have up to four years to file a claim. It's important to note that if your claim involves a violation of federal employment laws, you might have a shorter time frame to act. Typically, you would need to file a charge with the Equal Employment Opportunity Commission (EEOC) within 180 days from the act of discrimination or termination. However, this period can be extended to 300 days if a state or local agency enforces a law that prohibits employment discrimination on the same basis. Navigating these complex timelines can be daunting, which further underscores the need for an experienced wrongful termination attorney to ensure that your rights are fully preserved.
Knowledgeable Litigator Handles Discrimination and Contractual Claims
In many cases, employers seek to use at-will employment rules to protect themselves from legal liability. This doctrine allows a business to fire workers without providing any justification. However, certain types of dismissals are prohibited under law.
I represent California workers in wrongful termination cases involving:
- Discrimination — A firing cannot be based on an employee's membership in a legally protected group. I am a strong advocate in matters involving discriminatory firings that arise from a worker's age, sex, race, religion, ethnicity, disability or other characteristics outlined in federal statutes. I can also advise you of claims that might exist under state law.
- Retaliation — Employees should never be punished for reporting illegal conduct or dangerous conditions at their workplace. If you're a whistleblower who has been fired,
I will investigate if any connection exists between your report and your termination. I can uncover the true motivation for a dismissal even if your employer tries to invent another reason for your firing.
- Contractual violations — Whether an agreement covers an individual employee or a whole group of workers, companies must honor the provisions relating to termination. I will conduct a diligent review of the relevant contract and take action against your former employer if they failed to abide by the terms of the agreement when releasing you.
Whatever type of work you do, I will take the time to learn each relevant detail of your situation. From there, I will explain your options and seek fair compensation and other available relief before government boards such as the Equal Employment Opportunity Commission (EEOC) and in court.
Contact a Dedicated California Employment Lawyer For Help With Wrongful Termination
If you facing wrongful termination in California, don't navigate the legal challenges alone. Contact Scott Ernest Wheeler for a consultation. As a trusted wrongful termination attorney in San Bernardino, Riverside, and Orange County, he is committed to protecting your rights, seeking justice, and pursuing fair compensation for any damages you may have suffered due to unlawful employment practices.
Trust Scott Ernest Wheeler to be your dedicated advocate, providing the legal support you need during challenging times. Your employment rights matter, and Scott is here to ensure they are upheld.
For assistance with a wrongful termination issue, call Law Offices of Scott Ernest Wheeler at (800) 893-0584 or contact me online to schedule a consultation at my Claremont office. Our wrongful termination attorney service clients across Los Angeles, San Bernardino, Riverside, Orange, & Counties Throughout California.
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