In California, employers have the right to terminate employees based on business needs, but they do not have the right to violate a worker’s civil rights. Suppose you were terminated and believe it was due to discrimination, filing a disability or injury claim, reporting a safety violation to OSHA, or blowing the whistle on your employer’s illegal activities. In that case, you might have a wrongful termination claim.
At the Law Offices of Eric A. Boyajian, in Glendale, California, our attorneys aggressively fight on behalf of workers who lost their jobs when their employer retaliated or discriminated against them.
Age Fired because of your age
You have turned 40 years old and your employer feels they want a “younger face” representing the face of the business to customers.
Disability Fired because of a physical disability, mental disability, or medical condition
You have a disability/medical condition that requires reasonable accommodation to do your job, but your employer refuses.
Sexual Orientation Fired because of sexual orientation
You came out openly as a member of the LGBTQ community.
Race/Color Fired because of your race/color
Your employer is prejudiced against members of your race and has thus fired you.
Religion Fired because of your religion
Your employer terminated your employment because you practice a different religion than they do or they generally disagree with/oppose your religious beliefs.
Ancestry Fired because of your ancestry
You were fired when your employer learned you have ancestry they are prejudiced against.
National Origin Fired because of your national origin
You were fired because you were born and/or raised in a certain country.
Gender Identity Fired because of your gender identity/expression:
You identify as a gender or express your identity as a gender that may not be the same as the biological sex you were assigned at birth, and your employer thus fires you in a discriminatory manner.
Biological Sex Fired because of your biological sex
You might also be improperly fired for your biological sex, which is different from your gender.
Genetic Information Fired because of genetic information
You were fired due to the result of genetic tests, results of a family member’s genetic tests, and other such genetic information.
Marital Status Fired because of your marital status
You lost a job because you got married or your marriage ended.
Military Status Fired because of veteran or military status
Some employers will fire workers due to their association or lack of association with the armed forces.
Workplace Injury Fired after reporting a workplace injury
You filed for disability or workers’ compensation and your employer fired you in retaliation.
Whistleblower Fired for being a whistleblower
Your employer learned that you reported illegal activity, or you refused to do what your employer asked you to do because you thought it was illegal.
Association Fired for association
You were fired not necessarily because you fall into one of these protected categories, but because you are friends with, married to, or otherwise associate with someone who falls into one of these categories.
It is also worth noting that you do not need to belong to a protected category/class to justify taking legal action against an employer who may have fired you because they mistakenly believed you were a member of a certain category or group. For example, perhaps your attire or other such factors give your employer reason to suspect you practice a religion that you don’t actually practice. If your employer fires you accordingly, you likely have a case.
Employers know they can face consequences if they terminate an employee for illegal reasons.
Thus, unless an employer is very unintelligent or imprudent, it is highly unlikely they will admit
that they are firing an employee for their age, disability, sexual orientation, or other such factors.
It is more common for employers to cite other reasons when justifying an employee’s
termination. To show that you were wrongfully terminated, you will have to prove or provide
sufficient evidence indicating that the reason your employer has given for firing you is not an
accurate reflection of their true reason for doing so.
This can be very difficult to do on your own. To optimize your chances of presenting a strong
argument when filing a claim or lawsuit against an employer who you believe wrongfully
terminated you, it is very helpful to coordinate with a legal professional who can assist you in
these matters.
The specific ways in which a California wrongful termination attorney will go about showing that
you were illegally fired can vary depending on the circumstances. Generally, though, a lawyer
can help in the following critical ways:
Again, an employer will usually give a supposedly valid justification for terminating an employee, even if their actual reasons for firing a worker are different from their stated reasons. Employers in these circumstances often simply state that they are firing employees for poor performance.
It can be very insulting and frustrating to lose your job due to alleged poor performance when you know you have consistently performed reliably in your role at a company. Luckily, it may be possible to gather documentation indicating that claims about your inadequate job performance are at odds with previous evaluations of said performance.
For example, if necessary, your wrongful termination attorney could help you gather performance reviews, emails, and other forms of documentation indicating that your supervisor has historically been pleased with the work you’ve done.
Depending on the reasons an employer gives for terminating you, it may be helpful to get statements from coworkers, clients, and other such individuals that help you dispute your former employer’s claims.
For instance, perhaps an employer justifies firing you by stating that you have harassed your coworkers. Proving that your former employer is lying in this scenario may be much easier than it would otherwise be if you can get statements from coworkers and supervisors indicating you have never committed harassment.
That’s just one example. The main point to keep in mind is that a wrongful termination attorney in California can help you coordinate with others whose testimony and statements may strengthen your case.
Qualified wrongful termination attorneys possess various skills that help them provide their clients with the representation they deserve when they have been fired illegally. One common skill among experienced wrongful termination employees involves knowing how to carefully review all details of a company’s policies to identify ways in which an employee’s termination may represent a violation of said policies.
If you think you have encountered any illegal activity in the workplace, call the Law Offices of Eric A. Boyajian to discuss your circumstances. From offices in Glendale, we represent clients throughout California. Call us at 818-839-5969 or contact us by sending us a message through our contact form here.