If you are terminated for an unlawful reason, you may be entitled to recover damages. Damages may include lost wages, future wage loss, emotional distress damages, and punitive damages. Certain wrongful termination cases result in damages based on the terminated employees lost wages and other expenses, while some other cases also result in statutory penalties for violations of public policy. Additionally, some cases may require the employer to pay punitive damages to the employee if the employer’s action were intentional or if the employer acted maliciously. In sum, the law recognizes both “economic” and “noneconomic” damages.
The employee bears the burden of proving that he or she was wrongfully terminated. Types of evidence that an employee can use to prove his or her case include computer-generated evidence, documents, oral testimony: statements made by supervisors, co-workers, or even the employee, etc. Evidence comes in many forms; an employee’s testimony alone could prove his or her case.
EXAMPLES OF WRONGFUL TERMINATION
Wrongful termination occurs when an employer fires an employee for objecting to workplace harassment or discrimination. Further, an employer cannot fire an employee because of an animus towards their race, religion, national origin, disability, or gender. This means that an employee cannot be fired because their supervisor or manager has a bias against their race, religion, national origin, disability, or gender.
Further, it is also unlawful for an employer to retaliate against an employee by ending their employment after the employee engaged in various protected activities. California and federal laws also prohibit employers from firing an employee who requested an accommodation, on in refusal to provide an accommodation. Other unlawful reasons to fire, include but are not limited to, termination of an employee who took time off for jury duty, an employee who provided testimony against the employer pursuant to a subpoena, an employee taking time off work to seek judicial relief for domestic violence issues, an employee who makes a complaint about unsafe working conditions or practices, and an employee disclosing the amount of their wages to others.
Another form of wrongful termination is called a “constructive wrongful termination.” This occurs when the employee quits because the conditions are so intolerable that left they have been left with no option other than to quit. The law states that if conditions or treatment are so severe that a reasonable person could not consider continuing to work in the environment any further, then a person may quit. If an employee has complained of the intolerable environment and nothing changes, or it gets even worse, an employee may quit and seek damages such as compensation for their lost wages.
WRONGFUL TERMINATION ATTORNEYS
Tumber Law Firm is based in San Francisco, California. Our attorneys represent clients in San Francisco, San Mateo, Santa Clara, Monterey, Alameda, Contra Costa, Sacramento, Solano, Marin, and Sonoma Counties. Tumber Law Firm protects clients from retaliation, discrimination, and harassment involving dismissal, demotion, or denial of accommodation based on age, race, sex, religion, color, sexual orientation, marital status, association, physical or mental disability, or other legally protected classifications. Additionally we represent employees if they have not been paid the proper wages including overtime or minimum wage, or those not given the proper meal and rest breaks. If you believe that your rights have been violated, CONTACT US to setup your free consultation to discuss this matter. We take cases on a contingency basis and collect no attorney fees unless we win your case.