Oakland, CA Attorney Fights Wrongful Termination
Compassionate and capable assistance for workers throughout the Bay Area
If you have been fired unfairly, or believe you are about to be fired unfairly, you should think about talking with an experienced employment lawyer to find out about your rights. Being wrongfully discharged from your job can be one of the toughest things that you will ever experience. If you cannot find another job, and one that pays about the same, things will get even worse. I’ve represented unfairly fired employees for over 30 years. I understand.
The law of wrongful termination in California
Most employer-employee relationships are at-will, which means either side can end the relationship without having to state a cause. The exception is when the employer fires a worker for an unlawful reason. The unlawful reason could be:
- Discriminatory firing — If the decision to fire an employee is based on the worker’s identification with a protected class (age, race, sex, etc.), the firing is illegal.
- Retaliatory firing — If the decision to fire a worker is a response to the worker exercising a legally protected right or questioning or opposing unlawful conduct, the firing is illegal.
A firing may also be illegal even if a specific law against it does not exist, if the reason for the firing would violate public policy.
How to know if you have a case for wrongful termination
One sign you may have a strong legal claim for wrongful discharge is if one or more of the following things is true:
- You are discharged after many years of documented good performance.
- You are discharged after objecting to something, or for not doing something, that you think might be against the law.
- You believe you were discharged because of your age, sex, race, disability, medical condition, religion, sexual orientation, marital status or other protected characteristic.
- Your discharge is used to interfere with your being paid large amounts of commissions, stock or stock options, or other payyou earned.
- You are not able to find new work paying close to the same amount because you are older, or had a specialized or highly-paid job, or because of your discharge or its impact on you.
I fight hard for people who have been fired unfairly, and I’ve been doing that for over 30 years.