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The state of California allows employers to fire employees without cause or prior notice. However, state and federal employment laws make it illegal to fire someone for any of the following reasons:
- Discrimination: Employers cannot terminate employees based on discrimination over race, gender, age, religion, disability, or other protected characteristics.
- Retaliation: Employers cannot fire a worker out of retaliation for legally protected actions, such as reporting illegal activities or safety violations or taking family leave.
- Violation of Public Policy: Employers cannot fire employees for reasons that violate public policy, such as refusing to engage in illegal activities, or reporting wrongdoing.
- Breach of Contract: If a worker had an employment contract that stipulated conditions for termination and those conditions were not met, the termination could be considered wrongful.
A qualified San Bernardino wrongful termination lawyer can fight for an employee’s rights and win back wages and meaningful compensation when their employer breaks the law. Lawyers for Justice, P.C. (LFJ) is a top-rated employment law firm that fights for workers’ rights and holds employers accountable to the law.
At Lawyers for Justice, P.C., skilled employment attorneys help workers stand up for their rights. For a free consultation with a San Bernardino wrongful termination lawyer regarding a claim, 24/7, please call (818) JUSTICE or fill out this online contact form.
What to Do If You’ve Been Wrongfully Terminated in San Bernardino
Any San Bernardino worker who believes they have been wrongfully terminated should contact a wrongful discharge attorney to secure back pay and compensation. Further, taking the proper steps can significantly impact the outcome of the case. Here are the key actions to take:
Document Everything
Keep detailed records of incidents, communications, and relevant documents supporting the claim. These records include emails, performance reviews, written warnings, and termination letters.
Sign Nothing
Some employers pressure workers into signing a waiver or severance agreement to prevent them from taking legal action. Workers should protect their legal rights and never sign anything without consulting a San Bernardino wrongful termination lawyer.
Request a Written Explanation
Ask the employer for a written explanation of the termination. The explanation can help clarify the reasons behind the dismissal and identify any inconsistencies or potential legal violations.
Take Immediate Action
There are critical deadlines and statutes of limitations regarding wrongful termination that strictly limit the time available to take legal action.
Consult a San Bernardino Wrongful Termination Lawyer
An experienced lawyer for wrongful termination in San Bernardino can protect the employee’s rights and fight for meaningful compensation. They can clarify the worker’s rights, evaluate the strength of the case, and guide the case through the legal process.
Your Legal Rights After Unfair Termination in San Bernardino
San Bernardino workers are protected by both California and federal employment law. A qualified San Bernardino wrongful termination lawyer can utilize these laws to protect employees’ rights and hold abusive employers accountable for their actions. Some of the pertinent laws include:
Fair Employment and Housing Act (FEHA): Prohibits discrimination, harassment, and retaliation based on characteristics like race, gender, religion, sexual orientation, age, disability, and more. It also protects employees who report such discrimination.
California Labor Code 1102.5: Protects employees who report illegal activities and retaliation from their employers.
Labor Code § 6310: Protects employees from termination if they report unsafe working conditions or other violations of occupational safety and health regulations.
Americans with Disabilities Act (ADA): Protects against disability discrimination.
California WARN Act: Requires employers to provide advance notice of mass layoffs or company closures. Failure to provide notice can be grounds for a wrongful termination claim.
California Family Rights Act (CFRA): Grants employees the right to take family and medical leave without the fear of losing their jobs.
Whistleblower Protection Act (Labor Code § 1102.5): Protects employees who report illegal activities or refuse to engage in them. Employers cannot retaliate against employees for reporting violations.
Title VII of the Civil Rights Act: Prohibits workplace discrimination based on race, color, religion, sex, and national origin.
A worker who believes their dismissal violates one or more of these laws should consult a wrongful termination attorney in San Bernardino.
Get Legal Support From a San Bernardino Wrongful Termination Attorney
While no one is legally required to hire a lawyer to file a wrongful termination claim, having a knowledgeable wrongful termination lawyer in San Bernardino can significantly increase the chances of success. An experienced attorney for employee termination can:
- Assess the case—provide a professional evaluation of the situation to determine if there is a valid claim;
- Gather evidence—help to collect and organize the necessary evidence to support the legal case;
- Navigate legal processes—guide the worker through the complex legal procedures and ensure all filings are timely and accurate; and
- Negotiate settlements—represent the dismissed worker in negotiations with their former employer or their legal team to seek a fair settlement.
LFJ’s San Bernardino wrongful termination attorneys protect employee rights and fight to secure meaningful compensation and back wages for their clients. Founded in 2008, Lawyers for Justice, P.C. has a proven track record for taking on massive corporations and small employers alike—and winning. The firm has recovered millions of dollars in damages for employees.
The LFJ San Bernardino wrongful termination lawyers provide a free consultation to discuss a claim. They’re available 24/7 and speak over eight languages, ensuring all concerns are addressed and questions answered.
To speak with a qualified lawyer for unfair termination, call (818) JUSTICE today or fill out this brief contact form. Virtual consultations are available.
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