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From losing your income to having a difficult time finding a new job, being wrongfully terminated can impact your life in more ways than one. While California is an “at-will” employment state, this doesn’t give employers the right to fire their workers based on unjust factors. Wrongful termination affects countless employees across California every year and should not be tolerated in any capacity.
At Nosratilaw, A Professional Law Corporation, we believe that there is no room for prejudicial or combative behavior in the workplace. If you believe you were fired for an illegal reason, talk to our Lancaster firm to learn how you can take action.
Nosratilaw, A Professional Law Corporation, is a southern California firm founded on the principle that all employees deserve respect. No matter where you’re from, what job you have, or how your employment claim came to be, our team is prepared to handle your case with compassion and do what we can to help you succeed. With a devotion to defending the rights of hardworking employees, we have seen first-hand how wrongful terminations can affect individuals and their day-to-day lives. Reach out to Nosratilaw, A Professional Law Corporation, if you or someone you love has been a victim of wrongful termination here in Lancaster, CA.
Luckily for California employees, the state has some of the most meticulous labor laws in the country. These employment laws give both exempt and nonexempt workers a variety of rights, helping to keep them safe from harmful behaviors and practices. In California, all employees are protected from wrongful termination. Wrongful termination is defined as an employer terminating their employee based on illegal or unfair reasoning.
In most cases of wrongful termination, an employer fires someone unlawfully based on one of their protected characteristics. For example, if your employer fired you after finding out that you were born in a foreign country, this is wrongful termination and discrimination. Wrongful termination is a blatant violation of an employee’s rights, which is why you can file a claim with a Lancaster wrongful termination lawyer to recover compensation or damages when it occurs.
Both California employment laws and federal labor laws outline specific characteristics that are protected in the workplace. This means an employer cannot use these traits against an employee or take adverse action against them for holding a certain trait. By combining the rights given through state and federal employment laws, all of the following employee characteristics are protected:
Because California is an at-will employment state, it can be challenging to determine whether you were fired wrongfully. Understanding what wrongful termination can look like and when your boss is violating your rights is essential so that you can protect yourself. The following are just a few examples of wrongful termination:
According to state labor laws, your Lancaster employer cannot fire you as a form of retaliation. This means that they cannot fire you simply because they’re mad at you for something. Many cases of wrongful termination in California occur because an employer fired their employee for reporting some type of incident. Whether they reported sexual harassment, discrimination, or a wage violation, employers commonly let go of employees they see as “problematic.” However, this is clearly a violation of your protections, and you should not be afraid to hold them accountable.
Another common element of wrongful termination involves discriminatory or prejudiced behavior. It is against the law for any California employer to fire a worker because they have a protected characteristic. Examples of this can look like your boss firing you after you tell them you’re pregnant, you were let go because you turned 50, or you were fired because you have a disability that they don’t want to accommodate.
Workers should not be punished for requesting time off as needed. Unfortunately, many employers become frustrated with employees who have to take long periods of time off, despite their reasoning for the break. If you request FMLA or CFRA and are fired soon after, this is technically retaliation and wrongful termination. All employees have the right to request state-approved leave when they meet the requirements and cannot be mistreated because of it.
Trying to navigate a wrongful termination claim in Lancaster without adequate legal help can feel impossible. Luckily, our team is ready to offer accessible, high-quality services for mistreated employees at any time. At Nosratilaw, A Professional Law Corporation, we offer help through services like:
Case Evaluations: Most Lancaster employees do not know much about employment law, which is why it can be difficult to determine whether or not they have a valid case. Our firm talks to workers from around southern California and evaluates their current circumstances. We take a collection of factors into consideration to help give you an honest answer about your legal options. If you have a substantial claim, our firm can then help you move on to filing.
Claim-Filing Assistance: Filing a wrongful termination claim can be challenging, especially if you don’t know how to present your case. At our Lancaster firm, we have aided countless workers in filing wrongful termination cases backed with solid evidence. We can offer tailored advice and guidance as you file your claim, and we are prepared to help you continue forward.
Outstanding Negotiation: In any claim where you’re holding a business accountable, you’re going to need a lawyer with proficient negotiation skills. At Nosratilaw, A Professional Law Corporation, our superior negotiation strategies help us to provide effective representation for all kinds of employment claims. If you have been wrongfully terminated in Lancaster, let us negotiate on your behalf for a positive settlement.
A: Every kind of employment claim in California has a statute of limitations. This statute of limitations dictates how long an employee has to take formal legal action before their evidence is no longer recognized as valid. For wrongful termination claims in California, an employee generally has two years from the day they were fired to file their claim. In cases where a written contract between you and your employer was breached, you may be able to extend your statute of limitations to four years. This is all dependent on your claim.
A: At-will employment states are states that allow employers and employees to have full control of their relationships. When a state says employment is “at-will,” this simply means an employer can hire or fire an employee as they wish. This gives an employer the right to fire an employee without having to justify the termination. It also gives employees the right to quit whenever they’d like as long as they don’t violate their current contract. At-will states allow employers and employees to have beneficial relationships that can be ended without complex legalities.
A: While taking any sort of legal action against your employer may seem daunting, it can be advantageous to you in a variety of ways. If you were wrongfully terminated in Lancaster, your first step should be hiring an adept employment lawyer. By consulting with an experienced wrongful termination firm like ours, we can help you determine if you have a significant claim on your hands. From there, we can all work together to gather evidence, file your claim, and negotiate for the compensation you are owed.
A: The complexity of your employment claim will have the largest impact on how long it takes to resolve. Because every case involves different damages, it can take anywhere from a few months to over two years to settle a wrongful termination claim in California. All employment claims are managed by California’s Labor Commissioner’s Office (LCO), which can often work faster than the local and state courts. If you’re worried that your case is taking too long or don’t know if the time is worth it, discuss your concerns with Nosratilaw, A Professional Law Corporation.
There is no better time to take action than the present. If you or your coworkers have been fired illegally in Lancaster, California, you deserve justice. Here at Nosratilaw, A Professional Law Corporation, we advocate for employees who can’t protect themselves. With decades of employment law experience and a myriad of successful cases, our firm has been trusted to handle wrongful termination claims for years. Contact Nosratilaw, A Professional Law Corporation, to schedule a wrongful termination case evaluation and learn about what steps you can take.