Unemployment and Wrongful Termination

Posted on March 5, 2021 | By Omid Nosrati | Wage & Hour Laws,Workers Compensation,Workplace Discrimination,Wrongful Termination

When someone loses their job, it can be an upheaval that affects every area of their life, including their sense of purpose. The effects of employment termination, especially when one has invested countless hours and energy into their job, can have severe negative psychological impacts as well as financial. This can be compounded by not knowing a termination coming. In some situations, they are unaware of a pending termination because it was handled unfairly – a common occurrence during the current pandemic. If you have been recently terminated, call our law firm. There are steps you can take right away to help you on your way to your next opportunity.

Filing for Unemployment

The first step to take after the loss of a job is to file for unemployment. A major concern of people who have suddenly lost their jobs is finances. Filing for an unemployment claim can be done right away, usually online. Simply search for your state’s unemployment office, or you can find the link to your state’s website from the U.S. Department of Labor’s website. In California, there are detailed instructions on how to file for unemployment on their website.

Who Is Eligible?

The requirements for who is eligible varies from state to state, but usually, it is an individual who has become unemployed through no fault of their own. The hours they previously worked and the income they made may also affect eligibility. The best thing you can do if you’ve become unemployed is go to your state’s unemployment website and read about the requirements. You may be surprised at your status and eligibility. Additionally, with the continuing COVID-19 pandemic, unemployment eligibility has expanded, especially for people affected by the pandemic.

Unemployment Benefits

Each state varies on the logistics and benefits for their citizens, but all must follow general guidelines under federal law. These benefits usually include cash payments. There may be other benefits that an individual may qualify for, such as food assistance and health insurance, as well. On the California website, there is a Benefits Calculator that can help determine how much you can expect to receive under unemployment.

Wrongful Termination

Unfortunately, if you’ve been let go by an employer, there may be nothing you can do. There are often things beyond your control when it comes to termination of your employment. Sometimes, through no fault of your own, a company needs to cut back to survive, or perhaps changing technologies have made your job no longer necessary. However, there are many times when an employer illegally fires an employee. If this happens to you, you must stand up for your rights.

Wrongful Termination and Your Rights

Many situations constitute wrongful termination. They include the following:

• Being fired because you are a whistleblower. It is against state and federal laws to retaliate against an employee who has reported fraud or abuse by the company or institution they work for. This is often referred to as being a whistleblower, and if you do so, you are protected by the law.
• Discrimination. It is not only egregious to fire an employee because of race, color, religion, national origin, disability, age, or parental status, but it is also against the law. This is unacceptable behavior, and if this is the reason you were let go from your job, you are entitled to financial compensation.
• Retaliation by an employer. An employer may never fire an employee for exercising their rights that are protected by the law. If you are a witness to unlawful acts and are called to testify in court, you cannot be fired or retaliated against in any way by your employer. This firing would also be against state and federal laws.
• Refusing to do something illegal for your employer. You can never be forced to break any law by an employer and, similar to retaliation if you get let go or lose benefits, work time, salary, etc. because you refuse to do this, this is another example of wrongful termination.

If you have been wrongfully terminated, you deserve financial compensation. You have a right to back pay as well as unpaid wages and may be entitled to other financial compensation for hardship and psychological damage.

What to Do If Wrongfully Terminated

Reaching out to our experienced attorneys can help you file your claims and work to get you the best financial compensation possible.  Please contact the experts at Nosratilaw, A Professional Law Corporation today. We have over 20 years of experience dealing with employment law and will stand up for you.