San Bernardino Wrongful Termination Lawyer
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San Bernardino Wrongful Termination Attorney
When your employer terminates your employment illegally and without a valid reason, it could be considered a wrongful termination. If you believe you have been wrongfully terminated, you could have substantial grounds for legal action against your employer, provided you have a significant amount of evidence that you lost your job illegally. It can be difficult to prove wrongful termination, but a San Bernardino wrongful termination lawyer can help you.
At Theory Law, our skilled San Bernardino employment lawyers have helped clients hold their employers accountable when they terminate their employment for illegal reasons, from discrimination to whistleblower retaliation. Unfortunately, some employers will use legal reasons to mask this activity and attempt to bypass the law. We are able to analyze the circumstances of your case and help you hold employers accountable for these actions.
What Constitutes Wrongful Termination in San Bernardino?
According to California state law, California is an “at-will” employment state. Essentially, that means your employer is free to end your employment at any time they see fit to do so. However, that does not give your employer the right to terminate your position for any reason they so choose. A San Bernardino employment lawyer can help you determine if you have indeed been wrongfully terminated.
Situations, such as discrimination or breach of contract, can open the employer up to considerable legal action should you wish to seek retribution. As long as employers don’t violate California labor laws when they let you go, there’s very little you can do. However, if you believe your employer has terminated your position unfairly and in violation of state law, you should consider speaking with a wrongful termination lawyer.
Here are some of the situations that could result in a wrongful termination claim:
- Breach of Contract: Some workers in California have employment contracts that protect the employee from wrongful termination. They do so by limiting the kind of activity that can result in that worker losing their job. Typically, these contracts allow the employer to terminate employment based on good cause. If the employer fails to explain the cause that led to the termination, it could be considered wrongful termination.
- Retaliation: It is illegal in California to fire an employee in retaliation for something they did to protect themselves from the company. California’s Retaliation Complaint Investigation Unit investigates retaliation complaints in the workplace as the result of speaking out against discriminatory behaviors, questioning public policy, and more. Aside from termination, retaliation can result in a decrease in working hours, demotions, suspensions, or a pay reduction.
- Whistleblowing: If an employee stumbles into illegal activity that their employer is engaging in and reports it to the proper authorities, they may be considered a whistleblower. If you are then fired for reporting your employer’s illegal activities, it would likely be considered a wrongful termination. You should always report illegal activity to the proper authorities whenever you witness it. Otherwise, you might be found liable yourself.
- Pregnancy: If your employer terminates your position based solely on the fact that you are pregnant, that termination was unlawful, and you could have grounds for a wrongful termination claim. Pregnancy is protected under California labor laws and is a protected trait. Firing someone because they are pregnant is considered discrimination.
- Protected Class: Firing someone because of their protected class is blatant discrimination and grounds for a wrongful termination lawsuit. Some of the protected classes recognized in California include race, age, religion, gender identity, disability, sexual orientation, marital status, skin color, ancestry, and national origin.
If you have experienced any of these or other similar actions in San Bernardino, CA, you should contact a wrongful termination lawyer to discuss your legal options.
San Bernardino Wrongful Termination Law FAQs
Q: What Is the Average Settlement for Wrongful Termination in San Bernardino, CA?
A: Every wrongful termination case is unique, and the circumstances of each could impact the settlement you receive. A wrongful termination lawyer can help review the details of your case and provide you with a reasonable estimate of damages you may be owed. Just because one wrongful termination case results in a significant settlement amount does not automatically mean that yours will.
Q: What Qualifies as Wrongful Termination in San Bernardino, CA?
A: In California, wrongful termination is any situation where an employer terminates their employee’s position unlawfully or in retaliation for a protected action. Since California is an “at-will” state when it comes to employment, it can be difficult to prove wrongful termination without significant evidence. A wrongful termination lawyer can assist you in building a valid case and helping you pursue legal action against your employer.
Q: Has Anyone Ever Won a Wrongful Termination Lawsuit?
A: Yes, many people have absolutely won wrongful termination lawsuits. While wrongful termination lawsuits can be difficult to win, especially in at-will employment states, that doesn’t mean victory is impossible. If you can gather enough evidence to support your claim and build a strong enough case that takes all factors into account, there is a high likelihood of success in your case. An experienced wrongful termination lawyer could make all the difference.
Q: What Is the Burden of Proof for Wrongful Termination in California?
A: In California, the burden of proof for a wrongful termination case falls on the employee. Since the employee is the one who is claiming they were terminated wrongfully, it is up to them to prove such a claim. The employee will need to prove that the termination was, in fact, wrongful and that they have suffered damages because of losing their job. Through a thorough investigation and significant evidence, the employee can prove their claim with the help of a lawyer.
San Bernardino Wrongful Termination Lawyer
Pursuing a wrongful termination case can be difficult, overwhelming, and somewhat frustrating, particularly if you are trying to handle it on your own without proper legal counsel. An experienced wrongful termination lawyer from the team at Theory Law can make all the difference to your case and ensure your rights are protected. Contact us to speak with a valued member of our team and schedule a consultation.
How Can Theory Law Help You?
If you need help regarding a legal matter and would like to discuss it with an attorney, please call (310) 500-0206 or complete and submit the e-mail form below, and the attorney will contact you.
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