It could happen at any time. You are sitting around minding your own business, plugging away at your job, when the boss calls you into her office with a representative from human resources. They tell you that you’re no longer employed. Perhaps they don’t say anything other than the dreaded, “We're going in a new direction.” Perhaps they tell you that you are being fired because of a recent incident or something that happened in the past.
At any rate, you are suddenly, without warning, without any prior reprimands, unemployed. Your first reaction is likely shock. Then, you feel the anxiety of paying bills and trying to find another job. Your final reaction is rage at the injustice of it all. But do you have rights? What can you do if you're suddenly fired?
What rights do you have in the workplace?
We already know your termination was unfair. You probably feel that your you were wrongfully terminated and you want justice! But is it illegal?
Your employer can’t wrongfully terminate your employment if the reason they fired you is based upon a breach of your constitutional or civil rights, or breaches your employment contract.
Your boss can’t fire you because you took medical leave, or because you made complaints about your wages, discrimination, or safety.
But what are your civil rights? You have many! The most common workplace rights include protections from your employer firing you because of your race, gender, pregnancy, age, disability, religion, national origin, ancestry, marital status, sexual orientation. Also, your boss can’t fire you because you took medical, pregnancy, or disability leave, or because you made complaints about your wages, discrimination, harassment, worker’s compensation claims, taxpayer protection acts, medicare fraud, or safety.
Sometimes, you can be fired, even if it is unfair or unjust, without your employer being subjected to a lawsuit. This is because of a concept called “at-will employment.” An “at-will” employee can be fired at any time, for any reason....except for illegal reasons, which are described above. But we don’t have to just let your boss can get away with illegal behavior! You are protected from bullying, wrongful termination, or other injustice in the workplace.
I’ve handled dozens of cases of employees who were harassed and wrongfully terminated. Call us. We can help!
Is your boss treating you in an illegal way?
Your employer may not want to respect your rights. If your employer has wrongfully terminated your employment, we’re here to help. Being harassed is wrong. You’re facing a horrible situation: you’re scared to speak up and lose your job, but you can’t bear the unfair treatment, either.
You don’t have to endure a hostile work environment. In fact, being quiet sometimes causes bad bosses to take advantage of you.
You don’t have to endure a hostile work environment. In fact, being quiet sometimes causes bad bosses to take advantage of you or unfairly fire you. We can help to fight your boss’s illegal treatment. And we can do so while also protecting your right to keep your job, if you're still employed.
Harassment can cause health issues. You may need someone to fight for you.
How can I prove my boss wrongfully terminated my employment?
The California Supreme Court decided in the case of Tameny v. Atlantic Richfield Co. that at-will employees were protected from being the recipient of discrimination, harassment, retaliation, and wrongful termination.
You are protected from bullying, wrongful termination, or other injustice in the workplace.
To prove your case, you only need the judge or jury to believe that you were fired for one of the reasons stated above. If you have witnesses and documents, of course it’s much easier to prove your case. However, if you don’t have these things, don’t feel discouraged. We have handled many cases where someone has been wrongfully terminated, but no one was around to see it and it wasn’t in writing.
If you’ve been subject to wrongful termination, that is illegal. You deserve to be treated with respect.
We can help you fight for justice.
We want to do everything to make things easier for you. We’re here for you!
Please make an appointment for a free consultation in our Newport Beach office. You can contact us by email or phone. We want to help.