Modesto Wrongful Termination Lawyer

Modesto Wrongful Termination Attorney

Any job loss is stressful. A Modesto wrongful termination lawyer can address this complex area of law with you and answer any questions you might have if you’ve been fired from your place of employment. You might be able to mount a wrongful termination case to get back to work or get punitive damages if you were fired for an illegal reason.

Federal Protections in the Workplace

While at work, many federal laws protect you from wrongful termination. Many classes or groups of people have been protected by workplace laws, which include:

• Public policy violations: if the public would find the firing ethically wrong, like if an employee refuses to commit an illegal action at work
• Immigration Reform and Control Act: employers may not fire an employee based upon their alien status in the United States (this applies to protect someone legally able to work in the U.S. and doesn’t apply to people entering the U.S illegally)
• Occupational Safety and Health Act (OSHA): OSHA makes sure employees are safe at work by creating and enforcing safety standards, such that if an employee submits a workplace safety complaint, they are protected from retaliatory termination for the complaint

Defining Retaliation at Work

Retaliation means a punishing action taken against an employee who is engaging in a protected activity. It’s illegal for an employer to terminate their employee for reporting harassment or addressing discriminatory wages.

Protected Workplace Classes of Employees

Under Federal law, an employer may not terminate an employee based on their existence within a protected class, including:

• Age
• Color
• Sex, sexual orientation, gender identity, or gender expression
• Marital status
• Medical condition
• Disability
• Military or veteran status
• Genetic information
• Ancestry
• Requesting protected personal leave (pregnancy disability or Family and Medical Leave Act requests)

An employer may not dismiss any employee within the protected classes outlined in Federal law.

At-Will Versus Right-to-Work Employment

In California, employers can dismiss an employee at will, meaning without any reason being specified, so long as the reason is not prohibited by law. Also, this means employees can quit their job at any time without being required to give notice of the termination of their employment.

For at-will employment, employees cannot pursue a claim for wrongful termination unless their firing meets certain exceptions to the at-will status of their job. These exceptions include:

• If a written contract or union agreement exists and it explicitly details acceptable reasons or causes for employee termination
• If there is an implied contract where an employee assumes they cannot be terminated at-will, i.e., if an employee handbook fails to state employees are at-will employees and thereby employees have an implicit contract for employment

Proving Wrongful Termination in California

It can be hard to meet the criteria for a wrongful termination claim. However, you may be able to prove illegal employment discrimination occurred. Illegal grounds for a firing include:

• Whistleblowing activities, such as reporting any observed illegal activity by managers, co-workers, or employers
• Pursuing a workers’ compensation claim
• Reporting unwanted sexual harassment or other misconduct in the workplace
• Testifying in an investigation of sexual harassment
• Taking protected workplace personal leave, whether pregnancy or FMLA

Workplace wrongful termination cases are complex and involve intricate areas of law. You may want to discuss your specific situation with a knowledgeable California employment law attorney.

FAQs

How Likely am I to Win My Wrongful Termination Case?

The likelihood of winning a wrongful termination case depends on the facts of your case and the strength of the evidence. Evidence might show termination was based upon an illegal reason, like retaliation, discrimination, or a public policy violation.

Many cases are resolved through out-of-court settlements without trial, which means you could potentially get compensation for your claim even if you’re unable to win in court. Regardless, an attorney might increase the chance of a positive outcome.

What Is the Average Settlement for Wrongful Termination in California?

The settlement amount for wrongful termination in California depends upon several factors, including the salary level of the terminated employee or details about the cause of termination. A knowledgeable attorney familiar with this area of law can gather evidence to make sure a wrongfully terminated employee gets maximum compensation and can zealously negotiate for their client.

What Qualifies as Wrongful Termination in Modesto, California?

In California, wrongful termination means any unlawful dismissal of an employee. California is an at-will employment state, which means an employer can terminate an employee at any time without cause, just so long as the firing isn’t for an illegal cause.

If the employer fired the employee because of an illegal reason, like because of their disability, race, gender, or other protected characteristic, they might be liable for wrongful termination. An employment attorney can determine if your situation qualifies.

What Is the Burden of Proof for Wrongful Termination in California?

In California, you must prove by a preponderance of evidence that you were fired by your employer for unlawful reasons. Employers may not display any unfair/illegal discrimination in California workplaces, including termination for illegal reasons. If you can prove your employer demonstrated a pattern of discrimination at work and it resulted in job loss, you should speak with an experienced attorney to build a case for wrongful termination.

How Much Does a Wrongful Termination Lawyer Cost in Modesto, California?

The cost of hiring a wrongful termination lawyer in Modesto, California varies and is usually based on the lawyer’s experience, the complexity of the case, and the lawyer’s professional reputation. Also, case costs might depend upon the amount of time your lawyer takes with the case. You might decide a California lawyer is invaluable when there is so much potential risk in employment law matters.

An Experienced Modesto, CA Attorney Can Protect Your Rights in a Wrongful Termination Matter

The legal team at Asbill Law Group can work to protect your rights available under California wrongful termination law. Our skilled employment law attorneys have extensive experience handling cases just like yours and can get started quickly to help you through this challenging time. Get the legal support you need and contact our team right away.