No matter the circumstance, losing a job is a painful experience. Losing a job for an illegitimate reason, however, may be unlawful. While termination of employees is not uncommon, there is a boundary as to what reasons an employer may rightfully terminate an employee.
The boundary is crossed if an employee is fired based on a protected class. Some protected classes include race, religion, and gender. Discriminatory acts, such as termination for these characteristics, are protected. Employers who violate these protections are subject to fines, and employees can sue to recover damages as a result of wrongful termination.
No person should ever be terminated for characteristics unrelated to their job performance. At Walker Law, P.C., our Riverside wrongful termination attorneys will fight for you. Contact us today for your free consultation.
How Common is Wrongful Termination
Wrongful termination cases seem to have increased over the past few years. A staggering 84,254 complaints were made to the (U.S. Equal Employment Opportunity Commission) EEOC in only one year. In particular, two-thirds of the claims were filed either racial discrimination and sex discrimination. The rest of the complaints primarily composed discrimination based on religion, national origin, or disability.
How Wrongful Termination Claims are Handled
Wrongful termination claims are covered by both federal and state laws. Depending on the jurisdiction the claim falls under, there may be a requirement to first file a claim with a governing agency who will conduct a preliminary investigation. The governing agency will then give a preliminary finding which can be an aid in filing a formal suit.
Many employees are fearful of bringing a wrongful termination for fear of retribution from the employer, such as if the lawyer files a suit or tells other employers in the industry not to hire the employee. However, there are specific laws that prevent the employer from retaliting against the employee for discrimination cases.
Many wrongful termination claims are actually handled outside of court. The facts in the case will largely determine whether both sides believe a trial is necessary.
Common damages that a victim in a wrongful termination might try and claim include:
Returning the employee back to the position they were in prior to termination
Recovery of lost back pay as a result of termination
Recovering the value of all benefits lost as a result of being fired, including retirement, vacation, and health care benefits/restoration of health insurance coverage
Any statutory damages that might be applicable if a federal or California law was not abided by
Interest charged on any owed damages
Contact a Riverside Wrongful Termination Attorney Today
Despite the presence of the laws that prohibit wrongful termination, the action is still rampant. Hiring the right legal representative is the first step to restoring yourself back to where you were prior to the injustice.
If your employer fires you in response to asserting your rights against public policy, we have attorneys who can assist you in every step of the way in seeking legal action. We will help assess what the appropriate actions are to obtain the just compensation you deserve
Wrongful termination claims can be a scary process to go through, but with our attorneys at Walker Law, we take the time to thoroughly explain your options so that you can feel confident that everything is being done to get you to where you deserve. Call our Riverside wrongful termination lawyer today for your free consultation.