Landing a job in your desired profession in California can be hard to do. Many individuals don’t have an emergency fund built up that they can tap into if they lose their job. This is why you may find it difficult if you lose your job unexpectedly. If you can prove that you were wrongfully terminated from your role, then you may be able to sue your employer.
If you and your colleagues are caught and later fired by your employer discussing labor or workplace-related matters, then you may be able to sue them for wrongful termination. The National Labor Relations Act outlines how any workers who participate in a “protected concerted activity,” such as a discussion of work conditions or wages cannot be let go from their job.
An employer is also prohibited from using a worker’s medical history as the grounds for not hiring or firing them from their role by the Genetic Information Nondiscrimination Act.
If your employer has you sign a work contract that allows them to only fire you “for cause,” then they must be able to prove that you did your job poorly, disclosed your company’s trade secrets or engaged in some other type of willful misconduct to lawfully let you go.
Employers are prohibited from firing workers because of their sexual orientation, religion, citizenship or pregnancy status, race and gender by California and federal employment laws.
It’s unlawful for any employer to retaliate against their employee for reporting a dangerous workplace, a colleagues’ illegal activity, sexual harassment, discrimination or any type of impropriety. They can be sued if they do.
Proving that your firing from your job rose to the level of wrongful termination isn’t as easy as it seems. Even if you can show evidence that your employer engaged in discrimination, that they retaliated against you or treated you in some other unlawful way, there’s no guarantee that they’ll pay up for the harm that they caused you.
One of the great benefits to working with a seasoned attorney serving San Francisco is that they have the necessary experience to know when evidence that’s been compiled is strong enough to lead to a positive result for their client. They can let you know what the chances are of winning your case.