In 2020, the U.S. Equal Employment Opportunity Commission (EEOC) received 67,448 charges of workplace discrimination.
What makes a termination wrongful?
Employment is “at will,” which means that an employer can terminate an employee for any reason, for no reason, with or without notice, as long as the termination is not for any illegal reason. Wrongful termination is not the same as unreasonable termination. In order to win a case for illegal firing, the employer must have broken the law. It is legally prohibited to fire an employee on the basis of their race, gender, ethnic background, religion, veteran status, pregnancy, or disability.
It is also illegal to retaliate against an employee who has reported fraud, abuse, or wrongdoing. Whistleblowers are brave individuals who have come forward to report fraud or misconduct and are protected by law from wrongful termination.
Sexual harassment is illegal under Title VII of the Civil Rights Act of 1964. This form of hostile behavior makes a workplace intolerable to work. What makes enduring harassment more insulting is when an employee is fired for reporting an incident they witnessed or experienced first-hand.
What is an example of wrongful termination?
An example of wrongful termination is if an employee turned down an employer’s sexual advances or reported sexual harassment and was subsequently fired. You can file for wrongful termination even if you quit your job if you can prove that the work conditions were too hostile and unbearable to continue employment. Call Rubin Law Corporation now if you believe that your illegal termination is related to sexual harassment in the workplace or whistleblowing.
Family members are allowed to take extended periods of time off from work to care for a family member or to focus on their health under the Family and Medical Leave Act (FMLA). During this unpaid leave, your job is protected, and you should continue to receive group health insurance coverage under the same terms and conditions as if you had not taken leave. If you believe that your rights were violated, then you can contact the Department of Labor’s Wage and Hour Division and our law offices at Rubin Law Corporation.
How can an attorney help you?
In order to successfully win a wrongful termination lawsuit, you need to show the causation of your reporting or whistleblowing and your firing. A wrongful termination lawyer can advise you on how to file your claim. In a successful wrongful termination case, you could receive backpay, punitive damages, compensation for your legal fees, have your health insurance and benefits reinstated, and you may even get your job back.
The law may seem very straightforward: your employer violated a federal or state anti-discrimination law, employment contract, or labor law, and you believe that you are entitled to damages. But the law is nuanced and there are many myths and misconceptions surrounding illegal firings. You deserve a fair and just settlement, and the attorneys at Rubin Law Corporation can help you get that. Call 213-246-3656 now to schedule your free consultation with a California wrongful termination attorney.