Wrongful Termination questions
Frequently Asked Questions
This means that an employer can terminate/layoff/fire you at any time and for any reason and you can quit at any time at any time and for any reasons. However, there are numerous important exceptions to this rule. For example, you may have an express or implied contract that requires that you can only be terminated for good cause. Or the real reason you are being terminated is due to some discriminatory or retaliatory motive. Or, an employer may be simply trying to do away with you because you have a disability or are pregnant or need time off for treatment due to your serious medical condition or that of a spouse, child or parent.
Do I still have any rights against my employer? If you can show that your employer created working conditions which were so intolerable that a reasonable employee would resign under your circumstances and those conditions were created by your employer due to a discriminatory motive (like gender, race, age, sexual orientation, disability, ethnic origin, religion etc.) a judge or jury could find that you were constructively terminated.
Yes, there are numerous California and Federal laws that prohibit the employer from retaliating against you for asserting lawful rights or who act as whistle-blowers against wrongdoing at work. If you engage in such a protected activity under the law; for example you complained that you were being discriminated against or sexually harassed and your employer takes adverse action against you (e.g. a demotion, layoff, termination) an inference of retaliation may be created under California or Federal law. Employees can also be the victims of sexual harassment, physical intimidation, poor job reviews, wrongful termination, and other acts.
Yes, in many cases you would, and it would have been wrong for the employer to terminate you. If you needed a leave for a definite duration and the employer cannot show it was an undue hardship your leave should have been honored. Moreover, there are several State and Federal laws that may require the employer to provide you with leave time if you meet certain requirements under the Family Leave Act, California Family Rights Act; Pregnancy Disability Law, etc.
If the claim is based on a contract, then contract damages typically apply (like lost wages and benefits as well as interest and court costs). For other kinds of wrongful termination cases the basic rule is that any damages you suffered are recoverable. This can be as simple as lost wages and benefits, but it could also include damages for emotional distress and even physical injuries. It can be even broader than that. As a result of your termination you may have lost your home, your car or damaged your credit. If it can be shown your damages were caused by your termination they could be recoverable. Also, in some cases the court will award punitive damages, attorneys fees and even order job reinstatement.
For Robert Rogers: My wife and I are so grateful for all the help and support you gave us during a very difficult time in our lives. You are a great lawyer, but more importantly a great person, and I truly admire you.
I want to express my sincere gratitude to all of you for your professionalism, thank you for believing in me and financing my case without even knowing me. I think that your strategies produced excellent results, and I am delighted that I was referred to you and chose you to represent me. I want you to know that I also appreciate very deeply your patience with me. It was a wonderful experience and I learned a lot. I have the feeling (and I hope so) that you and I made a good team where open and honest communication was the norm.
Thank you so much for your priceless time and effort assisting all of us. Your letter without a doubt has caused (our opponent) to reconsider their unethical and unlawful actions of simply going through the motions (without) providing due process. I cannot thank you enough. I most sincerely and profoundly thank you for doing this for me.
I wanted to thank you for all of your incredible support through this stressful process. I could not have done it without you. Thank you SO much for your confidence, honesty and diligence every step of the way. People like you restore my faith in the justice system. It is intimidating as hell to stand up to a multi-billion dollar corporation especially after disempowering discrimination and the challenging times I faced after my injury. Thank you for all of your support.