Wrongful discharge, or termination, takes place when an employee is wrongfully fired by their employer. There are several presumptions which wrongful discharges may be based, such as the breach of employment contract or protection provided by the Whistleblower Protection Act of 1989.
At Arnold Law Firm, our employment lawyers have achieved numerous verdicts and settlements for our clients and are prepared to help you achieve the maximum compensation you deserve.
If you or a loved one has been wrongfully discharged from their place of employment, our lawyers welcome the opportunity to hear about your case. For your free case review, call us today at (916) 777-7777.
At-Will Employees
At-will employees are employees with no formal contract with their employer, which means their employer can terminate their work at any time. In some instances, employees may have signed a written contract containing an at-will clause that states the employer may terminate the contract at any time without cause. Of course, these at-will employees still possess certain legal rights against wrongful termination and may not be filed for reasons which violate the law or public policy.
Constructive Wrongful Termination
Constructive wrongful termination takes place when an employer creates adverse working conditions for their employee, which forces them to quit. Under federal law it states that if treatment or conditions of an employee are so severe that the person cannot continue working in the environment, the employee may quit and seek damages as a result of any lost wages.
In addition, the law recognizes that employees cannot simply quit working and sue their employer. Every worker is required to use every means possible to resolve a workplace issue prior to quitting. If an employee fails to attempt to resolve an issue, they may lose the ability to achieve compensation.
Whistleblower Act
This includes both state and federal laws used to prevent employers from retaliating against employees for whistle blowing. This means that if an employee provides information about their employers illegal actions to the government, including wasting funds or mismanagement, they cannot be terminated.
Types of Wrongful Discharge
There are several forms of wrongful discharge which take place across America each day; unfortunately, many people fail to identify several of these actions as being illegal. The following includes some means of wrongful discharge:
Being fired after complaining about an illegal workplace practice
Being fired after filing a prejudice accusation
Being fired after filing a sexual harassment complaint
Being fired based on race, sex, age, religion, sexual orientation or handicap
Being fired while on a medical leave
Being fired while on a pregnancy leave
Being sexually harassed
Not being compensated for overtime
Not given appropriate lunch breaks
Need Help? Contact Our Sacramento Wrongful Dismissal Lawyers Today
If you or a loved one has been wrongfully discharged by an employer, contact our experienced Sacramento wrongful discharge lawyers today.
At the Arnold Law Firm, our legal team has accomplished millions in verdicts and settlements for our clients and will fight for the maximum compensation you are entitled to. Our team offers free case evaluations and only gets paid when you recover.
Contact our law firm at (916) 777-7777 for your free case review.
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