Employment Lawyers Tustin
If you believe your rights have been violated or that you were mistreated in the workplace, the Tustin Employment Lawyers of Bisnar Chase are here to help. Suffering from a wrongful termination can be devastating to your finances and stress level. The law firm of Bisnar Chase wants to fight for the lost wages you have experienced from being unemployed. Over the last 40 years, our attorneys have garnered over $500 Million dollars in wins for our clients. Throughout your case, we help you understand your rights, and in cases of wrongdoing, we also help hold the at-fault company accountable for their actions. If you are seeking legal representation or have questions on what to do after being unjustly let go from an employer, call 949-203-3814 to receive a free consultation.
What Is a Wrongful Termination?
A wrongful termination or a wrongful dismissal is when an employer releases you on illegal grounds or the company's code has been violated. There are five types wrongful discharge practices that have been very common in the workforce.
5 Forms of a Wrongful Termination
1. Discrimination: An employee is released on the grounds of their personal religious beliefs, gender, ethnic background or disabilities.
2. Retaliation: Some employers will go to the lengths of firing a staff member because they will not take part in an illegal activity that is asked of them. If an employer retaliates towards an employee, for this reason, this can be seen as breaching company code.
3. Refusing to perform an illegal action: An example of this form of wrongful termination can be if an employer pays you below the minimum wage of that state and expects you to continue working. This is a wage and hour violation.
4. Rejecting company termination procedures: Upon hiring the employee may receive a contract or gain a mutual unwritten understanding stating the process of dismissal. If the employer breaches the contract of being let go this is grounds for a wrongful termination.
5. Sexual Harassment: If a manager corners a staff member and threatens their employment if they do not perform sexual acts on them, this is illegal. If the employee refuses to do so and is then terminated this is also against the law and can be seen as a wrongful discharge.
Knowing You Have Been Wrongfully Terminated
In order to prove that you have been unfairly discharged a breach of contract must be proven. Upon a job offer, there should be a clear understanding of wages, hours and the termination process of a company.
If for example, your contract specifies that you work two weeks before the end of your employment, but you are immediately let go and asked not to work, your employer has breached the contract.
According to California's labor law policy, an employer has the right and ability to discharge a staff member at any time for any reason. What employers must take into account for the at-will capability is that the termination must be under fair, honest and legal terms.
Likewise, an employee may quit a job whenever he or she likes. This right to terminate an employee at-will does not, however, allow a company to make firing decisions based on discrimination.
When someone is let go because of his or her race, sex, disability or age, for example, it is considered a wrongful termination.
Steps Before Hiring an Employment Attorney
Experiencing a termination in employment can be difficult to handle but there are measures you can take when dealing with a wrongful termination suit that will make the process easier.
Actions to Take in the Meantime
Looking for work: Just because you pursue a wrongful termination does not mean your job hunt should come to a halt. In the meantime, it is encouraged that you continue to seek employment.
Unemployment benefits: A victim of a wrongful termination can also apply for unemployment benefits. It may be challenging to actually receive the benefits, but if you have proof that it was a wrongful termination they will be granted to you.
Keep details to yourself: If you are preoccupied with not knowing what to say at your next job interview, don't be. It is an employee's right to keep their prior work experience confidential. If you feel the need to bring it up do not express many details.
Severance pay: In terms of severance pay an organization usually provides the package when a bulk of employees are being laid off. If you were let go on the basis of a company downsizing you would be eligible for severance pay. The amount of severance pay you receive depends on the position and the number of years you had been employed by that company.
The expectant severance package is one week of pay for every year served as an employee. Note that under California law an company is not required to give you a severance package.
If you quit not because you wanted to leave but because you were pressured to leave, this can also qualify as a wrongful termination case. A constructive dismissal is when an employee leaves an organization due to extremely unfair circumstances or is poorly mistreated.
Again the employee needs to prove that they were entitled to their immediate discharge because of the abuse that was endured. An employer violating the employee's contract is something that also needs to be proven.
It is not easy to confirm that mistreatment or abuse took place in a work environment. When presenting the courts with a constructive dismissal suit there are a few questions that an employee must keep in mind.
- Was the employee compelled to quit because of the hostile work environment that the employer provided?
- Would a reasonable individual in the same situation have resigned as well?
- Did the employer have knowledge of the intolerable work environment that led the worker to terminate their employment?
Below are some factors that would contribute to a constructive dismissal of an employee:
- A major cut in wages
- Specific occurrences of mistreatment
- Dishonest work evaluations
- Scheduled to work graveyard shifts suddenly.
All of these situations can pressure an employee to quit.
Our Employment Attorneys Will Fight for You
Employment law is complicated and no one should face his or her current or former employer without quality legal representation. If you believe that your rights have been violated, you would be well advised to discuss your potential case with a knowledgeable and experienced employee rights lawyer who can provide you with a free case evaluation.
The experienced worker's rights attorneys of Bisnar Chase have a long and successful track record of representing employees and upholding the rights of workers in Southern California. If you or a loved one has experienced discrimination or harassment at work, the law firm of Bisnar Chase will give you the legal representation to win the compensation you rightfully deserve. Call 949-203-3814 for a free consultation.