Getting fired from a job can be one of the most difficult and stressful experiences a person can endure. The term “wrongful termination” refers to a situation where an employer fires or discharges an employee in violation of law or public policy. Wrongful termination can occur in a variety of ways as long as it is shown that the dismissal violated the employee’s legal rights.
At Broslavsky & Weinman, LLP our San Bernardino wrongful termination attorneys have extensive experience fighting for workers’ rights and have helped numerous victims of wrongful termination achieve favorable results and recovery against their employers.
Types of Wrongful Termination
- Discriminatory reasons. Employer’s termination of an employee cannot be motivated by the employee’s disability, age, sex/gender, sexual orientation, race, national origin, religion, or other personal characteristics that are protected from discrimination under the law.
- Retaliation for Complaints or Reports. An employer cannot fire an employee in retaliation for reporting or complaining about unlawful or wrongful conduct in the workplace to either the employer itself or to a government agency.
- Retaliation for Exercising Legal Rights. An employer cannot fire its employees as punishment for taking advantage of benefits to which they are legally entitled to or otherwise exercising their legal rights, such as going on medical leave or filing worker’s compensation.
- Breach of contract. An employer that enters into a contract with an employee for a specified length of time generally cannot terminate the employee until the end of that term.
Fighting Pretexts or False Termination Excuses
Employers naturally do not typically admit that an employee was fired for an illegal reason, and instead claim that they had legitimate business reasons such as “reorganizations”, “layoffs”, or “poor performance.” Even when employers make those claims, employees can still succeed on their wrongful termination cases if they are able to prove that the supposed legitimate reasons for their termination are pretextual, or in other words at least not completely true.
Our employment attorneys are skilled in exposing false or deceptive excuses often used by employers to cover up a wrongful termination. For example, if a company claims downsizing but subsequently hires another worker to replace the terminated employee, or retains other employees with less seniority, this may be evidence that downsizing was a pretext. In another example, an employer’s claims that the employee was terminated for poor performance can be challenged by inconsistencies or contradictions in the employer’s behavior, such as the terminated employee previously receiving good reviews or being promoted.
Contact Wrongful Termination Attorneys in San Bernardino
If you feel that you were terminated unlawfully, contact our San Bernardino wrongful termination lawyers to discuss your case. We can help you evaluate your potential claims and will discuss with you all available options. Call us (909) 551-4455 or email us using the form on this page to set up a free consultation with one of our attorneys.
Recoverable damages for unlawful termination may include past lost wages and benefits, future lost wages and benefits, compensation for emotional distress and suffering, and sometimes punitive damages.