Who is The Best Orange County Wrongful Termination, Lawyer
Best Orange County Wrongful Termination Lawyer is a professional team in Tustin serving all Orange County areas, There are many Best Orange County Wrongful Termination Lawyers at firms that represent employees against their employers but many of them do not offer free-of-charge consultations like SCMC Law Office does. Unlawful Termination is an unfortunate yet frequent occurrence in today’s workforce. Termination becomes wrongful when an employee is fired for an illegal reason. An illegal reason for firing someone would be if they were fired because they belonged to a protected class. Classes that are protected are gender, race, age, religion, ethnicity, sexual orientation, pregnancy, ancestry, disability, marital status, medical condition, color, family and or medical leave, genetic characteristics, pregnancy, genetic information, ancestry, and national origin.
In California, there are many types of reasons for termination that would be considered “Unlawful or Wrongful” under state law, which would require a Best Orange County Wrongful Termination Lawyer. Reasons that are considered to be illegal for termination would be race, age, disability, sexual orientation, religion, medical condition, marital status, color, ancestry, and engagement in a protected activity. Situations that involve termination based on one of the reasons listed previously would need to be reviewed by an attorney who practices employment law. By having an employment attorney review the details of the termination, they may be able to conclude whether or not it is worth perusing and or if it was indeed an unlawful termination, to begin with.
How The Best Orange County Wrongful Termination Lawyer Can Help You?
Other common forms of wrongful termination are based on pregnancy leave, FMLA, a complaint about wage violations, complaining about sexual harassment, medical leaves, and requesting reasonable accommodation for a medical condition or disability. Many of these reasons for termination fall along the lines of retaliation. Retaliation would be if an employee complains about an illegal issue such as sexual harassment or discrimination and were soon after terminated. The time frame, as well as the complaint itself, can lead to supporting evidence of a legitimate retaliation claim against the employer by the employee. Other issues can stem from retaliation, ultimately leading up to a forced resignation. Possibly an employee may be threatened to resign or they would be fired. Also, an employer may make an employee’s work environment so unbearable that they have no choice but to quit which may be categorized as harassment as well as retaliation.
How to determine whether the termination is in violation of public policy
A wrongful termination claim is on the termination violating public policy. The public policy must be:
- Based on a constitution or statute,
- Intended to benefit the public,
- Established at the time of the termination, and or
- Substantial and fundamental.
Determining whether the reason for an employee’s termination violated public policy is complex and should be done in consultation with a licensed Best Orange County Wrongful Termination Lawyer. We are experienced and we specialize in employment law, which will benefit your case more so than general lawyers.
Another consideration in determining the legitimacy of the termination claim is causation – this is something that your Best Orange County Wrongful Termination Lawyer will help you with. Can the employee prove that the termination was motivated by a wrongful or malicious intent that violates the employee’s right (unlawful termination)? Let’s assume an employee reports that he or she was sexually harassed by her superior. If she is terminated after reporting this then she would have both a Fair Employment and Housing Act (FEHA) claim and an unlawful termination claim that is valid. To win the claim she must prove she was terminated because she had reported the sexual harassment incident. Of course, her employer could argue that they had terminated her for another reason, such as insubordination, subpar work performance, etc. If this were the case then we could help you!
How To Contact The Best Orange County Wrongful Termination Lawyer
Proving what the actual reason for the termination would require evidence on both sides, the employer, and the employee, so it is essential to hire someone experienced with employment law like us, your Best Orange County Wrongful Termination Lawyer. It would be important to interview witnesses and obtain documents that would support your claim that the employer terminated you in violation of the employee’s rights. Identifying the witnesses and evidence that will support the unlawful termination claim is best done in consultation with a licensed unlawful termination lawyer in orange county who has experience proving unlawful termination claims at trial.
Ways to Become a Victim Of Wrongful Termination
Wrongful termination occurs when an employer fires an employee because of an illegal reason. An employer may fire an employee for illegal reasons, such as if the employee belongs to a protected group or reports illegal activity. While there are many reasons an employee could be fired, many are motivated by discrimination. Here are four ways an employee could be a victim of wrongful termination. In some cases, discrimination may also play a role.
- Age: This is just one
Although life expectancy has improved over time, employees over 40 are still subject to age discrimination. Employees over 40 years old are considered a protected group in California. Employers cannot abuse employees over 40 years of age. This could be illustrated by a boss telling a 50-year-old employee to quit. The employer then found a fake reason to fire the employee after the employee refused. This could be an example of discrimination or wrongful termination.
- White men cannot jump
We can all have a good time laughing at White Men Can’t Jump from the 90s, but it’s not something we can do in the office. California considers a person’s race to be a protected class. This means that employees who are discriminated against, excluded, or treated unfairly because of their race will be considered illegal behavior. Unlawful termination is when an employee is fired because of their race.
Wrongful termination due to race cannot be found if an employee was terminated for work-related reasons, but if the employee is of a particular race, they could still claim wrongful termination. This is not the way the law works. A claim for wrongful termination due to race must be made on the basis that an individual was dismissed simply because they are of a specific race. Linda, who identified as Hispanic, was subject to constant bullying from her boss over her accent and received frequent poor performance reviews. Linda was eventually fired due to her “numerous poor performance reviews.” Linda could be eligible to file a claim for wrongful termination due to race. Linda may have been targeted by her boss for being racially sexist due to her boss’s teasing and poor performance reviews. Linda may also be supported by other factors, such as Linda being the only Hispanic employee on her job, and/or any other Hispanic employees who were fired or teased about their accent. Linda may be able, even though her performance review was poor, to sue her employer for wrongful termination and discrimination.
Let’s change the facts slightly. Let’s say Linda was arriving late to work every day, and she had received numerous verbal and written warnings about her tardiness. Linda’s employer may argue that Linda was fired because of her inexplicable tardiness, rather than her race. Linda could not claim that she was fired for her race.
- Whistle
“Blow the Whistle” can be a throwback, which is something that is often embraced at any good dance party. However, Too $ Hort did not mention the negative side of blowing the whistle on your employer.
Reporting something unethical at work can be scary and brave. California has laws that protect whistleblowers. A whistleblower employee reports illegal acts or practices at their workplace. These laws protect employees from retaliation by employers who may try to use their power. An example of this is if the employee knew firsthand that their boss fired all men and replaced them with women employees. The employee could report it to the law. This would mean that the employee would report their boss for illegal termination or hiring practices.
Remember that whistleblower law exists to protect employees from illegal activity. However, employers may retaliate. These laws can be used to inform employers what they cannot do, but also give employees the right to sue their employer. An employee might be able to use the law to protect themselves in a whistleblower case. However, it is possible to get help from an employment lawyer if the situation is complicated.
- Cripple, Handicapped, Challenged
Cripple, handicapped, and challenged is all politically incorrect terms used to describe someone who might have or be perceived to have a disability. Protected employees are those who have certain disabilities, regardless of whether they are permanent or temporary. An employee with a disability can be fired, demoted, degraded, denied employment benefits, or picked on.
Employers must make reasonable adjustments to accommodate employees with disabilities so they can carry out their job duties. These adjustments must be reasonable in terms of costs and the employer’s ability to adjust. An employee might request to only work day shifts because of their vision impairment. This may be a reasonable and practical adjustment by the employer to allow the employee to work only day shifts.
Every case is unique and should be treated as such. An employee could file a claim against the employer depending on the documentation provided by the employer about the disability and the amount of accommodation requested.
What is considered inappropriate behavior of a boss?
The inappropriate behavior of a boss can take many forms, and it can be difficult to define in general terms. However, some examples of inappropriate behavior by a boss might include:
- Sexual harassment: Unwanted sexual advances, comments, or touching.
- Discrimination: Treat employees differently based on their race, gender, age, religion, or other protected characteristics.
- Bullying or verbal abuse: Shouting, belittling, or insulting employees.
- Micromanagement: Constantly monitoring employees’ every move, giving excessive or unreasonable feedback, and not trusting employees to do their job.
- Favoritism: Giving preferential treatment to certain employees over others without a legitimate reason.
- Invasion of privacy: Reading employees’ emails, monitoring their social media accounts, or otherwise violating their privacy.
- Retaliation: Punishing employees for speaking up or reporting issues of inappropriate behavior.
It is important to note that what is considered inappropriate behavior may vary depending on the culture and norms of a particular workplace. However, in general, if your boss’s behavior makes you feel uncomfortable, threatened, or discriminated against, it is important to speak up and report it to HR or a supervisor.
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