BEST SANTA ANA WRONGFUL TERMINATION ATTORNEY
Best Santa Ana Wrongful Termination Attorney is a professional team in Tustin serving Santa Ana and all Orange County area, There are many Best Santa Ana Wrongful Termination Attorney 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 as “Unlawful or Wrongful” under state law, which would require a Best Santa Ana Wrongful Termination Attorney. 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 reach the conclusion of whether or not it is worth perusing and or if it was indeed an unlawful termination, to begin with.
BEST SANTA ANA WRONGFUL TERMINATION ATTORNEY
Other common forms of wrongful termination are based on pregnancy leave, FMLA, a complaint pertaining to wage violations, complaining about sexual harassment, medical leaves, and requesting for 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 complaining 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.
A wrongful termination claim is on the termination being in violation of public policy. The public policy must be 1) based on a constitution or statute, 2) intended to benefit the public, 3) established at the time of the termination, and or 4) substantial and fundamental. Determining whether the reason for an employee’s termination actually violated public policy is complex and should be done in a consultation with licensed Best Santa Ana Wrongful Termination Attorney. 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 Orange County Wrongful Termination Attorney will help you with. Can the employee prove that the termination was motivated by a wrongful or malice intent which violates the employee’s righty (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 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 a Best Santa Ana Wrongful Termination Attorney could help you!
Proving what the actual reason for the termination was would require evidence on both sides, the employer, and the employee, so it is absolutely essential to hire someone experienced with employment law like us, your Best Santa Ana Wrongful Termination Attorney. 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 a consultation with a licensed unlawful termination lawyers orange county who has experience proving unlawful termination claims at trial.
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Useful links :
American Bar Association, Department of Justice , State of California, Supreme Court
United States Courts , Orange County Superior Court, US Equal Employment Opportunity Commission
US Department of Education, US Department of Labor, US Small Business Administration
National Labor Relations Board, US Department of Justice, Disability.org,
Occupational Safety and Health Administration, University of California, Irvine, Irvine Valley College, Orange Coast College, California State University, Fullerton
Wrongful Termination in News: The San Diego Union-Tribune , The Denver Post , The Miami Herald