Wrongful Discharge and Retaliatory Termination Claims
Most employees are so-called "employees at will" — that means you can quit your job for any reason or no reason, and that you can be fired (subject to certain exceptions) for any reason or no reason. There are many situations, however, where a terminated employee will have legal grounds to challenge the dismissal. Wrongful termination damages can be awarded in cases of race or sex discrimination, employer retaliation, or other circumstances that indicate a violation of public policy or breach of an implied employment contract.
Contact San Diego employment law attorney Warren Beck for reliable advice about your rights in any case of wrongful or retaliatory termination. With more than 25 years of experience in this demanding field, Mr. Beck can help you determine whether the loss of your job might support a lawsuit against your former employer. Even in cases where California law or federal statutes offer no explicit protection for you, it's often possible to find that you were not an employee at will after all, but had the legally enforceable right to keep your job under an implied contract of employment.
Examples of wrongful termination that violate state or federal law include the following:
- Dismissal on the basis of race, sex, age, religion, sexual orientation, disability, or even mistaken perceptions of any of these
- Retaliation for asserting a protected right, such as filing a sexual harassment complaint, taking family or medical leave, or applying for workers' compensation benefits
- Getting fired for reporting illegal or unethical conduct on the part of a manager or supervisor in private or public employment
Even if none of these circumstances apply to your case, you still might have a claim for unfair termination damages if the evidence shows that you could reasonably rely on continued employment as long as you maintained a certain level of performance on the job, or if your periodic reviews indicated the employer's intention to keep you in your former position. Constructive discharge can also represent an available remedy for employees who work under especially intolerable conditions.
California employment lawyer Warren Paul Beck has achieved highly favorable results for his wrongful termination clients through careful review of the evidence, outstanding negotiation skills, and a thorough familiarity with the differing litigation demands of federal lawsuits, California superior court actions, or administrative hearings before the federal EEOC or state Fair Employment and Housing Commission. He can also help you get the most out of mediation or other alternative dispute resolution techniques.
Our law firm also advises employers about managing their risk of wrongful termination liability through careful examination of particular performance or discipline problems and thorough documentation of the reasons for dismissal. To learn more about our experience with wrongful termination claims and the most effective ways of resolving or preventing them, contact the San Diego office of Warren Paul Beck, Attorney at Law. We accept all major credit cards.
