Los Gatos Wrongful Termination Lawyer
The majority of workers in California are considered “at-will” employees. In effect, an “at-will” employee may be terminated at any point in time. Typically, employers are not required to explain their decision for firing an employee. However, protections exist within California law that prevent an employer from terminating an employee for certain purposes. If you believe that you were wrongfully terminated from your job, contact a Los Gatos, California employment law attorney today. At the Costanzo Law Firm, our dedicated team of employment law attorneys works on behalf of California’s hardworking employees. Call us at 408-993-8493 to schedule a consultation with a Los Gatos wrongful termination lawyer.
Job Contracts and Termination
Although most employees do not have a contract that specifies the reasons for which that individual may face termination, there are some situations in which employees have contractual agreements limiting the reasons for which their employer can end their employment. If your employer is bound by a contract stating the terms under which you could face termination, and your employer violated those terms, that employer is in breach of contract. If your employer wrongfully terminated you in violation of an employment contract, contact a Los Gatos, California, employment law attorney today.
Discrimination and Wrongful Termination in Los Gatos, California
Employers cannot fire an employee, even an “at-will” employee, for reasons that constitute workplace discrimination. In California, many categories are protected against workplace discrimination. Firing a person because of their age, pregnancy, disability, religion, color, race, or national origin, among other categories, is considered illegal. If you believe that your employer terminated your position based on discrimination, contact a Los Gatos, California, employment law attorney at the Costanzo Law Firm.
Whistleblowing Retaliation in Los Gatos
California law includes protections for whistleblowers. Typically, whistleblowers are individuals who report illegal or unsafe practices carried out by their employers. In many cases, employees are the only individuals in the position to notice indications that the business is engaged in wrongful conduct. Of course, employees rely on their employers for their paychecks and livelihood, which means that employees may hesitate to hold their employers accountable. If employees were too afraid to notify the authorities or even bring up workplace violations with their employer, then businesses could easily get away with many unlawful and unsafe practices. The law, therefore, protects whistleblowers from retaliation at the hands of their employers. If your employer terminated your position with your company because you reported a violation or otherwise served as a whistleblower, contact a Los Gatos, California employment law attorney right away.
Filing a Claim in Los Gatos
Employees who wish to hold their employers accountable must first file a claim with either the Equal Employment Opportunity Commission or the Department of Fair Employment and Housing. The EEOC oversees employment law-related matters based on federal law. California’s DFEH is responsible for overseeing California state claims. It is important that you maintain employment-related documentation that supports your wrongful termination claims against your employer. Within your records, you should detail any incidents that you believe support your claim, including the time, date, location, and any witnesses who are present during that event. Employment-related documents such as employee handbooks, contracts, reviews, and termination notices are also important records for you to have in your possession when filing a claim. Your records will be useful in building a case against your employer. It is also wise to avoid using social media to discuss work-related incidents. In many cases, individuals damage their cases by posting things that seem harmless on social media. Remember that there are statutes of limitations that limit the amount of time you have to file a wrongful termination claim against your employer. There are also limits on how long you have to file with the EEOC and DFEH. Your attorney will be able to help you navigate the system and build your case and strategy against your employer. To start the process, contact an employment law attorney right away.
Recovering Damages in Los Gatos
If your employer wrongfully terminated you and your case against that employer is successful, you will be entitled to recover certain damages from your employer. Lost wages and the value of certain benefits, as well as any overtime pay that you lost as a result of being wrongfully terminated, can be recovered from a liable employer. If your job loss led you to accept a position that pays less than your old job, your damages might include the difference between the money you would have made and that which you earned at the new lower-paying position. Sometimes, your damages will also include your emotional distress. If your employer took actions against you that were egregious, you might be able to recover punitive damages. The more outlandish or harmful the behavior of your employer was toward you, the more likely it will be that you will be able to make a case that you suffered anxiety or depression as a result of those actions. This might require expert witnesses who would be able to testify regarding the impact of your employer’s wrongful behavior. A Los Gatos California employment law attorney will be able to provide more information regarding what damages might be available in your case.
Call the Costanzo Law Firm Today if You Were Wrongfully Terminated in Los Gatos
The attorneys at the Costanza Law Firm will stand up for your rights. Our experienced California employment law attorneys take pride in protecting the hardworking people of Los Gatos. Call us today at 408-993-8493 to speak to one of our dedicated employment law attorneys.
