Santa Clara Wrongful Termination Lawyer
Employers in California are typically able to terminate an employee at any time without explaining their reason to end that individual’s employment with the company. There are, however, restrictions that prevent an employer from terminating an individual for certain specified purposes. Firing a person based on that individual’s membership in a protected class is illegal both federally and in California. It is also illegal for your employer to fire you as retaliation for whistleblower action. In some cases, employers and employees may even have contracts that prevent an employer from terminating the employee’s position except in certain specified circumstances.
If you believe that your employer wrongfully terminated you, contact the Costanzo Law Firm to speak to one of our dedicated Santa Clara wrongful termination lawyers. We represent Santa Clara’s hardworking residents to protect their rights in employment law cases. Call us at 408-993-8493 to learn more about how we can help you.
Job Contracts and Termination
Employment contracts are agreements between employees and employers. The terms of an employment contract may include provisions stating how an employer can terminate the employee. If the employer violates the terms of the agreement, the employer is liable for a breach of contract. If your employer violated your employment contract, contact a Santa Clara, California employment law attorney today.
Discrimination and Termination
There are a number of protected classes based on federal law. California law includes additional classes beyond those protected under federal statutes. In many cases, employees filing discrimination suits will find that the state court is a more favorable forum in California. In addition to the extra classes covered by California State law, the state law applies to smaller companies than those to which the federal law applies. There are cases where an employee may not have a valid case based on federal law but will have a strong claim against their employer based on California State laws.
Discrimination occurs when an employee suffers from an employment-related decision that is based on their status within a protected class. Important decisions include hiring, firing, demotions, promotions, and many other employment-related actions. If your employer fired you based on your age, if a prospective employer refused to hire you based on your race, or if you were denied a promotion because of a pregnancy, all of those situations are examples of employment discrimination. If you were wrongfully terminated based on your employer’s discrimination, you would likely be able to collect compensation from that employer. To learn more about your right to recover following illegal discrimination and wrongful termination, contact a Santa Clara employment law attorney today.
Whistleblowing Retaliation in Santa Clara
Employees often fear retaliation at the hands of their employers if they report wrongful actions carried out by other individuals with the company, supervisors, or those in charge. Several laws apply to various corporations, including those designed to protect workers, the environment, and to prevent financial fraud. In numerous cases, employees are the only ones positioned to identify these wrongful actions. If employees were too afraid to report illegal conduct because of the risk of losing their jobs, many violations would be at risk of going unreported. The law recognizes the risk that employees must take when reporting their employer’s violations. As such, it is illegal for an employer to retaliate against a whistleblower. Such protections extend even to individuals who had reasonable cause to report their employer for wrongful actions but who turned out to be incorrect. To learn more about your rights as an employee and a whistleblower, contact a Santa Clara employment law attorney to discuss your concerns.
How to File a Wrongful Termination Claim in Santa Clara
Filing a wrongful termination claim starts with a state or federal agency. If you are filing a federal claim, you will file with the EEOC. In the case of state court claims, you will file with the DFEH. These agencies will then notify you, if you have a valid claim, with a right to sue letter. With that letter in hand, you will now be able to file a claim against your employer for wrongful termination. Your attorney will be able to help you navigate the process to ensure that you get the help and compensation to which you are entitled. Call a Santa Clara employment law attorney today to discuss your claim.
Damages in Wrongful Termination Claims
If you were wrongfully terminated from your job, there may be a number of damages available to you if your claim is successful. You will receive compensation for the income you lost as a result of the wrongful termination. You may also receive lost overtime pay and the value of lost benefits. In some cases, you will be able to collect for your pain and suffering as well. Pain and suffering damages are more likely to be available in cases where employers carried out extreme acts against the employee. You may have to hire a professional mental health expert who can testify to the actual damage, such as depression or anxiety, that you suffered as a result of the wrongful termination. In some instances, you will be able to collect punitive damages if your employer’s behavior was particularly egregious. Punitive damages are often for large sums and are awarded in cases where the judge or jury feels the need to penalize the employer. These damages are not dependent on your financial losses.
Call the Costanzo Law Office for Your Santa Clara Wrongful Termination Claim
At the Costanzo Law Office, our attorneys understand how important your employment law claims are to you and your family. We are here to fight to protect your rights. Call us at 408-993-8493 to speak to an experienced Santa Clara employment law attorney today.
