When Does Firing Meet The Definition Of Wrongful Termination?
Being fired from one’s job is an unpleasant experience and in many cases, threatens the livelihood of an individual and a family. If you have received a notice of termination from your employer, it is natural for you to feel an injustice has occurred. You may even suspect your employer broke state or federal laws.
Talk to me, employment lawyer Nima Shivayi, if your Orange County employer may have let you go illegally. From law offices in Irvine, I serve clients throughout Orange County, and beyond.
My 15 years of experience representing employers can be an asset in your case if I represent you in a wrongful termination claim. I understand the defense tactics your employer may use to avoid legal trouble and financial losses after you have been fired and bring a lawsuit.
Examples Of Wrongful Termination
The first step, after reviewing all known facts in your case, will be to determine whether your firing could have been in violation of state or federal laws. You may have a viable wrongful termination claim if your employer:
- Terminated you because of your race, religion, national origin, gender or other protected characteristic. Proving this can be a challenge, but if it is true, I am prepared to fight for justice for you
- Fired you out of retaliation after you filed a complaint or a lawsuit over alleged discrimination in violation of the Americans with Disabilities Act (ADA), the Fair Employment and Housing Act (FEHA) or other laws
- Fired you when you attempted to take – or took – a medical or family leave as the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA) provides for. A thorough review of the laws in question can help answer the question
- Let you go after you acted as a whistleblower, reporting wrongdoing in the workplace to a government agency
Examples Of Other Varieties Of Termination
Although your firing may seem wrong to you and others, it may not meet the definition of wrongful termination if:
- You and your employer did not have good “chemistry” or rapport.
- Your employer was downsizing the business.
- Other employees complained about you for reasons not covered by laws protecting employees.
- You made an honest mistake of some kind.
Unfair or not, these types of firings are usually not illegal. Understanding the difference between allowable and illegal termination is an important first step in determining whether you have a valid wrongful termination claim. I can help determine this and if the answer is “yes,” I can represent you in pursuit of a favorable remedy such as reinstatement or compensation for lost wages and possibly other damages.
Uncovering The Truth About Your Job Loss May Require Careful Legal Analysis
I welcome the opportunity to consult with you about your termination from a job in or near Orange County, or elsewhere in Southern California. Call Shivayi Law Firm at 949-623-8764 or email the firm to request a case review by an experienced attorney.