Have you been fired from your job? Do you believe that your termination was unlawful? To determine if your termination was wrongful or illegal, you may wish to consult an unlawful termination attorney for a case evaluation. But when should you contact them? There are various situations in which you may have a legal claim, so let’s go over some of the most common ones.
Discrimination
California’s Fair Employment and Housing Act (“FEHA”) as well as its federal counterpart, Title VII of the Civil Rights Act of 1964 (“Title VII”) prohibit workplace discrimination based on one of the enumerated protected characteristics set forth in each statute. Title VII makes it illegal for an employer to fire an employee because of race, color, religion, sex, or national origin. The FEHA makes it illegal for an employer to fire an employee based on his or her race, religious creed (including religious dress and grooming practices), color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, sexual orientation, military and veteran status, age (if 40 or over), pregnancy, childbirth, breastfeeding or related medical conditions of any female employee. If you suspect that you have been fired from your job because of a protected characteristic, then you may have a claim for wrongful termination. The quickest way to determine if you have an actionable claim is to contact an unlawful termination attorney near you.
While the protections provided by state and federal law are similar, they are not always the same. Victims of employment discrimination usually have the choice of suing under either Title VII or the FEHA and suing in either federal court or state court. There are also important procedural differences between state and federal courts. Therefore, before filing any claim or suit, it would be advisable for the terminated employee to seek a consultation from an unlawful termination attorney to determine the best course of action. The unlawful termination attorneys at the Akopyan Law Firm provide services in Orange, Riverside, San Bernardino, Glendale, Los Angeles, and surrounding areas. If you live in Southern California and have been fired from your job because of reasons you believe are illegal, you can seek a complimentary case evaluation.
Whistleblowing
There are many laws that protect employees who are whistleblowers. Aside from the FEHA and Title VII, a number of other federal and California statutes also prohibit retaliation against employees who engage in certain “whistleblower” activities.” The California Whistleblower Statute, for example, makes it illegal for employers to fire employees from their jobs for complaining about illegal activities to a government or law enforcement agency, or to certain people at the employer who have the authority over the employee. The law even protects employees who do not actually complain about illegal activities, but the employer mistakenly believes that they did. The best way to determine if an employee’s termination was retaliatory and illegal, is to consult an unlawful termination attorney in your area.
Family Medical Leave
There are many laws that protect employees who take a leave of absence because of medical reasons. The statutes providing or affecting leave rights based on employee illness or injury are many, but the main ones for California employees are the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). These laws provide protection to employees who take a leave of absence due to illness, injury, the birth of a child or placement of a child for adoption or in foster care, or due to care for certain family members with a serious health condition. While these laws do not apply to all employers, they provide important protections to employees whenever they do apply. Assuming that the law applies, it makes it illegal for the employer to fire an employee for taking a qualifying leave. To determine if the law applies to your employer, the best way is to contact a local unlawful termination attorney. Similarly, the law does not apply to every leave of absence from work. Some types of leaves of absence are covered, but there are others that are not. Again, the best way to determine which of the leave laws may apply to your situation is to contact a local unlawful termination attorney.
Conclusion
Employment laws are complex, and it may not always be clear to the employee if they have been fired from their job for illegal reasons. The best way to figure out if there is a case is to consult an unlawful termination attorney. An unlawful termination attorney can quickly help you determine if you have been wrongfully terminated from your job. Click here for more information.