San Bernardino
Wrongful Termination Attorney

Wrongful termination can be devastating. In addition to the emotional and psychological impact, being illegally fired can damage your professional prospects, shake your financial security and have a disastrous effect on your ability to provide for yourself and your family. If you suspect that you’ve been a victim of an unlawful firing, it is vital that you reach out to a skilled San Bernardino wrongful termination attorney for advice and assistance.

What Is Wrongful Termination?

A termination can seem immoral or unfair without being wrongful. That’s because wrongful termination is a legal term with a firmly delineated definition. Basically, wrongful termination is an illegal firing.

What makes a firing unlawful? At-will employment is the norm, and it allows employers to fire an employee without cause or warning. However, employers must comply with federal and state laws; they cannot fire an employee for an illegal reason. If a firing results from discrimination or retaliation for participation in protected activities, it violates the employee’s rights and is a wrongful termination. In addition, a firing that causes a contractual breach of an oral or written employment agreement is also a wrongful termination.

Wrongful Termination Statistics

Retaliation and discrimination are often cited in wrongful termination cases. The U.S. Equal Employment Opportunity Commission is charged with protecting workers by enforcing federal laws regarding workplace discrimination and retaliation. For the 2017 fiscal year, the EEOC provides the following statistics:

• More than 84,000 workplace discrimination charges were filed with the EEOC.
• Nearly $400 million was secured for victims of discrimination or retaliation in the workplace through voluntary resolutions and litigation.
• With 41,097 charges filed, retaliation was the basis for 48.8 percent of all charges filed.
• Charges of racial discrimination totaled 28,528; this equals 33.9 percent of all charges filed.
• Disability-based discrimination led to the filing of 26,838 charges, or 31.9 percent of all charges filed.
• There were 25,605 charges of sex discrimination filed, which works out to 30.4 percent of all charges filed.

Was I Wrongfully Terminated From My Job?

How can you tell if you have been the victim of wrongful termination? If the answer to any of the following questions is yes, then you may have been wrongfully terminated:

• Was my firing the result of discrimination? Discrimination in the workplace is illegal. It is against the law to fire or penalize an employee on the basis of their race, color, sex, gender, religion, national origin, disability or age.
• Was my firing retaliatory? Some activities are protected, and an employer is legally barred from firing an employee for participating in them. These activities include filing a complaint of discrimination or harassment, reporting or refusing to participate in harmful or illegal activities, participating in an investigation of potentially unlawful actions, and taking permitted medical leave.
• Did my firing violate my employment agreement? A firing that violates a written, oral or implied promise can breach your employment agreement. This may involve terminating an employee in violation of the terms laid out in their specific employment contract or a collective bargaining agreement. It also includes firing an employee in a manner that contradicts the company’s established policies for discipline or termination.

What Should I Do If I’m a Victim of Wrongful Termination?

If you believe that you were the victim of wrongful termination, it is important to consult with an experienced wrongful termination lawyer as soon as possible. You may have a limited time to act, and specific procedures must be followed. Despite your frustration, do not strike out at your employer. Instead, remain calm and gather any documentation that might help you prove your case. This might include your personnel file, your employment contract, an employee handbook and any other relevant evidence that demonstrates unlawful behavior.

Do I Need to Hire a Wrongful Termination Attorney?

If you were wrongfully terminated, you might be owed compensation in the form of punitive damages or back pay. However, proving a termination was wrongful and securing these damages can be difficult. It is vital that you enlist the aid of a skilled wrongful termination lawyer. These professionals understand what it takes to build a convincing case. They can assess the circumstances surrounding your firing and the available evidence, indicate if there is additional information that might strengthen your argument, and advise you about your options. They can also serve as aggressive advocates in negotiations with your employer or in the courtroom if litigation is necessary.

Have you been the victim of wrongful termination? You don’t have to merely accept the situation. At Rizio Lipinsky Heiting, we are committed to protecting the rights of people who live and work in California. We have the experience, resources, and passion for getting top results for wronged employees. As a statewide firm, we welcome challenging cases, and we won’t back down when faced with tough opponents. How can we help you? To explore the possibilities, contact our San Bernardino office and request a free consultation.