WRONGFUL TERMINATION CLAIMS
Wrongful termination in California takes many forms, including retaliation and whistleblowing, harassment and discrimination. California law also allows an employee to sue for wrongful termination if the company’s actions are against public policy. This is a cause of action that is separate from claims under the Fair Employment and Housing Act (FEHA). If you or a loved one has been laid off or constructively discharged, you have rights under state and federal law.
BASIS FOR WRONGFUL TERMINATION CLAIMS
If you’ve been fired from your job, you may have a claim if your termination, resignation or constructive discharge was caused by your employer’s unlawful conduct or actions against public policy:
- Hostile Work Environment
- Sexual harassment
- Equal pay law violations
At the time an individual is illegally fired or laid off, he or she may have a claim for other, related causes of action against the company. Upon termination, It is important for employees to know whether they were misclassified, subject to unlawful tip pooling practices and paid their final vacation pay, bonus and incentive pay and expense reimbursements, along with other unpaid wages. Independent contractors may also sue for wrongful termination if they were improperly hired on a contractual rather than employment basis.
A “constructive discharge” may also serve as the basis for your claim. Sometimes, an employee isn’t fired, but is treated in a way that any reasonable person would not be expected to continue working at the jobsite. The employee’s resignation, in this instance, is a constructive discharge and may serve as a basis for a wrongful termination common law claim under California law.
DAMAGES AVAILABLE FOR WRONGFUL TERMINATION
If you are the victim of a wrongful termination, you may able to recover significant damages:
- Back pay (for lost earnings)
- Front pay (for future lost earnings)
- Lost bonuses and commissions
- Lost benefits (dental, medical, vision, etc.)
- Lost pensions and retirement earnings
- Hiring and reinstatement
- Out-of-pocket expenses
- Medical expenses
- Policy changes
- Emotional distress damages
- Punitive damages
- Attorney’s fees and costs
- Injunctive relief
San Diego employees often take comfort in knowing that pre-litigation resolution is often possible after a termination.
FERRARO EMPLOYMENT LAW CAN HELP
If you’ve been wrongfully fired or forced to resign based on employer misconduct, we can help you find the justice you deserve. Ferraro Employment Law specializes in these types of labor and employment issues for employees throughout San Diego. We provide free case consultations to determine your best course of action. Contact us today.