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Wrongful Termination: Everything You Need To Know

Today, even when it’s not your fault, you could still get dismissed from your work.

If you are fired without good reason, because your firm is restructuring, or because of a private matter, it was an unfair termination. As long as the cause is not illegal, an employer is free to end the relationship of employment at any moment and for any reason. The fact that the employee may or may not have committed a violation is irrelevant. In the case of an at-will employee, there are no restrictions on the grounds for termination. Employers may be held accountable for “wrongful termination” if they violate any of these conditions. An illegitimate reason cannot be used by an employer to fire an employee. You might be able to file a successful claim for wrongful termination against your employer if you think you were the victim of unfair termination. Employment lawyers Bakersfield will pay attention to the specifics of your case and support you throughout the entire procedure.

What are the Different Types of Wrongful Termination?

Employment termination is one of the most stressful and undesirable situations. However, it’s important to carry out the termination in the most moral and legal way feasible. Circumstances can be different depending on the state. For example, California at will employment provides a labor law probationary period that an employee enters under the law. The probationary period suggests that an employer may terminate an employment relationship at any time during the employee’s probationary period, for any reason.

Termination in any of the following ways is regarded as wrongful termination of employment:

  • Restrictions of At-Will Employment: There are restrictions to this because at-will employment is one of the most popular types of employment. Employers cannot terminate an employee for any form of discrimination when they hire them on an at-will arrangement. These motives are prohibited by municipal, national, and state legislation in Bakersfield. Furthermore, an employer is not permitted to sack a worker in retribution for disclosing any illegal actions taking place within the organization.
  • Discrimination:  One of the most prevalent types of wrongful termination is discrimination. It violates the law to fire someone on the basis of their race creed, sex, gender, ethnic origin, nationality, fertility, age, or impairment, according to established legal rules. Additionally, some jurisdictions restrict businesses from treating employees differently on the basis of their sexuality or gender identity.
  • Retaliation: When engaging in certain protected activities, your employer cannot terminate you. For instance, your employer cannot terminate you if you participate in an investigation into pay or work-related issues or take a medical leave. Additionally, reporting discrimination or harassment to the supervisor or filing a complaint with HR are not grounds for dismissal.
  • Other aspects: It is also a kind of wrongful termination if you are fired because of a disagreement at work, a personal animosity, your reluctance to carry out an employee’s unethical commands, etc. You cannot be fired by an employer because of a personal issue you have with them.

Why do you need an Employment Lawyer?

If you believe that your termination was unjust, you need to speak with an employment lawyer right away. It is discretionary to discuss your wrongful termination case with an employment lawyer, but it can be immensely useful and advantageous to have an experienced employment lawyer help you file a lawsuit. 

An expert employment lawyer can assist you in comprehending the law and your rights and, if necessary, can advocate your interests in court. Cases involving wrongful termination are serious and can be difficult. The company that sacked you probably has a lawyer, and so should you. The facts of your case can be fully investigated by an experienced attorney, who can also recommend the best course of action and pursue the compensation you are entitled to.

What Can You Recover if Your Wrongful Termination Case Is Successful?

Every case is unique, so you should see a lawyer find out precisely what kinds of damages you might be eligible to get in the event that your claim is granted. However, the typical damages that can be available in your case include:

  • Forfeited income, including perks and severance pay 
  • Depending on the sort of lawsuit you file, you can also be able to obtain compensation for psychological trauma;
  • According to the claim you file and whether the employer’s conduct was particularly heinous, you might also be entitled to compensatory damages;
  • Additionally, you might be able to get your expenditures and legal expenses reimbursed.

A professional lawyer will provide you with additional guidance regarding how to proceed with a claim.

Bottom Line

You already have enough worries on your plate; you don’t need to worry about taking on another responsibility, especially one that will drain your mental and emotional resources like filing a lawsuit for wrongful termination. The claim process will be handled in its entirety by hiring an employment lawyer, who will also discuss your legal options, look into your claim, negotiate with the responsible parties, and litigate determinedly to protect your rights.