Employees need wrongful termination lawyers if they have actually been fired from their jobs, or they need to quit their jobs due to intolerable working conditions. If the employment has not ended, and is still occurring the only question is whether the employee has grounds to quit and sue. Wrongful termination attorneys sue for the loss of a job. They are not available for general consultations about workplace issues.
FOR AN EXPERIENCED WRONGFUL TERMINATION LAWYER
CALL 1-661-412-9600 IF YOU WERE UNLAWFULLY FIRED,
OR ARE THINKING ABOUT QUITTING
DUE TO ILLEGAL WORKING CONDITIONS
If it is unclear whether one’s employment has ended, consultation with a wrongful termination attorney might be appropriate. These situations often exist when the employee has not been assigned work for an extended period of time, or the employer will not permit the employee to return to work. Sometimes employers fail to allow employees to return to work following medical leaves, complaints of sexual harassment, or complaints about the employer’s illegal conduct. Presuming an employee’s job ended either through termination, an employer refusing to assign work, an employer who refuses to allow the employee to come back to work, the next question is whether the situation amounts to wrongful termination for which there is a legal remedy in California. Wrongful termination exists under limited circumstances in California. These circumstances include an employee who is fired for complaining that their employer acted illegally, or suspiciously. The employee’s beliefs their employer acted illegally, or suspiciously must be reasonable. Allow an experienced employee attorney to determine whether conduct you complained of and may have been fired for is illegal. Job terminations due to protected characteristics such as age, cancer, disability, FMLA, medical conditions, pregnancy, race, or sexual harassment are also wrongful termination.
Job terminations because an employment contract ends may not be wrongful termination, but there may be other remedies a job lawyer can sue for including breach of contract. However, exercising the right to end an employment contract because the employee has been complaining they are not being paid all wages due under the contract, including commissions, is wrongful termination. California is an at-will state. Employees can be fired for any reason even if it is a false reason as long as the real reason is not because the employee was a whistleblower about matters of public policy, or because the employment termination violates a protected right such as the right to work in an environment free of sexual harassment following the employee’s complaints about sexual harassment. Unfair reasons for a job termination are not wrongful termination, but unfair reasons that are also illegal are wrongful termination. Questions whether employees can quit their job and sue are delicate matters that must be made under the close advice of a highly experienced employee lawyer. Intolerable working conditions that justify an employee quitting, like wrongful termination, must be conditions that are illegal or discriminatory based upon a legally protected characteristic such as race. Serious thought must be given whether the condition has sufficiently complained to management about the illegalilty before the employee quits. Being able to quit and sue in civil court is one issue. The other important issue for many employees is whether quitting and suing will lead to an unemployment insurance claim being denied by the State of California.
CALL 1-661-412-9600 TO SPEAK TO A WRONGFUL TERMINATION LAWYER ABOUT QUITTING AND SUING
Our Bakersfield wrongful termination lawyers handle a substantial number of the wrongful termination lawsuits filed in Kern County. The Employment Lawyers Group has proudly represented thousands of employees, in Kern County, of all different races, religions, national origins, and ancestries. Recently we have represented employees in the following Kern County wrongful termination lawsuits:
Our case results are not a prediction of future outcomes because each case is unique
Firm head, Karl Gerber’s experience in wrongful termination and employee rights includes: