Pasadena Wrongful Termination Attorney
Did an Incident Involving Unlawful Firing Occur?
Wrongful termination occurs when an employee claims they were fired or laid off from their job for reasons that are prohibited by law. We take such claims seriously at Mark Charles Law, APC and provide the representation that both employees and employers need to defend their position in these volatile disputes.
Wrongful termination is not always as clear or well understood as it should be. Employees may believe they have been fired for illegal reasons when the employer was actually permitted to exercise their right to terminate at-will. Likewise, employers may unjustly believe that at-will termination provides them sufficient cover to fire employees for discriminatory or retaliatory reasons.
Our wrongful termination attorney in Pasadena can help you cut a clear path through this murkiness to demonstrate your side of the dispute. In doing so, we can help you achieve your goals or reach the best possible resolution. For employees, that can mean recovering monetary compensation and even reinstatement when your rights have been violated. For employers, our support means you can defend against attempts by disgruntled employees to take advantage of your company in court.
What Does Wrongful Termination Look Like?
Wrongful termination can manifest in many different ways. The key to understanding whether it took place, however, is determining how likely it that the claimant can prove that they were fired in violation of the law. An employee can also argue that they were illegally fired if they engaged in a protected activity at work, such as discussing wages or unionizing.
Wrongful termination can be recognized in situations such as the following:
- Firing an employee for reporting sexual harassment
- Firing an employee for requesting a reasonable accommodation for a disability
- Firing an employee for requesting or during leave provided by the Family Medical Leave Act
- Firing an employee for becoming pregnant
- Firing someone for speaking up about health and safety concerns
- Firing an employee who refused to participate in illegal activity
- Firing an employee for engaging in a protected workplace activity*
*Note: A protected workplace activity is any activity an employee can engage in without fear of retaliation, such as termination. Such activity includes reporting unlawful actions at work, participating in investigations about unlawful actions, demanding unpaid wages, forming or joining unions, taking leave protected by law, and more.
If you believe you were fired for an illegal reason, the best thing to do is to talk to a wrongful termination attorney about what happened and validate your claim. Likewise, employers can consult with a legal representative like ours at Mark Charles Law, APC before taking action to ensure they aren’t violating the law when they need to protect their business interests.
Understanding At-Will Employment
Most employees in the U.S. who work for private employers are employed at-will. This means that an employer is within their rights to terminate an employee for any legal reason or no reason at all as long as the termination doesn’t violate any laws. Likewise, employees are empowered to quit their jobs with or without providing notice under at-will employment.
At-will employment typically does not apply when an employee is working under a contract. In cases where an employee is a member of a union and covered by the union’s contract, the employee may request the union file a grievance on their behalf if they believe they were illegally fired. Whether or not the union will pursue the claim will depend on whether or not it believes the claim has merit.
Employees and employers alike can take the necessary steps toward protecting their rights by speaking with a wrongful termination attorney in Pasadena about their situation. Mark Charles Law, APC can represent either side of these complicated disputes, providing the unique level of service that each requires to prove or mitigate their responsibility for a claim.
Pursing a Wrongful Termination Lawsuit
There are several situations that can lead to a wrongful termination. In California, the statute of limitations for your claim will be based on whether your termination resulted from discrimination, retaliation, or otherwise in violation of the law.
In a discrimination-based termination, employees have 180 days from the firing date to file with the EEOC, or 300 days if filing with the DFEH. If the agency in question does not resolve the issue, the employee will be issued a right to sue, after which they have 90 days to pursue their lawsuit.
A wrongful termination resulting from a breach of a written contract offers employees a four year statute of limitations. Implied contract cases have a two year statute of limitations.
Request a Consultation Today
If you are faced with taking action on a wrongful termination claim, reach out to Mark Charles Law, APC for legal support. We can provide the level of assistance either side of these disputes needs to protect their interests and assert their rights.
Learn more about what we can do for you by contacting us online to request a consultation today.
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