Wrongful Employment Termination

Protecting Your Rights in a Wrongful Termination Case in San Jose, California

Layoffs, reductions in force, office or plant closings, terminations and firings occur every day at businesses in San Jose and throughout California. However, those actions may not be undertaken in a manner or for reasons the law has determined to be wrongful. The Law Offices of Louis Spitters, protects victims of Wrongful Termination and other illegal employment practices.

At the Law Offices of Louis Spitters, clients actively collaborate in the preparation and presentation of a Wrongful Termination suit. Your information and insight is vital to establishing your case. I need to everything about the circumstances of your employment, including whether you were an "at will" employee, whether you had a written employment contract, whether there was an agreement (express or implied) that your employment would be terminated only "for cause" or whether the termination of employment resulted from: workplace discrimination, harassment, because you were a whistle blower, retaliation, a violation of public policy, other illegal or wrongful employment action, or involved a constructive termination. Also essential are your expectations and objectives for resolution of a wrongful termination suit.

Your Rights in a Wrongful Termination Action

Depending upon the basis for the Wrongful Termination claim, the remedies and damages you may recover vary. In order to secure the rights to which you may be entitled, you must act quickly to preserve any rights you may have stemming from the termination of you employment. Many valid and valuable claims are lost because of delays in seeking or perfecting a wrongful termination claim. Acting quickly is especially important if you believe your termination resulted from a violation of your civil rights (e.g., race, sex, age, disability or sexual orientation). Whether you are an "at-will" employee (meaning you can be fired at any time for any lawful reason) or a for-cause employee (requiring valid reason for termination of employment) will have a significant impact upon your right to recovery. Even if you were an "at will" employee, you may recover if your termination was illegal.

Depending upon the circumstances of your employment and the action taken against you, and the legal claims you are able to assert against the employer, you may be able to obtain a reinstatement of your employment, to obtain an injunction against the employer, or to recover your loss of income, loss of future income, damages incurred in securing other employment, emotional distress or general damages, or attorneys fees. It is important to consult an attorney promptly to obtain an assessment of the circumstances surrounding the termination of your employment and the remedies available to you.

Wrongful Termination versus Constructive Termination

If you were not the victim of a Wrongful Termination, but your employer made the circumstances of your employment, by unlawful means, so intolerable that you felt forced to resign your position, you do not have a claim for Wrongful Termination, but you may be able to recover on a claim for Constructive Termination. In many instances, the employer will not take the step of firing the employee, but will make the work environment so intolerable, by engaging in or allowing discriminatory or other unlawful activity, that the employee has no choice but to quit. The Law Offices of Louis Spitters will help you determine and prove whether you were the victim of Constructive Termination. If you do prevail, the remedies, as discussed above, will vary with the circumstances of your employment.

Remedies for Other Unlawful Adverse Employment Actions

If you were not the Victim of a Wrongful Termination or a Constructive Termination, your employment may nevertheless have been adversely effected by unlawful action taken by your employer. Claims for Unlawful Adverse Employment Actions frequently arise in the hiring phase of employment (e.g., improper interviewing, examinations or background investigation, etc.), in the denial of a promotion, in a demotion, in disciplinary action taken, or in other adverse employment actions (e.g., change of duties, transfer of responsibilities to others, etc.). The Law Offices of Louis Spitters will review with you the employment agreement or relationship with your employer, the action taken against you, the reasons given by the employer for the action taken, the reasons you believe the action was taken, the legal grounds for a claim or action against the employer, and the remedies and damages you may recover.

Contact Us

For more information or to schedule an appointment with an experienced employment litigation lawyer regarding a Wrongful Termination, Constructive Termination, or Unlawful Adverse Employment Action based upon discrimination (e.g., race, sex, age, disability or sexual orientation) harassment, retaliation, whistle blower status, or violation of public policy, please contact us.