Law Offices of Louis Spitters

Was your termination a wrongful termination?

California residents who are doing all that they can at work, only to find themselves fired, have to wonder what exactly went wrong. Employers have the right to terminate employees as they see fit, unless an employment contract is in place, but there are some reasons why they cannot. Those who believe that the following issues contributed to their firings may be entitled to file wrongful termination claims in an effort to seek compensation for their losses.

Reason number one: harassment. Employees have the right to work in an environment free from harassment. They also have the right to report harassment in the workplace to their superiors and expect proper action to be taken. Unfortunately, some victims of harassment have found themselves being let go instead. If it is possible to establish that one was harassed in the workplace and that it contributed to one's firing, a wrongful termination case may be successfully won.

Reason number two: discrimination. Just like harassment, employees have the right to enjoy a working environment free from discrimination. It is illegal for employers to discriminate against a person based on his or her race, gender, religion, disability or a number of other things. Those who believe that discrimination led to their firings will need to either show direct evidence that it occurred, circumstantial evidence that one's employee has a history of firing a certain type of person, or supply witnesses who will back up their claims of discrimination.

Reason number three: retaliation. Employees are allowed to report employers who are violating safety standards or who are breaking laws. One might be able to claim wrongful termination based on retaliation if he or she was fired after filing a complaint, was fired after taking part in an investigation of the company, or was terminated for exercising his or her legal rights.

There are other reasons that California residents who have been fired may be able to claim wrongful termination -- these three are just the most common. Those who think they may have been wrongfully terminated can seek counsel in order to determine if legal action would benefit them. If civil claims are thought warranted, those that are successfully negotiated or litigated can result in the awarding of fair compensation and, possibly, reinstatement to one's old position.

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Law Offices of Louis Spitters
96 North 3rd Street
Suite 500
San Jose, CA 95112

Phone: 408-780-1920
Phone: 408-293-0463
Fax: 408-293-9514
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