Monterey County Wrongful Termination Lawyer
Fired Unfairly? You May Have a Case. Call (888) 796-4010.
Nothing is more enraging than believing you were wrongfully terminated. In California, an unfair termination involves the violation of specific employment laws. If you believe you have been terminated due to discrimination or refusing to perform an illegal act, you may have grounds for a wrongful termination suit.
Bill Marder of Marder Employment Law can review your case and get started on filing a suit within the first few days of your meeting. He is known for handling all cases in a prompt and efficient manner, as well as for his millions of dollars in recoveries for wronged employees.
See if you have a case during a free case review. Our Hollister wrongful termination attorney is ready to answer your questions.
What Are exceptions to California's "At-Will" Employment?
California is an "at-will" employment state, meaning employers can fire an employee whenever they want without having to provide a reason. However, there are some exceptions to this.
The following factors are exceptions to "at-will" employment:
- Firing after inducement
- Fraud or misrepresentation
- Violation of implied contracts
- Retaliatory discharge
- Violations of employment contracts
- Violations of public policy (including sexual harassment and pregnancy discrimination)
State and federal law both prohibit employers from firing employees based on discrimination or any unlawful activity.
Employers cannot fire you for:
- Your race
- Your sex
- Your national origin
- Your disability
- Demanding overtime
- Reporting OSHA safety violations
- Taking pregnancy leave
- Refusing to sign an unlawful non-compete clause
- Serving jury duty
In some cases, even if you left your job "willingly," you may still have a case for wrongful termination. If you were forced out of your position due to hostile working conditions perpetrated by your employer, your resignation would not be considered truly voluntary. This is known as a constructive discharge.
How to Prove a Wrongful Termination Case
If you believe you have a case for a wrongful termination lawsuit, it's important to gather all employment documents related to your situation. These include everything from handbooks detailing your workplace policies to copies of any performance reviews.
If you believe your wrongful discharge was due to discrimination, you will need to prove your employer was aware of your membership in a protected class. If you informed the employer of your protected characteristic, such as informing them of your disability, document the time span from this point to when you were fired.
Additionally, you should document any instances of harassment your employer committed against you where possible.
How a Wrongful Termination Attorney in Hollister Can Help
Attorney Bill Marder can help you gather evidence and investigate further into your claims. He can review the details surrounding your employment and review any employment agreements to see whether any laws were violated. With a lawyer by your side, federal employment agencies and employers will take your case more seriously.
Bill Marder operates on a contingency fee basis, which means you do not pay him any fees unless there is a recovery. Damages you could be entitled to include back pay, lost benefits, emotional distress, job retraining, fines, or punitive damages. Bill Marder serves wrongfully terminated employees all across California.
“Mr. Marder and his wonderful team of associates is who you want in your corner.”- Francisco
“They exceeded my expectations.”- Thomas H.
“Professional and would recommend to anyone that needs their services.”- B.C.