Losing your job can be incredibly frustrating, especially when the reason feels unfair or is illegal. If you were fired for reasons that involve discrimination, retaliation, or a violation of your rights under California law, you may have grounds for a wrongful termination claim. Meet with a San Jose employment lawyer to learn more.
Understanding whether your employer crossed the line can be difficult. That’s why the team at Omega Law Group Accident & Injury Attorneys is here to review the details of your case and help you seek justice.
We have handled cases like yours since 2016 and are confident that our wrongful termination lawyer in San Jose has what it takes to provide the advocacy you deserve.
What Is Wrongful Termination Under California Law?
Wrongful termination occurs when an employer fires an employee for illegal reasons, even in an at-will employment state like California. While employers can generally end someone’s employment at any time, they cannot do so in ways that violate state or federal law.
A termination may be wrongful if it is based on discrimination, an act of retaliation, or a breach of an employment contract. Employers also cannot fire workers for exercising legal rights, such as reporting harassment, taking protected leave, or refusing to engage in unlawful conduct.
Determining whether your termination was wrongful can be difficult, which is why it’s important to hire a lawyer. Our wrongful termination attorney in San Jose will review all the details of your firing and determine if you’re eligible to move forward with a claim.
Examples of Wrongful Termination
Wrongful termination can be identified through timing and sudden changes in how an employer treats an employee. In many cases, the firing happens shortly after the employee exercises a legal right or raises a concern the employer would rather avoid addressing.
Reviewing examples of wrongful termination can help you determine if your firing was unlawful and motivate you to reach out to a San Jose wrongful termination attorney for guidance.
The following are specific examples of wrongful termination:
- Getting fired shortly after reporting harassment, despite positive performance reviews
- Termination immediately after returning from medical, pregnancy, or family leave
- Losing a job after refusing to violate safety regulations
- Being laid off while coworkers with similar performance levels who are outside of your protected group keep their jobs
- Sudden termination following a complaint about unpaid wages or overtime
- Getting fired after requesting a reasonable workplace accommodation
- Getting fired after participating in an internal investigation
(310) 526-8383How a Wrongful Termination Lawyer Can Help You
Wrongful termination cases often come down to evidence and whether your employer’s stated reason for firing holds up under scrutiny. A lawyer can help you understand whether your termination violated California law and guide you through the legal process from start to finish.
Having representation can help level the playing field when dealing with employers and their legal teams. Here’s what our wrongful termination attorneys in San Jose will do to help you during this stressful and uncertain time:
- Review the facts surrounding the termination and identify potential legal violations
- Gather evidence, including emails, performance reviews, and other records
- Analyze the timing of your firing and workplace patterns that suggest discrimination or retaliation
- Communicate with the employer or their legal counsel on your behalf
- File required complaints with the appropriate government agencies
- Prepare your case
- Calculate how much your claim is worth
- Comply with filing deadlines
- Pursue the settlement and justice you deserve
As you can see, there are a lot of benefits to hiring an attorney after an unlawful firing. Getting legal help soon after your firing is in your best interest because it will allow our team to gather important evidence before it goes missing. We’ll also be able to collect testimony from co-workers and witnesses before their memories of key events fade.
Common Mistakes to Avoid After a Wrongful Termination
After a firing that seems unlawful, it is easy to make decisions that feel necessary in the moment but may hurt a potential legal claim later. At times like these, emotions run high, and the pressure of your situation can lead to missteps.
Fortunately, our wrongful termination law firm in San Jose can provide the counsel and information you need to avoid errors that hurt your case and chance at recovery.
Our team strongly advises against taking the following actions after a wrongful termination:
- Deleting emails, text messages, or workplace records related to the termination
- Posting details about the situation on social media
- Assuming at-will employment means the firing was automatically legal
- Confronting supervisors or coworkers in ways that create new issues
- Relying solely on verbal explanations without requesting written documentation
- Delaying speaking with a wrongful termination lawyer about your situation
Schedule a Free Consultation With a San Jose Wrongful Termination Attorney
Getting fired from your job for a reason that violates California law can be incredibly stressful, especially if the termination leads to financial instability and other challenges.
At Omega Law Group, we understand how difficult it can be to move forward after a wrongful termination, which is why we’re here to offer the support and advocacy you deserve.
Contact us today to schedule a free consultation and learn more about how our wrongful termination lawyer in San Jose can help you. We’ll meet with you to discuss your case and walk you through the steps we’ll take to protect your legal rights and best interests.
