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Wrongful Termination FAQ

Orange County Wrongful Termination Attorney

If you believe you have been wrongfully terminated, it is imperative you receive answers and legal counsel right away. Our Orange County employment attorneys are available around the clock to assist you in fighting for the justice and compensation you deserve! For your convenience, we have compiled the following answers to common questions below.

Can I legally be terminated for being late to work?

California law allow "at-will" employers to terminate an employee for any lawful reason. An employer is only forbidden from acting in a discriminating manner or from violating a statute, public policy or contract. If you are a member of a union, however, you could have rights under the union agreement. In addition, if there are unique circumstances surrounding your case, it is advised you speak with an employment law attorney immediately.

If I am in a union, can I sue for wrongful termination?

It depends on your union agreement. Whenever a union is involved, it is advised that you secure the legal representation of a skilled Orange County employment attorney. Usually, you must exhaust the procedures laid out in a union agreement before you can take any court action. If you are the victim of discrimination, retaliation. or a whistleblower, however, you could still be justified in filing a lawsuit.

Does my employer have to give me the reason before firing me?

California is an "at-will" state, therefore the answer is no. Often times an employer may avoid giving a reason so as not to say the wrong thing and set the stage for a discrimination lawsuit.

If I was sick and had to take a leave of absence, is it wrong for me to be fired?

Employees who have to take a leave of absence as a result of an illness or injury have rights under the federal ADA or California Fair Employment and Housing Act. An employer cannot discriminate against an employee because of a disability or medical condition. Leaves of absences, when legitimate, are protected by law. If you think this is the only reason why you were fired, it is likely you can bring a lawsuit against your employer. It is advised that you do not delay in speaking with our Orange County employment law attorneys!

I refused my boss's advances and was fired. Is this illegal?

Yes! Sexual harassment is considered any unwelcome sexual advance, such as a request for sexual favors or other verbal/physical conduct of a sexual nature. A verbal advance could involve an oral or written request. When an employer implies that you must submit to his/her advances or else you could face termination, this is illegal. You may want an attorney on your side so that it can be clearly established that you were fired for refusing your boss's advances.

Can I be terminated if I have a contract with my employer?

Even if a contract exists, if you breached it, you could be fired. If you had an employment contract with your employer, it is advised that you speak with an attorney immediately. The team at Diefer Law Group, PC can examine your contract, discuss any of your alleged actions that could have led to your termination and look for any other evidence that could prove you were wrongfully terminated.

If my employer violated the terms in the employee handbook by firing me, can I hold him responsible?

While an employee handbook can create an implied contract, usually, an employer can chance his/her employment policies at any time, or in some cases, disregard. California is an "at-will" state, which means these types of cases can get complex quickly. It is always advised you secure legal counsel immediately. You may be able to get the most accurate information when you share the specific circumstances surrounding your case with an attorney.

What should I do if I believe I have been wrongfully terminated?

The most important step you can take to ensure that your rights are protected, is to speak with an employment law attorney immediately. At Diefer Law Group, PC we are prepared to investigate every aspect of your case and take any necessary action against your employer. Depending on your case, we can either seek to negotiate a severance agreement or we can take your employer to court. It is important that you remember that there is a statute of limitation for filing a lawsuit or administrative claim, so the sooner you can consult with a lawyer, the better!

What kinds of damages could be entitled to me?

Sometimes an employee could be entitled to contributions to pension accounts, back pay or payments for general damages. An employment law attorney can seek both compensatory damages, which compensate for your lost income and benefits and mental stress, and punitive damages ,a penalty against your employer, which can only be awarded at trial on your behalf. The circumstances surrounding your case dictate the amount of compensation you could be entitled to.

Should I look for another job, while my wrongful termination case is pending?

Yes! California law requires that you mitigate your damages (or seek other employment) while your lawsuit is pending. Keep record of all your attempts to apply for a job, from answering an ad to sending in a resume to making a call. It is advised you record the date, name of the company, position you applied for, name of the individual contacted and the company's response, so that you can show this in court, if necessary.

If you don't see the answer to your question on this page, do not hesitate to contact our experienced team of former employment defense attorneys now! We are 100% committed to representing you effectively and protecting your rights.

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