Practice Area
Wrongful Termination
Bluestone Law Represents Victims of Wrongful Termination
Job termination can be a devastating event in an individual’s life, especially when the termination is unjustified or not related to work performance. This is known as wrongful termination. At Bluestone Law, we specialize in defending employees who have been wrongfully terminated by their employers. If you believe you were wrongfully terminated, it is essential to understand your rights and the options available to you.
Wrongful termination occurs when an employer fires an employee for reasons not related to work performance or otherwise illegitimate reasons. In California, employers are generally permitted to terminate employees with or without cause at any time, except when the termination violates public policy or state and/or federal laws. As such, not every unfair reason for termination qualifies as wrongful termination. It is crucial to recognize the distinction between unfair termination and wrongful termination.
Common Reasons for Wrongful Termination:
There are several common reasons for wrongful termination, many of which are prohibited by law. These include:
Refusing to Break a Law: An employer cannot terminate an employee for refusing to partake in illegal activities or violate the law.
Discrimination: It is illegal for an employer to terminate an employee based on their age, race, national origin, gender, disability, medical condition, religion, pregnancy, sexual orientation, or membership in other protected classes.
Retaliation: Employees cannot be terminated for reporting or complaining about unlawful discrimination or harassment, including sexual harassment.
Whistle-blowing: Employees who report or complain about violations of the law, including workplace safety regulations or wage-and-hour violations, are protected from termination.
Medical Leave: Employers cannot terminate employees for taking legally protected medical leave, such as disability leave.
Disability Accommodations: It is illegal to terminate an employee for requesting reasonable accommodations for their disability.
Reporting Illegal Actions: Employees who report an employer’s illegal actions, such as fraud, to government authorities (whistleblowing) are protected from termination
If you have been wrongfully and unlawfully terminated, you have the right to seek compensation for damages, including lost wages, benefits, and emotional distress. In some cases, you may also be entitled to punitive damages, which serve to punish the employer for their wrongdoing and deter future violations.
Forced/Constructive Termination
It is important to note that wrongful termination does not necessarily require an explicit act of termination by the employer. An employer’s conduct may have the legal effect of terminating an employee, even without a formal termination. This is known as “constructive discharge.” Constructive discharge occurs when an employer causes working conditions to become so intolerable that an employee feels compelled to resign. In such cases, the employee’s resignation may be treated as a termination, and the employee may be entitled to the same remedies as if they were explicitly terminated.
Seek Legal Help for Wrongful Termination
Wrongful termination can have a significant impact on your life, from financial hardship to emotional distress. If you believe you have been wrongfully terminated, it is essential to seek legal assistance. At Bluestone Law, we are committed to defending your rights and pursuing justice on your behalf.
Our team of experienced attorneys will conduct a thorough review of your case, gathering evidence, and building a strong argument to hold your employer accountable for their actions. We will guide you through the legal process, ensuring you understand your rights and the options available to you. Our goal is to achieve the best possible outcome for you, whether through negotiation or litigation.
You deserve to be treated fairly and justly in your workplace. If you have been wrongfully terminated, we are here to help you seek the compensation you deserve and ensure your rights are protected. Contact Bluestone Law today for a free consultation and let us fight for you.
