Wrongful Termination / Work
Harassment or Discrimination
The vast majority of employees today are
hired as "at will" employees, meaning that they don't have a formal
employment contract with their employer. An "at will" employee
can quit
a job at any time and an employer can fire an "at will" employee at any
time, as long as the employee is not fired for reasons that violate the
law or public policy. Employees may have a claim for illegal
discrimination or harassment even if they are not actually terminated
from their job.
Some examples of wrongful termination in violation of law or public
policy include termination based on age, race, gender, sexual
preference, religion, or national origin. There are also numerous
statutory protections prohibiting an employer from firing an employee
because of a job injury, a disability, "whistle blowing", medical leave
issues and the like. Sexual harassment, racial slurs or other types of
harassing conduct that create a "hostile work environment" can also
form
the basis of a discrimination / harassment claim.
Wrongful termination and/or discrimination is a complicated area of
legal practice. There are
numerous grounds upon which a wrongfully terminated, or discriminated
against, employee can sue
his or her employer. In California, there are also certain
"administrative" requirements that an employee must follow before a
lawsuit can be filed. These include filing certain forms with
government agencies, including the U.S. Equal Employment and
Opportunity Commission (EEOC) and the California Department of Fair
Employment and Housing (DFEH). Please see our links page to link
to these government agencies for further information.
What To Do After Being
Terminated or Discriminated Against...
If you have been terminated, discriminated against or harassed at work,
you must do what is necessary to protect yourself and
your legal rights. We suggest the following:
-
In the case of harassment or
discrimination, keep a journal of the dates, times, locations and
persons who are harassing you. Report the improper conduct to
your supervisor or their supervisor immediately. Once you report the
conduct, the employer should investigate your complaint and take
appropriate action to terminate it. If the employer refuses to
investigate or act on your complaint and the conduct continues, contact
a lawyer immediately.
-
Obtain the names and addresses of all
witnesses to the improper conduct right away.
-
If you are going to be terminated, try
and obtain a copy of your employment file.
-
Keep copies of all documents that your
employer gives you which state why you were fired. Obtain copies of any
documents which pertain to your firing, such as employment reviews,
notices, warnings, etc. Keep any other physical evidence which
confirms that the termination was wrongful.
-
Consult a lawyer immediately. A
lawyer
can help you preserve evidence and analyze
the case to determine if there has been wrongful conduct. A
lawyer will also help you with the necessary administrative forms that
must be filed.
Remember That Time Is
Of
The Essence...
You should not delay in speaking with a lawyer if you were terminated
or harassed / discriminated against on the job. A successful case
must
be
investigated immediately. Evidence must be preserved.
Additionally, the
law provides certain time limitations in which action must be taken. If
the required action is not taken within that time, your case will be
lost forever!
Contact Us Today at (310)
578-9777
for a Free Consultation!
Don't Delay!
Any delay in contacting a lawyer can damage your case!
Contact
us
for more info
|
){kind=link}