There are both Federal and State laws that protect employees from wrongful termination. If you feel that you have been wrongfully terminated, you do have options available to you. You can receive compensation from your employer in the form of lost wages, emotional distress, and other financial compensation. However, it is important to understand the facts that could form the basis of a wrongful termination claim.Under California Government Code §12940, a termination is considered wrongful, if it’s substantially motivated by a person’s race, gender, disability, national origin, religion, ethnic background or sexual orientation. While direct evidence to support such a claim is rare, an employee may establish a claim for wrongful termination based on circumstantial evidence and inferences that are drawn from the evidence. In addition, if an employee complains about discrimination and is then terminated, the employee may have the basis for a wrongful termination claim based on retaliation. Other basis for wrongful termination may involve whistleblower retaliation of first amendment retaliation. Such claims require the employee to engage in protected activity and then establish that the termination was motivated by the protected activity. In most cases of termination, the employer will try and build up a case to justify the termination so that they can claim that the termination was based on a legitimate business reason. It is up to the attorney to establish that the reasons provided by the employer are disingenuous, and that the real reasons motivating the termination are unlawful. Determining whether the facts leading up to your termination may form the basis of wrongful termination claim requires skill and experience. If you feel that you may have the basis for a wrongful termination and would like to have the matter evaluated by an attorney, you may contact the Law Offices of Joseph Avrahamy for a free evaluation of your case.
Wrongful Termination
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