San Bernardino Wrongful Termination Lawyer

San Bernardino Wrongful Termination Attorney

Working hard and progressing on a career path takes time, energy, and dedication that can be very rewarding. A job provides necessary funds in the form of a paycheck but also a sense of accomplishment, stability, and purpose. Losing a job abruptly can be a challenging experience for anyone to go through. It can be an even more challenging experience if the job is lost due to wrongful termination.
When an employee is wrongfully terminated, it can be a very confusing and frustrating time. The employee may feel like they have nowhere to turn and may not know what their next steps should be. This is where a San Bernardino wrongful termination lawyer can help. A wrongful termination lawyer will be able to review the circumstances of the termination and help their client determine if they have a case. If the termination in San Bernardino is found to be wrongful, the lawyer will then work to get their client the compensation they deserve through a wrongful termination claim.
No one should have to worry about losing their job unfairly. Contact the wrongful termination attorneys at Clark Employment Law today if you feel like you have been wrongfully terminated. We will closely review your legal case and help you determine the best course of action. You deserve to be compensated for the wrong that has been done to you, and we will fight with focus and precision to make sure you get what you deserve.

How Is Wrongful Termination Law Defined?

To understand what qualifies as wrongful termination, it is important to understand at-will employment first. At-will employment is a type of employment relationship in which either the employer or the employee can end the relationship at any time, for any reason. This is the default type of employment relationship in the United States.

While at-will employment gives employers a great deal of flexibility, it also leaves employees vulnerable to being terminated for any reason. This is where wrongful termination comes in. Wrongful termination is defined as a firing that violates either an employment contract or a law.

What Ways Can Termination Violate Employment Contract?

There are a few different ways that a termination can violate an employment contract that falls under the category of wrongful termination. This includes:

• Discrimination: An employee cannot be fired based on their race, religion, sex, national origin, or disability. These innate characteristics are protected under state and federal law. If an employee is fired based on any of these characteristics, it is considered wrongful termination, and they may be able to file a lawsuit.
• Retaliation: An employee cannot be fired in retaliation for engaging in a protected activity. Protected activities include things like filing a complaint about discrimination or harassment, testifying in a court case, or raising awareness of certain issues.
• Public Policy Violation: An employee cannot be fired for doing something that is in line with public policy. This includes things like taking leave to vote or serve on a jury, refusing to engage in illegal activities, or reporting workplace safety concerns.
• Medical Leave: An employee who takes medical leave cannot be fired because of it. If an employee is fired while on medical leave or shortly after returning from leave, they may have a case for wrongful termination. An individual’s health should never be used against them, and no one should have to choose between their job and their health.
• Marital Status: An employee cannot be fired based on their marital status. This includes being married, getting divorced, or entering into a domestic partnership.
• Pregnancy: An employee cannot be fired based on their pregnancy or for taking pregnancy leave. Pregnant employees are protected under state and federal law, and firing them would be a violation of those laws.

If you have been wrongfully terminated for any of these illegal discriminatory reasons listed above, you may be able to file a wrongful termination lawsuit against your employer. Only a detailed analysis of your individual case will give a clear answer, though, so it is important to consult with an experienced wrongful termination lawyer.

What Types of Actions Can Violate Laws?

There are also a few different ways that a termination can violate state or federal law, which would also make it wrongful. These include:

• Firing an employee in order to avoid paying them commissions they have earned
• Firing an employee in retaliation for reporting illegal activity that is going on in the workplace
• Firing an employee in order to avoid paying them overtime
• Firing an employee for taking leave that they are entitled to under the Family and Medical Leave Act
• Firing an employee in retaliation for filing their action to file a workers’ compensation claim

These scenarios give just a few examples of how an illegal termination can violate state or federal law.

What Should I Do If I Have Been Wrongfully Terminated in San Bernardino, CA?

If you believe that you have been wrongfully terminated from your job, there are a series of steps that you should take to protect your legal rights. These steps include:

• Gather any documentation that you have related to your employment, such as your employment contract, performance reviews, or pay stubs. These documents will be helpful in proving your case as necessary evidence to connect the dots for the court.
• Document any and all instances of discrimination, harassment, or retaliation that you experienced while employed. This will help prove a pattern of behavior on your employer that ultimately led to your wrongful termination.
• Speak with witnesses who may have seen or heard the discriminatory or retaliatory behavior that you experienced. These witnesses can provide valuable testimony to support your case.
• Meet with an experienced wrongful termination lawyer to discuss your case and determine what legal options are available to you. Also, an attorney can help ensure each step of the process is completed correctly in order to give you the best chance at success.
• Make sure not to sign any documents that your employer gives you related to your termination, as these may waive your right to take legal action. An attorney should review any such documents before you sign them.

Taking these steps after being wrongfully terminated can help you protect your legal rights and maximize your chances of success in a wrongful termination lawsuit.

What May I Be Compensated For?

If you are successful in a wrongful termination lawsuit, you may be able to recover a variety of different types of damages. These can include:

• Lost wages and benefits: The money you would have earned had you not been wrongfully terminated, including salary, bonuses, commissions, and vacation pay.
• Pain and suffering: The physical and emotional anguish that you experienced as a result of the wrongful termination.
• Punitive damages: Damages that are meant to punish the employer for their illegal actions.
• Emotional distress damages: Similar to pain and suffering damages, these are intended to compensate you for the mental anguish you experienced due to the wrongful termination.
• Medical Expenses: Any therapies or medication necessary to treat the emotional distress caused by the wrongful termination can be included in these damages.

FAQs on San Bernardino Wrongful Termination Lawyer

What is the average settlement for wrongful termination in California?

The average settlement for wrongful termination in California is $40,000. This can include lost wages, emotional distress, and punitive damages to generate that average sum.

How do I prove wrongful termination in California?

You may be able to sue your employer for wrongful termination in California if you can demonstrate that your employer violated state or federal law in terminating your employment. This can be done by presenting evidence of discrimination, harassment, or retaliation. An experienced wrongful termination lawyer can help you to gather this evidence and build a strong case.

How long do you have to sue for wrongful termination in California?

The statute of limitations for filing a wrongful termination lawsuit in California is two years from the date of the termination. These cases can be complex, so it is important to speak with an experienced attorney as soon as possible to ensure that your case is filed within this timeframe.

How much does it cost to file a wrongful termination lawsuit in California?

The cost of filing a wrongful termination lawsuit in California will vary depending on the specific facts of your case. You may be responsible for filing fees, expert witness fees, and other costs associated with pursuing your claim. An experienced wrongful termination lawyer can help you to understand the likely costs of your case and whether you may be able to recover these from your employer.

Contact Clark Employment in San Bernardino, California Today

If you have been wrongfully terminated, it is important to speak with an experienced attorney who can help you to understand your rights and options. The stress and uncertainty of wrongful termination can be overwhelming, but an experienced attorney can help you to navigate the legal process.

At Clark Employment, we have extensive experience handling wrongful termination cases in California. We will work tirelessly to help you obtain the compensation and justice you deserve. Contact us today to schedule a consultation and begin the process of holding your employer accountable for their actions.