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Oakland Wrongful Termination Attorney

A wrongful termination case refers to a legal action in which an employee claims to have been fired or laid off for a reason that is not legal. Generally, the wrongful part of this equation amounts to a violation of either a state or federal law, and the consequences for you, as the employee, can be quite serious. The law, however, takes wrongful terminations seriously, and although these claims tend to be complicated, an experienced Oakland wrongful termination attorney has the drive and legal insight to help. 

Common Forms of Wrongful Termination

While every wrongful termination claim is unique to the people and the situation at hand, most fall into one of the following categories:

  • Termination that is against public policy
  • Termination in violation of an implied contract
  • Termination for exercising one’s rights under the Fair Employment and Housing Act or for engaging in protected political activities 
  • Termination for whistleblower activities
  • Termination for exercising one’s rights under the California employee leave laws
  • Termination based on filing a workers’ compensation claim or for reporting a work-related injury
  • Termination related to a violation of the Worker Adjustment and Retraining Notification (WARN) Act

Your Damages

The categories of wrongful termination damages (which are intended to compensate you for your termination-based losses) generally include:

  • Your lost wages, which amount to the pay you would have received if you hadn’t been fired, and any pay or back pay that was already owed to you
  • Your lost benefits (such as medical and dental benefits, your pension, or your 401k plan), which can be more challenging to quantify 
  • The emotional distress – or pain and suffering – you experience as a result of losing your job, which generally only applies if you can demonstrate that you suffered verifiable psychic pain
  • Attorney fees
  • Punitive damages that are designed to punish your employer (when willful and particularly egregious wrongdoing is involved)

At-Will Employment

At-will employment laws ensure that employees can be fired for nearly any reason – or for no reason whatsoever. This does not, however, mean that employees can be fired for reasons that are deemed illegal. While most employment contracts are considered at-will, California labor law ensures certain exceptions to this carte blanche approach, including

  • The implied contract not to terminate employment in the absence of good cause
  • The employer’s breach of good faith and fair dealing
  • Termination that is based on a violation of public policy, such as firing someone for refusing to violate the law

Further, a termination that is predicated on any of the following is considered wrongful:

  • Discrimination that is based on race, color, national origin, religion, sex (including gender identity, sexual orientation, and/or pregnancy), age (40 or older), disability, or genetic information
  • Sexual harassment and/or a hostile work environment
  • Wage and hour violations

It’s Time to Consult with an Experienced Oakland Wrongful Termination Attorney

The practiced Oakland wrongful termination attorneys at Bogaards Law in San Francisco appreciate the gravity of your situation and are committed to employing their wealth of experience in pursuit of your claim’s most advantageous resolution. To learn more, please don’t wait to contact us for a free consultation today. 

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