Santa Monica Wrongful Termination Attorneys
In the state of California, it’s unlawful for an employer to discriminate against an employee due to age, race, gender, national origin, religion or sexual preference. The most obvious form of wrongful termination is often based on race, gender or sexual preference. If you feel you have been terminated for any of these reasons, you may have a claim for wrongful termination.
What is retaliatory termination?
Retaliation occurs when an employer punishes an employee for exercising their employee rights or reporting illegal behavior. In some cases, this could involve an employee coming forward to report harassment, a failure to pay overtime, unethical conduct or safety hazards.
There are government agencies that are responsible for enforcing employment laws and protecting workers’ rights. However, these agencies rarely conduct their own investigations and sue employers for breaking the law. Rather, these agencies rely on employee complaints. And although employers may be investigated and fined, it is up to the employee to file a lawsuit to protect their own rights.
Hiring an experienced employment law attorney is critical to ensuring that your voice is heard, and that your employee rights are protected.
Examples of employer retaliation.
Retaliation and wrongful termination can occur for a variety of reasons. Fortunately, there are a number of laws that protect workers from employer retaliation. For example, you cannot be fired for:
- Making a formal complaint to HR or the Equal Employment Opportunity Commission about harassment or discrimination.
- Filing a complaint to your employer or the Department of Labor for failure to pay minimum wage and overtime, or denying legally required work breaks.
- Exercising your right to take leave from work under the Family medical Leave Act or taking time off to vote, serve on a jury or take paid sick leave.
- Reporting health and safety hazards to HR or the Occupational Safety and Health Administration.
Hire a wrongful termination attorney.
If you have been fired for exercising your rights as an employee, reporting harassment or discrimination, whistleblowing or taking any other action protected by law, then you need an experienced employment law attorney on your side. Schwimer Weinstein will help you level the playing field and ensure your rights are protected. Win With Us. Contact Schwimer Weinstein for an initial consultation today.