San Francisco Wrongful Termination Lawyer
Because California is an at-will state for purposes of employment laws, a company can terminate a worker at any time and for almost any reason. However, there is one key exception to this rule that affects the employer-employee relationship and touches on important civil rights concepts. It is unlawful for an organization to dismiss employees on the basis of certain characteristics or because they participate in protected activities. Therefore, an employee may have a claim for wrongful termination if the employer does not comply with federal, state, and local laws.
Employment laws that trigger civil rights issues are extremely complicated for both employers and employees, but you can trust our lawyers at Scott Wagner and Associates, P.A. to protect your interests. Please contact our firm to set up a case assessment with a San Francisco wrongful termination lawyer who can explain the relevant legal concepts. An overview may also help you understand your rights and options.
California Law on Wrongful Termination
Employers generally enjoy substantial leeway in managing the workforce in an employment at-will state, but there are restrictions under federal civil rights statutes and the California Fair Employment and Housing Act (FEHA). Generally, an employer cannot fire a worker or take other adverse action for reasons that are prohibited by law. For example, an organization may run afoul of employment laws terminating an employee on the basis of:
- Religion or creed;
- Race or national origin;
- Sex, gender, sexual orientation, and gender identity;
- Serving in the military; and,
- Other characteristics designated by federal and state statutes.
Plus, employees are also protected against wrongful termination if they participate in certain activities. It is unlawful for a company to take adverse action against a worker who files a discrimination claim, assists with an official investigation involving the employer, seeks workers’ compensation benefits, or alerts authorities about the employer’s criminal activities.
Representation in Wrongful Termination Cases
Our lawyers at Scott Wagner and Associates, P.A. deliver quality legal services in wrongful termination claims. The nature of our representation depends upon your position in such a dispute, therefore:
Employees: If you suspect that your employer terminated you for illegal reasons, we can help with filing the necessary forms with the California Department of Fair Employment and Housing (DFEH). In some cases, we are able to resolve a charge through settlement or mediation, though we will take your case to court if the administrative process is unfruitful.
Employers: For a company, the first strategy for avoiding wrongful termination allegations is to implement appropriate policies regarding training, complaint procedures, and disciplinary measures. If an employee files a charge despite these protective measures, we are prepared to represent you at a DFAH hearing or in court.
Consult with a San Francisco Wrongful Termination Lawyer About Your Options
If you or your company is involved with a dispute over wrongful termination, it is critical to retain experienced legal representation right away. Our attorneys at Scott Wagner and Associates, P.A. can help if you were fired for questionable reasons, and we are ready to assist companies with compliance issues. To learn more about our services, please contact our offices in San Francisco, CA to schedule a consultation.