Understanding Your Rights: Legal Grounds for Alleging Wrongful Termination

Many employees who have legal grounds for filing a wrongful termination lawsuit are unaware of their rights under the law. But the more you know, the better equipped you are to protect your legal rights under employment and labor laws that are currently in place.

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Do You Have a Wrongful Termination Lawsuit?

The Law Office of Fahim Rahman has been helping employees who have been the victim of a wrongful discharge understand their legal rights and determine whether or not they have a valid wrongful termination case against their employer. Proving such cases can be difficult, particularly in the state of California which is considered an “at-will employment” state, which allows employers to terminate employees for any reason they see fit or they don’t have to give any reason at all.

But that stipulation does not apply to situations where an employer fired an employee for unlawful reasons and if you believe you were wrongfully terminated for illegal reasons under the law, you could be entitled to compensation in the form of lost wages and benefits, attorney and litigation fees, and punitive damages.

If you believe one of the following illegal reasons is why you were wrongfully terminated by your employer, it’s important that you discuss the facts of your experience with a wrongful termination attorney at the Law Office of Fahim Rahman. We can advise you on whether you have a case and the legal remedies that exist due to your loss.

Wrongful Discharge Based on Protected Class

Under California’s Fair Housing and Employment Act (FHEA), an employer may not fire employees due to their inclusion in a protected class such as race, religion, color, national origin, gender identity, age, disability, marital status, sexual orientation, serious medical condition, political affiliation, citizenship, or a decision to become pregnant.

An employee’s job should not be put in peril because of their background, sexual preferences, or their political views and a woman should not be forced to lose her position in the organization or her job in total all because she decided to get pregnant.

Violation of Whistleblower Protections

Any employee who comes forward to report occupational safety concerns, unsafe workplace environment, hour violations, or other illegal activity on the part of an employer to a federal agency or government agency is given whistleblower protections under state law.

The law prohibits employers from retaliating against an employee who reports illegal or unsafe activity on the part of their employer to a state or federal agency or a supervisor within the organization. If you believe your employment contract was terminated in retaliation for reporting one or more violations to a supervising individual or body, you may have a wrongful termination lawsuit.

Wrongful Termination Due to Exercising Sick Leave

Employers in the state of California are prohibited from terminating any employee who chooses to use his or her sick leave that has been rightfully accrued as per the Healthy Workplaces/Healthy Families Act of 2014. Under state law, an employee who has worked for an employer for over thirty days in a calendar year is entitled to receive paid sick leave.

Any employee who is entitled to use his or her paid sick leave may do so to take care of him or herself or another individual such as a biological, adopted, foster, or stepchild, grandchild, parent, grandparent, sibling, spouse, or domestic partner. Paid sick leave extends to taking time off from work to receive diagnostic care or seek treatment for a pre-existing health condition.

Any employee who believes he or she was terminated from their position of employment for taking sick leave that was rightfully earned by law may be able to bring a case of wrongful termination against their employer.

Violation of the Family Medical Leave Act (FMLA)

Any employee who is discharged for requesting information on, or intends to exercise their right to take family medical leave may have been the victim of a wrongful termination under the Family Medical Leave Act.

Employees who believe they have suffered discrimination due to a request to use paid sick leave or after returning from FMLA-eligible leave may have a wrongful termination claim against their employer.

Wrongful Termination for Filing a Workers Compensation Claim

In the state of California, employers are required under law to have workers’ compensation insurance and any employee who suffers an injury or illness while on the job is entitled to file a claim to participate in workers’ compensation benefits. The law prohibits employers from retaliating against any employee who exercises his or her right to report a work-related injury or illness and file a workers’ compensation claim.

If you were the victim of retaliation or termination of your employment after filing a claim for workers’ compensation insurance, you may have a wrongful termination case against your employer.

If you feel you were wrongfully terminated for violating public interest or policy, speak to a wrongful termination lawyer at the Law Office of Fahim Rahman. Our team of attorneys has defended the rights of clients who have been given ultimatums by unscrupulous employers to break the law or lose their job. This is not only unethical it is highly illegal and we are ready to protect your rights in a court of law.

This can be an intimidating and often anxious situation. Suffering a job loss is stressful enough but losing your job as a result of a wrongful termination can have you wondering where to turn and how to defend yourself in the face of overwhelming circumstances. But you don’t have to go it alone and we strongly recommend that you speak with an employment lawyer who has the skills, knowledge, and experience in dealing with employers who willfully disregard the protections the law has given employees.