Employee Rights Verses Wrongful Termination

In California, employment is considered "at-will," which means your employer can terminate employment for any reason or no reason at all. However, you still have rights. Federal and state laws and regulations protect employee rights, however, sometimes employers break these laws and wrongfully terminate an employee.

If a person is "Wrongfully Terminated" they may be entitled to many different types of damages.

Discrimination is illegal and it is unlawful to be terminated based on the following criteria:

– Race, color, religion, national origin

– Title VII of the Civil Rights Act of 1964
– It is illegal to terminate someone based on their heritage

– Disability

– The Americans with Disabilities Act of 1990
– One cannot be fired because of a disability.
– Reasonable accommodations that do not impose undue hardship must be provided for any disabled employee.

– Age

– The Age Discrimination in Employment Act of 1967
– Protects workers 40 years of age and older from wrongful termination due to age.

– Sex

– Title VII of the Civil Rights Act of 1964
– One cannot be fired based on gender or sexual orientation
– Equal Pay Act of 1963
– Prohibits sex discrimination in payment of wages to women and men performing equal work at the same establishment.

Here are several points to keep in mind when considering to file a wrongful termination lawsuit:

– If an employer fires an employee in violation of anti-discrimination laws, he/she can be held legally responsible for damages.

– If you have an employment contract promising you job security, you may not be an at-will employee. If your contract states you cannot be fired without good cause, you cannot be terminated without specification. This is known as breach of contract.

– It is illegal to terminate employment if the employee is taking time off from work in order to vote, military service, jury duty, or the Family Medical Leave Act (FMLA).

– Employers cannot force workers to break the law in order to do their job. If you refuse to break the law on the job and are subsequently fired, you should seek the advice of an experienced employee rights attorney at Del Rio & Carichoff, PC.

– Examples of damages one may be entitled to if wrongfully terminated are; back pay, promotion, reinstatement, front pay, compensatory damages, punitive damages and attorney fees.

There are many complicated steps that must be taken in order to file a wrongful termination or discharge claim. Del Rio & Carichoff, PC, Sacramento, California Employee Rights attorneys can answer all your questions, and a skilled, dedicated attorney from our firm can review the details of your case free of charge.

If you or a loved one has been wrongfully fired from the job or is a victim of discrimination based on race, color, religion, age, sex, or due to a disability, contact the experienced, caring employment attorneys at Del Rio & Carichoff, PC.

Contact Del Rio & Carichoff, PC. An experienced Sacramento employment attorney will review your situation for FREE. We handle all cases on a no win, no fee basis. This means that if there is no recovery, there are no attorney fees.

At Del Rio & Carichoff, PC we promise to fight for your rights and to win you the maximum settlement possible.


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