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4 Things to Know About Unlawful Termination

Thursday, December 14, 2017

Were you suddenly terminated from your job? Depending on your circumstances, you may be the victim of unlawful termination. Here are some tips and advice.

At-Will Employees

Most employees will not have a claim for wrongful termination against their former employer. This is because most workers are at-will employees. This means that their employer can hire and fire them at will. However, there are common exceptions to this, as you'll see in the following paragraphs.

Breach of Contract

If there was a contract that guaranteed employment to you for a certain amount of time, then your termination would be illegal. This contract doesn't have to be a written one. If you can prove that there was an implied or verbal contract, the courts may also deem the termination unlawful.

Breach of Good Faith

Sometimes, the courts will consider a termination wrongful if there was a breach of good faith. This is harder to prove, but it applies to certain situations. For example, if you were fired so that you can't collect sales commissions, or you were fired a few days before retiring even though you've been a model employee for many years so that your employer wouldn't have to pay for your retirement, that would likely be called wrongful termination.

Breach of Public Policy

There are certain reasons for which even at-will employees cannot be fired. This varies from state to state, but there are some that are universal. For example, if you were fired based on your sex, race, age, religion, etc (and in some places, your sexual orientation), that is illegal. Other breaches of public policy would be stuff such as being fired for taking off time to vote or in retaliation for reporting illegal activities.

For help with fighting an unlawful termination, contact us today!



Employment Law: What Can You Do If you Are Terminated Unlawfully?

Thursday, September 07, 2017

Many people feel that they don’t deserve to lose their jobs and some times they are right. If you feel discriminated against due to your race, age, pregnancy, or something else, you may have a case. If you were let go even though you had a contract in place, you may also have a case, though there are many different reasons why you may feel wrongfully terminated.

So, what can you do if you feel this way?

First, you need to get everything together. Make sure that you have your pay stubs as well as the information you got when you were hired and terminated. Then, write down everything that happened with your termination. It is also helpful if you can get witnesses and statements from witnesses, including the person who fired you!

Then, you need to seek the advice of a lawyer who specializes in employment lawA lawyer will listen to you and see if you have a case. If you do, he or she will help you through the entire process, making sure that you have all of the information that you need and that you are ready to go to trial, though hopefully, they will just settle.

Remember that you are a very special person. It can be hard to go through an unlawful termination case. Harsh things may be said in court and it is important to have support through this time. Keep your chin up and you will get through the case just fine!

As soon as you believe that you are unlawfully terminated, you need to get ready to sue your old boss. Start by collecting paperwork together and see a good lawyer who specializes in these types of cases. He or she will be a great help to get you through this difficult time!

Contact us for all of your legal needs. 



Employment Law and Unlawful Termination

Thursday, March 23, 2017

Have you been wrongly terminated from your job? Don't worry, there are legal bulwarks put in place so that you get the justice you deserve.

What does "Wrongful Termination" mean?

It's important to note that wrongful termination means something very specific in legal terms. Simply being fired for unethical reasons isn't enough of a reason to pursue a legal case against your employer. In order to win in the courts you have to show that you were terminated because of discrimination against your race, ethnicity, gender, disability, or due to religious beliefs. Being terminated for the act of whistle-blowing against your employer is grounds for legal action.

The concept of at-will and your rights

Employment in all states except Montana is considered "at-will" and ultimately subject to the whims of your employer. Termination over your race, gender, etc, or for retaliatory purposes such as punishing a whistle-blower, is against the law. However, if a contract that emphasizes job security exists between you and your employer, then at-will does not apply. Assurances of job security through conversation can also be a substitute for a contract in the event that one doesn't exist.

Protection against retaliation

Your employer does not have the legal right to terminate you for reporting sexual harassment or for other types of activities such as jury duty or taking medical leave. Terminating an employee for serving in the military, being absent from work to vote, and trying to establish a labor union would all be considered retaliation and punishable by law.

Please, contact us. We'll put the "right" in "wrongful termination."



Employment Law: Unlawful Termination Based on Filing a Worker's Compensation Claim

Thursday, February 09, 2017

California employment law sets forth the rules, regulations, statutes, and case law relevant to the relationship between employers and employees. Generally, employment relationships in California are "at-will", meaning that an employee may be terminated at any time, for any reason. However, there are notable exceptions to this general rule. One exception is that an employer may not terminate an employee for filing a worker's compensation claim. A worker who suffers an on-the-job injury is entitled by statute to file a claim for compensation.

An employee whose employment is terminated after filing or otherwise initiating a worker's compensation claim may have a claim against the employer for wrongful termination. Damages that a successful claimant might recover from a former employer include compensation for lost wages and the value of lost benefits. In some cases, successful claimants may recover damages for emotional distress and for attorney fees.

Generally, to prove unlawful termination based on filing a worker's compensation claim, the claimant must show that he or she was an employee entitled to receive worker's compensation benefits; that he or she filed a claim for worker's compensation; that he or she suffered an adverse consequence, such as termination of employment; and that the employer imposed the adverse consequence because of the filing of the worker's compensation claim.

It is important to seek legal advice from an experienced employment law attorney if you believe your employer wrongfully discharged you. Please contact us to discuss the facts of your case and your legal rights and remedies.



Exotic Dancer Files Lawsuit Claiming Unpaid Wages, Overtime

Thursday, October 17, 2013
An exotic dancer in Atlanta has filed a wages lawsuit against her employer, claiming violations of the Federal Fair Labor Standards Act.

In the lawsuit, the stripper Amanda Berry claims that she and another fellow exotic dancer at the same strip club were misclassified by the owners of the strip club as independent contractors. They were not classified as employees, and as a result, they were paid only tips from customers, and were not paid any overtime or even minimum wages.

The two worked at a club called Pin Ups, and according to the lawsuit, club management imposed additional fines as well as other fees on strippers, working at the club. There were widespread violations of their rights. For instance, if the dancers arrived late, they were fined. If they didn't appear on stage immediately when their names were announced, they were slapped with another fine. Fines were also levied if they were not ready on the dance floor within 30 minutes of arriving at the facility, and they were also fined between $35 and $95 a day, as bar fees, breathalyzer test fees, DJ fees, and “slow day” fees.

Not surprisingly, the club did not even bother to inform workers, or give them prior notice before terminating them. For instance, when a manager at the facility learned that Berry was pregnant, she was immediately fired.

However, the dancers may have a long uphill battle ahead of them, especially as they do not seem to have been salaried employees of the club. The dancers may take comfort from the fact that in 2009, several dancers at another Atlanta adult club settled a similar lawsuit. In that particular case, the judge ruled that the dancers were indeed employees, even though the club did not pay them any wages.


EEOC Files Age Discrimination Lawsuit against Mattress Firm

Friday, September 27, 2013

As the senior workforce in the country continues to age, California employment lawyers are likely to come across more cases involving discrimination against senior workers based entirely on their age. The Equal Employment Opportunity Commission has been taking a grim view of such occurrences. The agency recently filed a lawsuit against Texas-based Mattress Firm, alleging age-discrimination against employees.

The employees that are the focus of this lawsuit were employed at a facility in Las Vegas. According to the Equal Employment Opportunity Commission lawsuit against the company, company officials went about the deliberate process of making things very difficult for the older workers in Las Vegas. This was part of a systemic program to eliminate his older workers from the company, and replace them with younger workers.

Mattress Firm and 15 unspecified defendants have been named in the lawsuit. According to the lawsuit, a number of workers, including salespersons and store managers were all victimized as part of the company's campaign to phase them out of the firm, and replace them with younger workers.

The discrimination is alleged to have begun after the Mattress Firm acquired the Las Vegas mattress chain back in 2007. Older workers began to feel pressure from the firm, as they received not-so-subtle signs encouraging them to quit. Older workers who did not quit, or did not give in to the pressure, were fired.

According to the lawsuit, the Mattress Firm was very stringent in its discrimination against older workers, calling older workers “set in their ways” and “resistant” to change, and naming these the reasons why these workers were being phased out and replaced with younger workers.



Television Anchor Sues Station for Discrimination after Stroke

Tuesday, April 16, 2013

Often, California employment lawyers see that a person who has suffered a serious illness finds that the medical condition also affects other areas of his life, including his employment. A television anchor who suffered a stroke on the air and was then subjected to discrimination and wrongful termination, has now filed a lawsuit against the television station.

The anchor Doug Rafferty, had served as the news anchor for many years at WGME-TV. According to the lawsuit that has been filed against the station, Rafferty, who is now 61 years old, was serving as a news anchor for Channel 13 in Portland when he suffered a stroke on air during a broadcast in January 2006.

He had fully recovered from his stroke by 2007, and since then, he has not suffered any recurrence of symptoms. However, according to the lawsuit, that did not stop the TV station from discriminating against him. At the time of the stroke, his salary was approximately $93,000, with additionals of up to $30,000 a year and other wages. However, after he suffered the stroke he lost his extras although he retained his base salary.

In 2007, the station general manager informed him that he was being removed from the chair, or from his anchor position. At the time of being replaced, Rafferty was 55 years old, and his replacement was a person in his early 40s. He did some broadcast work over the years, but over a period of time, was given more duties in the information technology and computer infrastructure departments. Then, in 2011, he was informed that his salary would be further cut from $93,000 to $45,000 because his new duties were not as demanding as the older ones.

The lawsuit asks for a jury trial, as well as monetary damages for lost wages and benefits.



Catholic Teacher Who Was Fired for Unmarried Pregnancy Files Lawsuit against Church

Tuesday, January 08, 2013

Church analysts and California employment lawyers are watching an interesting new lawsuit closely. The lawsuit has been filed by an unmarried Catholic schoolteacher, who says that she was terminated from her job because she became pregnant.

The lawsuit has been filed against the Roman Catholic Archdiocese of Cincinnati by Kathleen Quinlan, a first grade teacher at the Ascension Catholic School. She claims in the lawsuit that she informed the school principal that she was expecting a baby. She claims that the principal told her that she should either resign, or expect a termination. She was given 3 days to clear out her things from the classroom.

Her termination letter clearly stated that she was being terminated because she violated a section of her employment contract. Under the terms of the contract, she was required to comply with the philosophy and teachings of the Roman Catholic Church. Quinlan later gave birth to twin girls.

Her lawyers insist that because she is a non-ministerial employee of the Church, she is not subject to any morality clauses. In her lawsuit, Quinlan also insists that male teachers, who are in the same capacity at the school, are not fired for engaging in premarital sexual relations. Her lawsuit seeks back pay as well as damages.

This is not the first time that the Cincinnati archdiocese has been faced with a lawsuit like this. Earlier, another single Catholic teacher who became pregnant through artificial insemination had filed a lawsuit against the Cincinnati Archdiocese. The Archdiocese said that the single woman acted against the Roman Catholic Church philosophy by getting pregnant using artificial insemination. Responding to that lawsuit, the Church claimed that artificial insemination was immoral, and completely against Roman Catholic Church doctrine. That lawsuit is still pending.




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