Trusted Solana Beach Wrongful Termination Attorney Ready To Help You
Most people begin a job with the expectation of longevity and workplace satisfaction. Ideally, your job would meet most of your needs—decent salary, friendly work environment, close to home, etc.
However, in some cases, that job offer that seemed to be well worth it turns into something from a nightmare. Maybe you have found yourself in a situation that led to disciplinary action on the job or even wrongful discharge. In any scenario, you have rights as an employee in the State of California.
If you are in need of a wrongful termination attorney near you, the John W. Dalton Law Offices can assist you today. You will need a Solana Beach wrongful termination lawyer that is on your side and experienced in handling wrongful termination claims successfully. Contact us today.
What Is Wrongful Termination?
Wrongful termination, wrongful dismissal, and wrongful discharge mean the same thing. Wrongful termination essentially means that you were discharged because of an illegal reason. Since California provides for “at-will” employment, no employer needs a reason to fire you. California law solely requires that your employer not terminate you for an improper reason. The state classifies some of those improper reasons as:
- Discharge based on a protected characteristic such as age, sexual orientation, or gender;
- Discharge based on retaliation for an employee exercising a legal right; and
- Discharge based on taking job-protected leave.
There is no requirement for actual dismissal in some situations. California law also provides recourse for employees after constructive termination.
Wrongful Constructive Termination
Constructive termination occurs when an employer makes an employee’s work conditions so unbearable that the employee has no choice but to resign.
Several circumstances may be considered constructive termination. For example, you are being sexually harassed and your complaints do no good, and you feel you have no choice but to quit. Perhaps your employer gave you significantly fewer shifts after you reported unfair working conditions. Or an employer who dislikes you because of your sexual orientation may persistently single you out for criticism until your working conditions become unbearable. Generally, if you find yourself in a situation where you felt no choice but to resign, you may have suffered wrongful constructive termination.
Whether you are dealing with actual wrongful termination or constructive termination, you will need an experienced wrongful termination lawyer on your side. Do not hesitate to reach out to our firm today to get your wrongful termination case started.
California Wrongful Termination Laws
California’s Fair Employment and Housing Act (FEHA) and California Family Rights Act (CFRA) are the two most important California laws that protect employees from unfair treatment by their employers. Employee rights are of the utmost importance in California, so it naturally follows that the California Code delineates additional prohibitions for employers that are not specifically outlined in FEHA or CFRA.
California Fair Employment and Housing Act (FEHA)
FEHA is applicable to both public and private employers. FEHA protects employees and job applicants from workplace discrimination. The Act also prohibits employer retaliation against an employee attempting to assert their legal rights. Though this portion of FEHA applies only to employers with five or more employees, harassment is prohibited in all places of employment.
If you have dealt with wrongful termination and you believe the reason was solely based on your being a member of a protected category, contact attorney John W. Dalton now.
California Family Rights Act (CFRA)
CFRA applies to employers with five or more employees. This Act protects workers’ rights to spend time bonding with and caring for their families. Specifically, the Act requires employers to provide eligible employees with job-protected leave to care for a child, spouse, domestic partner, grandparent, grandchild, or sibling with a serious health condition, and for the employee’s own serious health condition. Eligible employees are given the right to bond with their child within one year of the child’s birth, adoption, or foster placement.
It is increasingly common for employees to lawfully take time off work only to be penalized by their employers. Sometimes penalization can be a workplace demotion or an outright wrongful termination or dismissal. If this has happened to you at your job, be aware that you have rights in California.
Our firm has consistently received outstanding results for clients. Some of our largest cases have yielded tens of millions of dollars. Depending on your unique wrongful termination case and the amount of money your employer owes you, you could be awarded tens of thousands of dollars. Each wrongful termination case is different and will require you to contact our wrongful termination lawyer to get a better idea of what you can expect to receive.
Contact our Solana Beach Wrongful Termination Attorney
Attorney John W. Dalton handles all his wrongful termination cases with extreme care and attention to detail. Rest assured that your case will be no different. John has decades of experience as a wrongful termination lawyer.
We provide aggressive representation that has consistently brought in positive results for the hundreds of clients we have served over the years. Call us to get into contact with your Solana Beach wrongful termination lawyer today.
John Dalton is an experienced Solana Beach employment lawyer. He understands that your claim may deal with very sensitive matters, and he will fight for you. John prides himself on providing clients not only with professional and competent representation but with compassionate representation that gets results.
Our experienced legal team also handles clients with other types of employment cases including work discrimination, unsettled overtime, and unsettled wages.
Our firm has secured some of the largest settlements and verdicts for clients in California over the past few decades. With his years of experience in the field, John Dalton is a Solana Beach wrongful termination attorney that you can rely on. When you contact our firm, you can trust that you will get an attorney, not a receptionist or a paralegal. You will get the aggressive representation that will give you the support you need to win your case.