Unexpectedly losing your job comes with a lot of challenging questions. What did I do wrong? How will I pay my rent this month? Can I still have a reference letter? What happens to my health insurance?
When your employer fires you for petty or unfair reasons, you may also wonder whether you could have a legal case against them. In California, employees fired under illegal circumstances can sue an employer and seek compensation for violating their rights.
This blog post will explain what employees who want to file a Right at School wrongful termination claim should know before taking action. We’ll discuss the legal definition of wrongful termination and offer some tips for building a case in California.
Can You Sue Right at School for Wrongful Termination?
Yes—provided Right at School had an illegal motivation for your firing.
Wrongful termination is a legal term used when an employee’s dismissal violates state or federal law. If Right at School terminated you for illegal reasons, you have a legal right to hold them accountable in civil court.
Let’s look at some common unlawful termination situations California employees face.
Employer Discrimination
California’s Fair Employment and Housing Act and Title VII of the 1964 Civil Rights Act bans workplace discrimination. Thanks to these laws, it’s illegal for California employers to fire an employee because of their:
- Race,
- Gender,
- Religion,
- National origin,
- Military status,
- Disability,
- Pregnancy status,
- Sexual orientation,
- Age (if over 40),
- Citizenship status,
- Political affiliation, and
- Other protected characteristics.
Discrimination can be an illegal motivator in your termination from Right at School in many ways. For example, a department head could engage in discrimination by firing an instructor who discloses his sexual orientation publicly. Discrimination could also be at play if an administrator is dismissed after submitting a request for pregnancy accommodations.
Whistleblower Retaliation
California law protects employees who raise the alarm about workplace misconduct or illegal activity from employer backlash. It’s unlawful for employers to punish an employee who:
- Files a sexual harassment complaint against a manager, colleague, or client;
- Reports fraudulent or unethical business practices;
- Speaks up about physical or environmental hazards in the workplace; and
- Discusses concerns about discrimination with a manager or HR.
Anti-retaliation protections aren’t limited to the employees who blow the whistle themselves. Any employee who participates as a witness in a workplace investigation is also protected from employer retaliation, whether in the form of demotion, harassment, or unlawful firing.
Retaliation for Exercising Legally Entitled Leave or Rights
California employees have the right to take a leave of absence in certain situations. Under the law, employers can’t discipline or punish employees for using their qualified leave time for:
- Specific family and medical events,
- Voting in elections,
- Performing military service, and
- Serving on a jury.
It’s also illegal for Right at School to fire someone for exercising their rights to a fair wage and benefits promised to California employees, e.g., overtime for nonexempt workers and workers’ compensation benefits.
Breach of Contract
Employers also engage in unlawful termination when they break the terms of an employment contract by firing someone. For example, many collective bargaining agreements require employers to follow specific rules when they want to fire someone, e.g., providing advance notice or having a just cause for dismissal. If Right at School ignores these rules when they let someone go, they risk legal penalties for wrongful termination by breach of contract.
Suing Right at School for Wrongful Termination
If you want to hold Right at School legally accountable for wrongful termination, you must prove that your firing was illegal.
You need to collect evidence that could shed light on your employer’s unlawful motives. Evidence that can be helpful in proving wrongful termination includes:
- Emails, letters, or other communications that show potential discrimination or retaliation;
- Past performance reviews, awards, and disciplinary records;
- The employee handbook or manual;
- Your employment contract or collective bargaining agreement; and
- Testimony from colleagues or witnesses to any discrimination or retaliation.
Requesting a formal termination letter if you haven’t already received one is also a good idea. Documenting your employer’s alleged reason for the dismissal is essential for building a case against them. Your HR manager should be able to give you a letter that states the official reasons for your firing.
You can begin filing your claim once you’ve gathered evidence to show that Right at School acted unlawfully. This process may take longer than many employees expect. In California, employees can pursue wrongful termination claims under several laws, depending on why they were illegally fired. Many of these laws have distinct rules and procedures for initiating a lawsuit.
For example, employees who believe they were fired for discriminatory reasons must file an administrative complaint with the California Civil Rights Department or the U.S. Equal Employment Opportunity Commission before bringing a lawsuit.
Each procedure often has its statute of limitations or deadline for taking action. Ensure you stay on top of these deadlines—missing them could end your chance of bringing a Right at School wrongful termination lawsuit.
How an Employment Termination Lawyer Can Help
Many employees are intimidated by the process of filing a wrongful termination lawsuit. Managing evidence gathering, paperwork, and complex legal terms can be overwhelming for someone still reeling from losing their livelihood. That’s why most successful cases of wrongful termination have the support of a legal professional.
An attorney trained in California and federal employment law can help:
- Inform you about your rights as an employee;
- Evaluate your situation and ensure you have a viable claim;
- Gather and preserve valuable evidence;
- Identify relevant witnesses and conduct interviews;
- Challenge Right at School’s pretextual reasons for your firing;
- Advocate for you in court or settlement proceedings; and
- Ensure you meet all deadlines and procedural requirements.
Employees can protect their rights and interests at every step of the legal process with an employment lawyer’s support.
Lawyers for Justice, PC: Your Right at School Wrongful Termination Lawyers
At Lawyers for Justice, PC, we understand that many employees can be uncertain about taking legal action in wrongful termination cases. California’s employment laws are complex, and challenging your former employer can be daunting. However, you don’t have to go through this process alone. For over a decade, our firm has been fighting alongside employees against unfair and abusive employment practices.
Our lawyers are seasoned litigators and compassionate advocates for California’s workers. Since our founding, we’ve helped recover millions of dollars in compensation for thousands of workers. Don’t let concerns about affordability stop you from reaching out. We offer free legal advice for wrongful termination clients. Contact our office to schedule a consultation with one of our legal advocates today.
Disclaimer: The information contained in this website is provided for informational purposes only and should not be construed as legal advice on any matter.
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