California is considered an “at will” state. That means that just as you can quit your job at any time, your employer can end your employment any time they want.
Your employer does not have to have a reason to fire you. He does not even have to be “fair.” They can fire you for a reason that isn’t true. All of these actions are legal.
But if you believe that you are a victim of illegal firing, wrongful termination lawyer Philip W. Ganong can listen to the details of your case at his Bakersfield, CA, law firm.
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Yet even as an at-will employee, there are certain reasons you may be fired which are considered wrongful termination and which may make be eligible for compensation from your employer.
If you are fired or laid-off illegally, you may be eligible to receive lost wages and benefits. You may even be able to get your job back.
If you were fired for one of the reasons above, it is doubtful that the company is going to come out and tell you so. They will attempt to make your firing or lay off sound as legitimate as possible.
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Your supervisor might even convince other employees or supervisors to make complaints about you. Maybe, after a long history of positive evaluations, you suddenly get a written notice of warning.
If you think you are being set-up for a wrongful termination, begin keeping a written record of the events surrounding your firing.
You will want to keep track – in writing – of dates, locations, and names of those involved in performance reviews, off-hand comments, commendations and reprimands about your work. It’s best to keep these notes in a safe place. And not at work!
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These records will be helpful if you apply for unemployment insurance. If the employer wants to challenge your claim, you may need to show that the employer fired you illegally.
If you believe you have been wrongfully terminated, it is a good idea to sit down and write out everything you can remember.
The wrongful termination attorneys at Ganong Law in Bakersfield, CA, recommend that you do not quit work without seeking legal advice first.
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An employee who quits work because of harassment faces a much tougher task of proving their case. Always report the harassment to your supervisor or their bosses and document the harassment in writing. Keep a copy in a safe place; not at work.
If your termination involves discrimination, you will need to file a complaint with theCalifornia Department of Fair Employment and Housing(DFEH) or with the United StatesEqual Employment Opportunity Commission(EEOC).
The wrongful termination attorneys at the Ganong Law Firm will immediately begin building your case, collecting documents before they are destroyed or lost, and interviewing witnesses before memories fade or witnesses disappear.
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Another reason to contact a wrongful attorney as soon as possible is because there are deadlines by which time you must file your lawsuit. If you miss one of these deadlines, you lose forever your right to bring this wrongful termination case.
A Ganong Law in Bakersfield, CA, wrongful termination attorney works for you on a contingency basis. This means you pay nothing until your case is resolved in your favor.
Contact aGanong Lawwrongful termination attorney for aFREE, CONFIDENTIAL, no-obligation consultation.We will be able to tell you your legal options so that you can take the action that is best for you.
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A:If you do not have an employment contract – which may be either a spoken promise or a written promise – then you are an “at-will” employee. Your employer does not have to give you any warnings before firing you. But even an at-will employee can be wrongfully terminated if the firing is due to, for example, discrimination or retaliation.
Q:My manager made my life so miserable that I couldn’t take it anymore and finally quit. Can I bring a wrongful termination lawsuit against her?
A:When a supervisor makes the conditions of your employment intolerable, forcing you to quit, it is called constructive termination. You may have a wrongful termination lawsuit against the company. However, it is better to seek legal advice before you quit. It also is critical to your legal position that before you quit you report your supervisor’s conduct.
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Q:When I was fired I had three weeks of accrued vacation time and five sick days remaining. My employer refused to compensate me for them. Can he do that?
A:The courts have ruled that vacation time is a form of wages. California prohibits “use it or lose it” policies in which employees lose their earned vacation that is not taken at a specific time. All earned vacation time is due and payable at the time you were terminated.
Sick days are different. These are not considered a form of wages and the company does not have to pay you for the days you earned and have left.
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A:Not necessarily. Generally you are exempt from overtime if you are a manager, a licensed professional, or in charge of your own hours and work. But whether you are owed overtime or not has nothing to do with being paid a salary. Even an manager who does the same work as an hourly employee may be entitled to overtime. It is best to speak to a wrongful termination attorney to determine your situation.
Ganong Law has been helping clients recover compensationfor nearly 40 years. Attorney Philip W. Ganong is a member of several legal organizations, including:
*Disclaimer: the information provided by this website is for informational purposes only and should not be considered legal advice or a substitute for competent legal counsel.This is personal for us. We know the difference between right and wrong and have based our entire careers on reminding others of that distinction.
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When you are terminated from a job, it never feels good. However, if you were wrongfully terminated from your Bakersfield employer, you may be able to seek compensation. While California is an “at-will” employment state, either party can decide to terminate the employment relationship at any time but the existence of state and federal laws that provide employers obligations, an exception to the contrary which could mean that you were wrongfully terminated from your Bakersfield employer.
If you believe you have been wrongfully terminated, you need to get legal assistance as soon as possible from an employment attorney serving the Bakersfield area. At Miracle Mile Law Group, our wrongful termination attorneys can help you obtain the compensation that you or your loved one deserves. If you work in the Bakersfield area, call Miracle Mile Law Group to obtain legal representation in order to pursue your Bakersfield wrongful termination claim.
Bakersfield, in Kern County, California, is a city comprised of over 800, 000 people with almost 50, 000 businesses. With such a large number of employers and employees, wrongful termination runs rampant within the district. Luckily, the lawyers here at Miracle Mile Law Group are versed in employment law and can provide straightforward and aggressive representation to protect your rights. Call (888) 244-0706 to discuss the strengths of your wrongful termination case.
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Our partners are not only knowledgeable about wrongful termination laws, but they have gone against large Fortune 500 companies as well. No matter how small or large your employer is, our attorneys will fight to get you the compensation you deserve out of your case. Our firm understands how companies try to vigorously defeat and destruct employee wrongful termination lawsuits. That said, our wrongful termination lawyers know employer tactics and are well versed in proving wrongful termination cases in order to obtain lost wages, front pay, back pay, emotional distress damages, and punitive damages for our clients.
Miracle Mile Group will provide you a free and confidential case review to see if you have a wrongful termination case. Trust our law firm, we have a 5-Star Yelp and Google Rating for serving employees statewide.
California is considered an “at-will” employment state. That means your employer can fire you for almost any reason or for no reason at all. However, even though California is an at-will state, it does not give employers free rein to do whether they want. The reason you were fired must be within the confines of the law and
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