Top Cupertino, CA Wrongful Termination Lawyers Near You

What Is Wrongful Termination?

Wrongful termination is getting fired for an illegal reason. Most jobs are at-will, meaning your boss can fire you for any reason or no reason. However, California and federal employment laws protect workers from wrongful termination based on discrimination, retaliation, or other protected categories. Wrongful termination cases often involve claims of:

• Workplace discrimination
• Sexual harassment
• Reporting workplace safety violations
• Wage-and-hour violations
• Whistleblower retaliation

What Are Some Examples of Situations Where I Might Need a Wrongful Termination Lawyer?

You can benefit from the help of a wrongful termination lawyer if your employer fires you for any reason that is against the law. In addition to getting fired, you can also have a wrongful termination claim based on “constructive dismissal,” where working conditions are so bad that you are forced to quit. This can include:

• Reducing your pay or hours
• Taking away your benefits
• Subjecting you to workplace harassment
• Not making accommodations for a disability

Who Do You Report Wrongful Termination To In California?

You can file a wrongful termination claim with the federal government via the Department of Labor or the Equal Employment Opportunity Commission (EEOC). You can also file a claim with the California employment agency. Wrongful termination suits alleging that an employer fired an employee due to discrimination based on sex, gender, or race are generally covered under federal law, so you have protection in these situations, even if your state government follows at-will employment policies.

How Do You Prove Wrongful Termination?

Proving a wrongful termination case can be difficult, particularly in states with “at-will” employment policies, which allow an employer to fire an employee at any time, for any reason, and allow an employee to quit or leave the job at any time. Wrongful termination of an employee is an exception to at-will policies.

Evidence is the most important element in proving a wrongful termination case. You will need to collect all relevant employment documents and correspondence, as well as your contract, if one exists. This evidence can help determine, with legal counsel’s help if possible, if any laws were broken, especially regarding discrimination or retaliation.

How Long Does a Wrongful Termination Lawsuit Take?

While most law firms will remind potential clients that the time required to resolve legal suits can be unpredictable, wrongful termination lawsuits are often resolved in less than three years, with many cases taking less than a year. The EEOC imposes a filing deadline of 180 days from the last date of alleged discrimination for those who qualify. Therefore, it is important that individuals who believe they have been wrongfully terminated take action as soon as possible. The LawInfo directory can help you find Wrongful Termination lawyers near you in Cupertino.

Can You Get Your Job Back in a Wrongful Termination Lawsuit?

States with public policy exceptions, implied contract exceptions, and “implied-in-law” (or good faith) contracts are more likely to side with fired employees in wrongful termination suits than other states. Still, there is no guarantee that you will win. Financial compensation is the most frequent form of restitution in successful wrongful termination cases. However, the court may also impose a reinstatement order requiring your former employer to bring you back on board — provided you agree to return to work. Returning to your job is a possibility if your relationship with your employer remains in relatively good standing despite the wrongful termination suit.

How Can a Wrongful Termination Lawyer Help Me?

An experienced wrongful termination lawyer can give you the knowledge and backing you need to navigate the legal system in California. Because laws are different from state to state, speaking with a lawyer near you is critical in understanding all the elements of your situation and making the best decisions to move forward. A lawyer can:

• Evaluate your claim
• Offer legal expertise and advice
• Gather evidence
• Build a strong case strategy
• Interview witnesses
• Represent you in court or in settlement negotiations

What Could Happen if I Don’t Hire a Wrongful Termination Lawyer?

If you don’t contact a wrongful termination lawyer, you could be encouraging your employer to continue violating workers’ rights. Many workers never report wrongful termination, and their employers continue to discriminate against other workers. If you don’t file a wrongful termination claim, you could be missing out on compensation, including:

• Lost income
• Back pay and front pay
• Lost benefits
• Emotional distress
• Punitive damages

What Questions Should I Ask When Choosing a Wrongful Termination Lawyer in Cupertino?

These questions can help you decide if you feel confident that a lawyer has the qualifications, experience, and ability to manage your case. Many wrongful termination lawyers offer free consultations so you can review your options and get answers to specific legal questions. The top questions to ask include:

• What is your experience in handling wrongful termination cases?
• What are the potential legal grounds for my wrongful termination claim?
• What is the process for pursuing a wrongful termination claim?
• What damages can I seek in a wrongful termination lawsuit?
• How do you approach settlement negotiations with employers?

Tips for Hiring a Wrongful Termination Lawyer

Taking the time to find a lawyer who is right for you and will represent your best interests is an important first step in managing your defense and protecting your rights. Find a lawyer who understands your case, knows your needs and goals, and has the experience to get the best outcome. Things to do:

• Ask for recommendations
• Research lawyers online
• Schedule consultations
• Review experience and expertise
• Talk about billing and fees
• Trust your instincts