Oakland Wrongful Termination Attorneys

Tens of Millions Recovered for Our Clients

Workplace injuries give the injured employee the right to file a claim for workers’ compensation. Despite California laws which clearly lay out this right, many employers choose to retaliate against employees who do file a workers’ comp claim. While all forms of retaliation are illegal, the last course of action is naturally the most severe.

If you were terminated after filing a workers’ compensation claim, we at Pacific Workers', The Lawyers for Injured Workers want to help. Our team of retaliation attorneys​ ​​​​​​share more than 130 years of experience and believes in the just treatment of all Oakland employees. With our firm on your side, you can confidently stand up to mistreatment in the workplace.

When is a Termination “Wrongful?”

Employers have the right to fire their employees but only when their reasons for doing so don’t violate the law. In the United States workers are protected from being let go from their jobs unfairly. Many of these laws focus on preventing workplace harassment, a common cause in wrongful termination, however, there are a few other laws preventing firing in the case of a breach of contract and whistleblowing, among others. At times, employers will choose other relation tactics other than firing.

This retaliation can take place in many forms, including:

• Demoting the employee
• Discriminating against the employee
• Firing the employee altogether

Let us review your case for free! Simply submit an online form and we’ll do the rest.

Understanding Wrongful Termination in California

California is an “at-will” state; that means employers in California reserve the right to fire an employee at any time, with or without notice, for nearly any reason. However, an employer cannot fire you for reasons that are discriminatory or retaliatory in nature. As a person and an employee, you have rights. If an employer violates those rights by terminating your employment, you have grounds for a wrongful termination suit.

To put it simply, you can file a wrongful termination complaint if, in firing you, your employer violated:

• A state law
• A federal law
• Public policy
• Your employment contract

In other words, if your employer violated the law in any way in firing you, that is considered wrongful termination. This means your employer cannot fire you because of your race, ethnicity, age, sex, disability, religion, marital status, or any other protected class. You also cannot be fired in retaliation for seeking workers’ compensation or if you suddenly become disabled due to a work-related injury.

Common Reasons for Wrongful Termination Lawsuits

Just as an employer cannot violate your rights in firing you, your employer also cannot fire you for exerting your rights. This means that if you are fired after filing a workers’ compensation claim, you may be able to take action against your employer.

Some of the most common reasons wrongful termination lawsuits are filed include:

• Allegations of discrimination based on race, color, disability, age, sex/sexual identity, etc.
• Termination after taking protected leave under the Family and Medical Leave Act
• Retaliation for seeking workers’ compensation benefits
• Retaliation for whistleblowing/reporting illegal employer activities
• Termination after exercising the right to vote/protesting public policy
• Employee’s refusal to take part in illegal activity
• Retaliation after filing a complaint of workers’ law violations

Remember: you cannot file a wrongful termination lawsuit just because you were fired and you believe it was unfair. Your employer can fire you for virtually any reason except for those listed above. If you believe your rights were violated, reach out to our wrongful termination lawyers to learn more about your legal options during a confidential case evaluation.