How San Francisco Employment Lawyers Fight Unlawful Dismissal

Were you laid off or fired recently on unclear or discriminatory grounds? When it comes to fighting against discrimination and injustice faced by employees, San Francisco employment lawyers are there with a strong action plan to resolve such issues.  So here, we will learn what is meant by unlawful termination, what is considered an unlawful termination, and how you can seek redress against unlawful termination.

What is Unlawful Termination?

Unlawful termination or wrongful termination or illegal dismissal is an instance where an employer dismisses or terminates the contract of an employee based on unlawful grounds. Being fired due to discrimination, contract violation, injustice, retaliation, and others are all considered as causes of unlawful termination. 

This unjust act can destabilize the victim’s financial position, cause emotional distress, and even damage their professional reputation. This is why San Francisco employment lawyers take a valid and harsh stand against this act by protecting the rights of citizens, providing legal assistance, and helping them pursue justice till the terminated employees are fairly compensated.

What Can Be Considered The Grounds For Unlawful Termination?

As per the state of California being an ‘at-will’ employment state, the employers can terminate their employees for any reason as long as it’s not unlawful. The common grounds for wrongful termination include discrimination, exposing or retaliating against illegal or unjust practices, and nullifying the employment contract. However, below you’ll find all the reasons that count as grounds for illegal termination:

1. Discrimination

In case you were discriminated against and fired because of your race, color, nationality, age, gender, sexual orientation, pregnancy, marital status, medical conditions or disability, religion, and other such factors, it is considered as unlawful termination.

2. Exposing Harsh Truths

Firing because of reporting illegal practices, harassment, discrimination, wage or overtime abuse, taking or seeking a legally guaranteed leave, or discussing pay, all are considered to be signs of an unlawful termination.

3. Cancelling Employment Contract

Although California is an at-will employment state, the termination is deemed illegal when it breaches an employment contract or even implied contract in case an employee has been assured through an employment handbook that he or she will not be dismissed unless on the grounds mentioned.

4. Justice Seeking

No employer is allowed to dismiss an employee because he or she is seeking justice or enforcing the law and legal obligations even when it involves reporting the illegal practices of the employers. The unwillingness to engage in an unlawful act committed by the employer cannot be regarded as a legitimate cause of termination of employment either.

How Will San Francisco Employment Lawyers Help Me Seek Justice Against Unlawful Termination?

The employment lawyers in San Francisco follow a step-by-step process for cases that involve employees taking a stand against them being unlawfully terminated. The primary approach during this process is to maintain a neutral standing that implies that the justice-seeker is considering unlawful termination a probability rather than a full-fledged allegation. The complete process of how San Francisco employment lawyers seek justice against unlawful termination is as follows:

Step 1: Documentation

Maintain a track-record of all your employment to termination including, emails, messages, written statements or any other type of documents. Attaching documents such as your performance records, employee policies, statements of eye-wittiness or co-workers, pay slips and bank statements will also help in building a stronger case.

Step 2: Get the Right-to-Sue Letter

An experienced employment law firm in San Francisco will be aware of the government agencies to submit your case to, including the California Civil Rights Department (CRD) or Equal Employment Opportunity Commission (EEOC) among others. In some cases, one of these agencies must provide a letter stating the right-to-sue before a lawsuit is filed.

Step 3: File the Lawsuit

Discuss your financing and remedy options with a wrongful termination lawyer Los Angeles and file the lawsuit to a court. In this process, your lawyer will guide you through the intricacies and strategy of your case after going through all documents and supporting information to prove your case. Find a company that will take the case fee only on winning the case.

Step 4: Build a Case Strategy

Prepare the precise incidences and make your employment attorney familiar with the case to enhance the legitimacy of your claim and negotiate the strategy and actions. Most of the employment law firms in San Francisco offer the first consultations free of charge and the lawyer charges 30-40 percent of the winning amount in most cases.

Seeking Justice Against Unlawful Termination: The Bottom Line

The battle against unjust firing can be a tough one if fought without the right San Francisco employment lawyer. However, with the right attorney to represent you and your case, you get the mental clarity of what your next steps are going to be so you can plan everything including your next career move, finances, and if you wish to settle your case with a compromise or follow through with litigation.