Wrongful Termination Defense

Being accused of wrongful termination can be devastating to a business. Although one of your employees may think she or he was wrongfully terminated, the situations in which a wrongful termination lawsuit can be filed against an employer are limited. It is in the best interest of your business to consult with a wrongful termination defense attorney f you have been accused of wrongfully terminating an employee. Some of the most common circumstances in which wrongful lawsuits are filed include:

Discrimination: Federal and state laws protect employees from discrimination. This can include sexual harassment. An employee that is able to show that he or she was terminated based on protected characteristics may have a valid wrongful termination cause of action. The following are considered protected characteristics according to state and federal laws: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation.

Retaliation: It is against the law to terminate an employee when the employee provides information to a law enforcement agency regarding a violation of the law or other factors related to employment or workplace conditions. Retaliation also includes termination after reporting sexual harassment, taking family or medical leave, and more.

Contract Violations: Violating the terms of an employment contract is one of the most common wrongful termination causes of action. Generally, employment contracts can be enforced even if they are not in writing.Violations of employment contracts are particularly complicated.You should consult with a wrongful termination defense attorney before terminating an employee that may be under contract.

Refusal to Participate in Illegal Activity: In California, employees cannot legally be fired or be subjected to adverse actions for refusal to participate in illegal activities. The law also provides employees protection if they report illegal activity.

Contact Our Wrongful Termination Defense Attorneys

There are numerous causes of action for which a wrongful termination lawsuit could be threatened or brought against an employer. If your business fired an employee and that employee is alleging that the termination was based on discrimination, retaliation, a contract violation, or refusal to participate in illegal action you need to consult with an experienced wrongful termination defense attorney. The law provides for limited circumstances in which a wrongful termination lawsuit can be filed. Consulting a wrongful termination defense attorney as soon as possible can save you time and money.

If your business has been accused of wrongful termination, contact the wrongful termination defense attorneys at Arata, Swingle, Van Egmond & Goodwin at (209) 522-2211.