California Wrongful Dismissal Lawyer
Employees are safeguarded by laws against any unjust or immoral treatment from employers in the workplace, this includes wrongful dismissal and constructive termination. When there is a regular, part-time, probationary, contractual, and casual employee are all equally protected from inhumane misconduct and from those who would counter public policy considerations. If you are discriminated against or harassed at work consistently and for whatever reason possible, this accounts for a violation of public policy in California.
Our California Wrongful Dismissal Lawyers pride themselves in ensuring that they protect our employee clients from public policy violations at their line of work and from unjust employers who cause emotional distress and create an antagonistic work environment for everyone. Our expert Public Policy Lawyers in Southern and Northern California have the competence to fight for all employee rights. Our Wrongful DIsmissal Attorneys make sure that they exercise proper legal action that would result in the maximum compensation that would benefit all employee victims of public policy violations.
What Accounts For a Violation of Public Policy?
Violation of public policy touches on any act by the employer that humiliates or degrades the well-being of employees in their workplace. Some of these include violating the employee’s physical, emotional, psychological, and professional well-being, as is the case with wrongful dismissal and constructive termination.
Samples of Violation of Public Policy
All employees in California are protected by labor and employment laws against any form of discrimination at work.
The common varities of discrimination experienced in the workplace are as follows:
- Racial discrimination
- Religious discrimination
- Skin color discrimination
- Ethnic affiliation discrimination
- Disability discrimination
- Sex discrimination
- Gender discrimination
If you have experienced any of the forms of discrimination mentioned above, then you maybe a victim of a public policy violation. Furthermore, if you have not been provided with your primary employee benefits or terminated without just cause, then you are also a victim of wrongful discharge in violation of public policy.
Wrongful Dismissal as a Violation of Public Policy
Wrongful termination occurs when the termination of employment is without just cause, or the cause did not entail termination as a consequence for the employee. If your employer is ambiguous about the causes of your termination, or fails or refuses to engage in a discussion as to the core purposes of you being terminated, then you are a victim of wrongful discharge in violation of public policy, especially if your termination wasn’t due to contravention in company policies, poor performance, or conduct issues. Wrongful termination as a violation of public policy can also be contemplated for work provisions that impose involuntary termination as a consequence for violating said provisions.
Who Can Be Wrongfully Terminated?
There is a common misapprehension that only permanent employees can fall victim to a wrongful dismissal. This is not always the case since temporary employees can also be wrongfully terminated. If you are working in California, the prevailing work status of employees is “at-will” employment in the absence of a written contract or any agreement or implied contract of an employee’s employment status.
The main rule is only permanent employees can be victims of wrongful termination because “at-will” employees can be terminated at will. However, if the reason for termination of an “at-will” employee indicates to be inequitable, then these employees can still be victims of wrongful termination, which gives them the right to seek legal action against their employer for violations of public policy.
Some of these reasons include, but are not limited to, harassment, retaliation, and discrimination. If you are having issues at work and you are being terminated without just cause and don’t know what to do, it is viable to have our expert employment discrimination lawyers for your assistance. Our employment lawyers can explain to you the components of wrongful termination as a violation of public policy. Our wrongful dismissal attorneys will also inform you of the kinds of evidence you will need to convene to support your claims and enhance your chances of obtaining damages and compensation from the misconduct of your employer.
Constructive Termination as a Violation of Public Policy
Violations of public policy can still happen even after you’ve been terminated from work. Even after deciding to resign, you can still file for violation of public policy against your employer if questionable situations arise that have led to your resignation. If you were forced to resign because you experienced a hostile work environment created by your employer, this is called constructive discharge. Also known as constructive dismissal or constructive termination, employees are compelled to resign because of the destructive work environment created by their employer.
This may be due to consistent harassment, discrimination, or unfair treatment. Since the resignation was not truly voluntary, it is still considered a termination. In the improbable event that you contemplate resigning despite liking your work, having good benefits, and a good salary, then the reason could be that your employer is promoting a hostile work environment. Given these facts, a Law Mart constructive termination lawyer can walk you through how to gather the proper documentary evidence that would support your violation of public policy claims against your employer.
The Usual Alibi Given by Employers
If you are seeking a claim for wrongful discharge against your employer, it’s important to remember that they will always have prepared reasons against constructive termination, albeit misplaced. It is not wise to go after your employers by yourself because they have the means to make sure that your objections are denied or misconstrued. Before initiating to file for a wrongful dismissal case or complaint against your employer, make sure that you have gathered all the evidence you need to support your grounds, such as work memos, printed e-mail correspondence, saved letters or texts from your employers, as well as statements from your co-workers to support your claim.
Searching for Legal Help From Wrongful Dismissal Lawyers in California
If you are confident you were wrongfully terminated or harassed in violation of public policy, seek proper legal action with the navigation of our expert workplace harassment attorneys. You have the right to be reinstated at work with full back wages plus damages and other compensation if you were proven wrongfully terminated. Law Mart will provide you with the top employment-related legal services that you deserve. For any legal concerns, don’t hesitate to call or email us so that we can start the battle for your employment rights as soon as possible. Don’t delay your legal claim as our employment attorneys are always ready and willing to help our clients get the maximum compensation that they deserve and earned.
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