Wrongful Termination Lawyer in Oakland

Defending California Employees Who Were Unlawfully Terminated

California is an “at-will employment” state, which means that any employee can be terminated without the employer having to provide a reason. This can make it difficult to prove that your termination was wrongful.

There are, however, numerous exceptions to the “at-will” employment doctrine that give employees significant rights. Some of these exceptions include:

• Employees who are discriminated against because of gender, age, race, religion, national origin, pregnancy, or disability.
• Employees who are subjected to sexual or other types of harassment.
• Employees who are retaliated against for opposing illegal practices of their employer.
• Employees who are terminated because they take FMLA leave.
• Employees who are not being paid proper wages and overtime.

These exceptions highlight the importance of understanding your rights as an employee in California. It’s crucial to consult with a wrongful termination lawyer who can help interpret complex employment laws and decide on the best course of action. Often, these laws provide robust protections in specific circumstances that can make a significant difference in securing justice.

Do you believe you may have been let go from your job illegally? Discuss your situation with the wrongful termination attorney in Oakland at Benton Employment Law, PC as soon as possible. Founding attorney Chambord Benton-Hayes is a highly accomplished attorney who is passionate about restoring the rights of her clients and ensuring California workers are treated fairly. Our staff will do everything we can to defend your legal rights and seek the just resolution you are entitled to.

The above categories are some scenarios in which employees have special legal rights, but there are many other protected categories as well. Pursue the compensation you deserve, with a wrongful termination lawyer. Call (510) 650-0250 or contact Benton Employment Law, PC online to learn more about your options during a free consultation.

The Dos and Don’ts of Wrongful Termination in Oakland

If you believe you have been wrongfully terminated, be sure to do the following:

• Get Reference Letters from your supervisors.
• Ask Your Employer to give you a written explanation for your termination.
• Return All Company Property, including all company documents.
• Seek advice from a wrongful termination lawyer near you if you have any questions about whether or not your termination gives rise to a legal claim.
• Review Your Non-Compete Agreement, if any, and consult with an employment attorney about its enforceability if this is an issue for you.
• Write Down Contacts, including names and contact information of other company employees who may be valuable contacts or potential witnesses.
• Be Careful about any verbal or written statements you make to company employees, and remember that those statements may later be used against you.

Additionally, consider maintaining detailed records of any communications with your employer post-termination. This might include email exchanges, meeting notes, or any correspondence that could be relevant. It is also wise to document any instances of perceived unfair treatment during your employment, as these records might support your claim.

If you were wrongfully terminated, DO NOT:

• Openly express your anger or make any threats.
• Sign a release of claims unless you are certain that you do not want to pursue legal action. Consult an employment lawyer first if possible.
• Assume that you won’t be able to negotiate better terms for your severance arrangement. If possible, seek the assistance of an employment lawyer to negotiate your severance.
• Say or do anything that provides your employer with “cause” for your termination. Even though you may have already been given notice of your termination, continue to respect all company rules.
• Take any company documents that are not yours, even if they’re needed to “prove your case.”
• Send any written complaint or grievance letters to company officers, human resources (HR), or managers without first consulting an employment lawyer for advice.
• Write any flattering letters to your boss or to the company if you are considering taking legal action.

Filing a Wrongful Termination Claim in California

If you have not received all the back wages and commissions due to you, make a formal written demand on the company, including your name and address where the wages and commissions may be sent to you. If you still do not receive anything, see a wrongful termination attorney in Oakland as soon as possible.

If you think you may have been discriminated against with regard to your termination on the basis of age, sex, religion, race, national origin, or disability, you may need to file a charge of discrimination with the EEOC within 300 days of your first notice concerning your termination. While you can file a charge without legal representation, you should seek counsel to help you in this process.

It is also imperative to note that wrongful termination cases must adhere to strict deadlines, known as statutes of limitations. Missing these deadlines could result in losing your right to pursue legal recourse. Gathering evidence promptly and seeking legal advice early can significantly improve your chances of a successful resolution.

While it may seem impossible to challenge your former employer for letting you go, both state and federal laws exist to protect you from termination under certain “wrongful” circumstances. Benton Employment Law, PC is prepared to zealously advocate for your rights and fight for the compensation you need and deserve. Reach out to a wrongful termination attorney as soon as possible.

Contact Benton Employment Law, PC for a free consultation with a skilled wrongful termination attorney and let us help you secure the fair treatment and compensation you deserve.