Wrongful Termination

When an employer terminates an employee’s contract in violation of federal, state, or contractual promises, it is considered wrongful termination. At Glasner Employment Law & Mediation, our Redding wrongful termination lawyer is dedicated to resolving these issues for employers and employees. If you have concerns about wrongful termination in Redding or anywhere in the state of California, call us at (530) 688-8154. Allow us to become your trusted ally on this journey toward just and fair resolution.

Employment at Will and Its Exceptions

A wrongful termination occurs when an employee’s dismissal from a job breaches the terms of an employment contract or the laws outlined in our legal framework. Typically, employees in the United States are engaged in ‘at-will’ employment, meaning that the employer has the right to end the employment relationship at any time, for any reason, as long as the reason is not illegal. For instance, an employer can terminate an employee for consistently underperforming or violating company policies. This concept also applies in reverse; employees can elect to leave their employment whenever they choose.

However, exceptions to the “at-will” rule exist. When the employer locks horns with our federal or state laws, it can cascade into a wrongful termination case. Employers cannot terminate a worker as an act of discrimination based on race, color, religion, sex, or national origin, as protected by Title VII of the Civil Rights Act of 1964. Firing an employee in retaliation for making complaints about workplace discrimination or harassment or participating in an investigation into these matters is also not permitted. Similarly, the Family and Medical Leave Act (FMLA) shields employees needing time off for medical or family reasons.

The complex nature of wrongful termination cases necessitates approachable, knowledgeable, and dedicated legal support. Our law firm competently navigates these complexities, providing clear, consistent communication and staunch representation for our clients. We meticulously examine every detail to furnish a comprehensive legal solution, ensuring you are well-informed and secure in your legal journey.

Constructive Discharge

Wrongful termination, notably through its lesser-known aspect called “constructive discharge,” is an area of law that requires a careful and thoughtful perspective. Constructive discharge occurs when an individual is forced to resign because their employer has made working conditions unbearable. Though it doesn’t involve explicit dismissal, it’s as detrimental as an explicit dismissal – a form of wrongful termination. Understanding this concept is crucial in navigating employment law issues.

To illustrate, imagine an employee subjected to extensive working hours beyond legal provision, negatively impacting their physical and mental health. Or consider a case where an employee is persistently ignored for promotion, not because of lack of competence, but owing to their whistleblowing history with the company. Both these scenarios might justify a dialogue on constructive discharge.

Understanding, interpreting, and taking the appropriate course of action in these situations takes a lot of work. It demands insight, in-depth familiarity with the law, and a broad perspective of employment issues.

Remedies for Wrongful Termination

Wrongful termination, a complex area of law, can have far-reaching implications on both the employee and employer. Often, it revolves around an illegal or unjust dismissal or discharge from employment, commonly rooted in discrimination or breach of employment contract. When a claim of wrongful termination arises from alleged discriminatory practices – such as firing premised on age, sex, race, or disability – the victim can file a claim with the Equal Employment Opportunity Commission (EEOC) or a state equivalent. These can include reinstatement to their former position, back pay compensating for wages lost due to the unfair termination, compensatory damages for emotional distress and associated costs, and, in some severe instances, punitive damages meant to deter the employer from repeating such conduct.

On the other hand, wrongful termination predicated on a breach of an employment contract carries a variety of potential recourse. If the termination contravenes the predefined terms of employment, the affected employee might be entitled to expectation damages, essentially covering what they would have earned had their employment continued per the agreement. Additionally, liquidated damages, a stipulated dollar amount outlined within the contract for specific breaches, could be invoked.