Archives for September 2021

Common Forms of Discrimination Based on Sexual Orientation

September 30, 2021 by Haeggquist & Eck

Under California law, it is illegal to discriminate against employees based on actual or perceived sexual orientation. Sexual orientation is a protected characteristic under the Equal Employment Opportunity Commission (EEOC).

In other words, your employer cannot discriminate against you because of your actual or perceived homosexuality, heterosexuality, or bisexuality. However, not all workers can recognize signs of workplace discrimination based on sexual orientation.

For this reason, we decided to list some of the most common forms of discrimination based on sexual orientation. If your employer discriminated against you because of your sexual orientation, contact a San Diego discrimination lawyer. You likely have important legal rights that a lawyer can help you protect.

Discrimination Based on Sexual Orientation is Illegal in California

California’s Fair Employment and Housing Act (FEHA) prohibits employers from firing, refusing to hire, or in any other way discriminating against employees because of their sexual orientation (California Government Code § 12940).

Under the FEHA, it is also illegal for employers to harass employees because of their sexual orientation. To hold your employer liable for harassment based on sexual orientation, you must prove that the behavior was so severe or pervasive that it interfered with your ability to work (California Government Code § 12923).

Note: FEHA regulations apply to all companies that have five or more employees.

In addition, Title VII of the federal Civil Rights Act prohibits employers from firing, refusing to hire or promote, demoting, harassing, or otherwise discriminating against employees based on their gender identity, gender expression, or sexual orientation.

Thus, you can sue your employer and recover compensation if your employer discriminates against you because you are:

Bisexual
Asexual
Heterosexual
Straight
Gay
Lesbian

When filing a discrimination claim, it does not matter whether the sexual orientation is actual or perceived. In other words, you can sue your employer even if your employer is mistaken about your orientation or identity.

Common Forms of Sexual Orientation Discrimination

Under federal and California state law, it is illegal to discriminate against employees based on their sexual orientation.

Common forms of discrimination based on sexual orientation include:

Firing or terminating employment
Refusing to hire
Refusing to promote
Demoting
Denying a pay raise
Denying the benefits to which an employee is entitled
Denying reinstatement
Asking a prospective employee about sexual orientation during a job interview
Harassing an employee because of their actual or perceived sexual orientation
Denying an employee’s access to educational or training programs available to employees of a specific sexual orientation
Refusing to select an employee for a training program
Paying less because of a sexual orientation
Reducing an employee’s salary after learning about their orientation
Forcing an employee to quit voluntarily
Discharging an employee
Including discriminatory language in the conditions of employment
Assigning inferior job duties
Giving more desirable jobs to workers of a specific sexual orientation
Promoting workers of a specific sexual orientation
Providing reduced benefits
Issuing poor performance evaluations
Making disparaging comments or insulting an employee because of their sexual orientation
Retaliating against an employee for reporting discrimination at work, filing a complaint, or helping co-workers file a complaint
Discriminating against an employee in any other way

Employers cannot retaliate against employees for complaining about discrimination or harassment based on sexual orientation or any other protected characteristic. Retaliation is illegal in California, which means your employer cannot punish you or take adverse employment action against you for complaining about workplace discrimination or harassment.

If you believe that your employer has retaliated against you for exercising your rights, speak with a retaliation lawyer. The right employment attorney will review your unique situation and help you understand whether or not you can sue your employer for discriminating or retaliating against you.

What to Do if You Experience Discrimination Because of Your Sexual Orientation?

If you experience workplace discrimination based on your sexual orientation, file an internal complaint with help from your lawyer. When complaining about sexual orientation discrimination—or any other type of discrimination in the workplace, for that matter—follow your company’s internal procedure for filing complaints.

Usually, a victim of discrimination or harassment must file a formal complaint with the company’s human resources (H.R.) department. You will want a lawyer to fill out that complaint for you.

When filing a discrimination complaint, document all instances of workplace discrimination you can remember.

You should keep a journal and write down:

The date and time of each incident
The place (a specific area of the worksite) where the incident occurred
Whether anyone witnessed the incident
What makes you believe that you were harassed or discriminated against because of your sexual orientation

If your employer fails to take reasonable steps to correct the situation after receiving an internal complaint, you could proceed with filing a claim with California’s DFEH. Once your claim is received, the agency will launch an investigation into your complaint.

If the DFEH determines that the alleged discrimination took place after concluding its investigation, the agency will attempt to resolve the dispute through a settlement or file a civil lawsuit.

Note: In California, you have one year from the latest incident of discrimination to bring a claim with the DFEH.

Alternatively, you can also file a civil lawsuit against your employer for discrimination based on sexual orientation. Generally, California courts require plaintiffs in workplace discrimination cases to exhaust their administrative remedies before bringing a lawsuit against the employer.

Contact an Employment Discrimination Lawyer

Your discrimination lawyer may be able to help you obtain a right to sue your employer without having to go through the entire administrative process first. Speak with a knowledgeable attorney to determine your best course of action to hold your employer responsible for sexual orientation discrimination.

Never ignore workplace discrimination of any kind, including based on sexual orientation. Taking action not only helps you recover financially for what you experienced, but it also helps to prevent future instances of discrimination against other employees.

Proyecto de Ley en California Protégé a Trabajadores de Almacén de Cuotas Inseguras

September 28, 2021 by Haeggquist & Eck

El 8 de Septiembre 2021, el Senado de California paso AB 701, un proyecto de ley dirigido hacia proporcionar limitaciones a las empresas que les imponen cuotas de velocidad a los trabajadores de almacén en centros de distribución de almacén.

El proposito del proyecto de ley es asegurarse que los empleados no sean requeridos a cumplir las cuotas que previenen el cumplimiento de períodos de comida o descanso, uso de baños o leyes de salud y seguridad ocupacional.

Si se firma como ley, ¿qué protecciones se requerirán?

El proyecto de ley requiere que los empleadores proporcionen una descripción por escrito de cada cuota a la que están sujetos los empleados, incluida la cantidad cuantificada de proyectos que se realizarán o materiales que se producirán o manipularán, y cualquier acción laboral adversa potencial que pudiera resultar de no cumplir con la cuota dentro de 30 días después de la contratación o dentro de los 30 días posteriores a la entrada en vigencia de la ley.

El proyecto de ley proporciona transparencia entre la empresa y el empleado en cuanto a los niveles de productividad esperada de cada empleado. Tambien évitara que las empresas despidan a sus empleados por no cumplir con cuotas poco realisticas que forzan a los empleados a comprometer su salud y seguridad para cumplir con las demandas de las empresas.

Empleados Tienen El Derecho a Solicitar y Revisar Cuotas

Bajo AB 701, si un empleado actual o anterior cree que cumplir con una cuota causó una violación de su derecho a una comida o un período de descanso o requirió que violaran cualquier ley o norma de salud y seguridad ocupacional, el empleado tiene el derecho de solicitar, y el empleador es requerido a proporcionar, una descripción por escrito de cada cuota a la que el empleado esta sujeto, al igual que una copia de los últimos 90 días de los datos personales de velocidad de trabajo del empleado.

Adémas, hay una presunción refutable de represalia si un empleador de cualquier manera discrimina, toma represalias, o toma alguna acción adversa contra cualquier empleado dentro de los 90 días de la empleado:

(a) Solicitar al empleador que proporcione información sobre una cuota o datos personales de velocidad de trabajo; o

(b) Presentar una queja relacionada con una cuota alegando cualquier violación de la ley, ante el empleador, el comisionado, la división o la agencia gubernamental local o estatal.

Honorarios de Abogados

En particular, el proyecto de ley prevé los honorarios de los abogados para aquellos que busquen acciones legales de conformidad con AB 701, que crea acceso a la justicia para los empleados afectados.

Publicación de datos por el Comisionado Laboral

Para el 1 de enero de 2023, el Comisionado Laboral debe reportar:

(1) el número de reclamos presentados ante el comisionado bajo este proyecto de ley,

(2) datos sobre cuotas de producción de almacén en almacenes donde las tasas anuales de lesiones de los empleados están por encima del promedio de la industria, y

(3) el número de investigaciones y acciones de ejecución iniciadas.

Si se convierte en ley, la AB 701 expondrá las cuotas de trabajo inseguras establecidas por empresas como Amazon y dará poder a los empleados que dependen de estos trabajos para mantener a sus familias y hasta ahora no han tenido otra alternativa que priorizar el cumplimiento de las cuotas sobre su propia seguridad.

California Bill Protects Warehouse Workers from Unsafe Quotas

September 14, 2021 by Reports

On September 8, 2021, the California Senate passed AB 701, a bill aimed at providing limitations on companies that enforce speed quotas on warehouse workers in warehouse distribution centers.

The purpose of the bill is to ensure that employees not be required to meet quotas that prevent compliance with meal or rest periods, use of bathroom facilities, or occupational health and safety laws.

If Signed Into Law, What Protections Will Be Required?

The bill requires employers to provide a written description of each quota employees are subject to, including the quantified number of tasks to be performed or materials to be produced or handled, and any potential adverse employment action that could result from failure to meet the quota within 30 days of hiring or within 30 days after the law comes into effect.

The bill provides transparency between the company and the employee as to the productivity levels expected of each employee. It will also prevent companies from terminating employees for failing to meet unrealistic quotas that force employees to compromise their health and safety to meet a company’s bottom line.

Employees Have the Right to Request and Review Quotas

Under AB 701, if a current or former employee believes that meeting a quota caused a violation of their right to a meal or rest period or required them to violate any occupational health and safety law or standard, they have the right to request, and the employer is required to provide, a written description of each quota to which the employee is subject, as well as a copy of the most recent 90 days of the employee’s personal work speed data.

In addition, there is a rebuttable presumption of retaliation if an employer in any manner discriminates, retaliates, or takes any adverse action against any employee within 90 days of the employee:

(a) Requesting the employer provide information about a quota or personal work speed data; or

(b) Making a complaint related to a quota alleging any violation the law, to the employer, commissioner, the division, or local or state governmental agency.

Attorney’s Fees

Notably, the bill provides for attorneys’ fees for those who seek legal action pursuant to AB 701 which creates access to justice for affected employees.

Publication of Data by the Labor Commissioner

By January 1, 2023, the Labor Commissioner is required to report: (1) the number of claims filed with the commissioner under this bill; (2) data on warehouse production quotas in warehouses where annual employee injury rates are above the industry average, and (3) the number of investigations and enforcement actions initiated.

If passed into law, AB 701 will expose unsafe work quotas set by companies like Amazon and give power to employees who depend on these jobs to provide for their families and until now have had no alternative but to prioritize quota compliance over their own safety.

HAE Represents Former County of San Diego Chief Medical Officer In Disability Discrimination Lawsuit

September 9, 2021 by Haeggquist & Eck

HAE attorneys Alreen Haeggquist, Aaron Olsen, and Jenna Rangel have filed a disability discrimination lawsuit against the County of San Diego on behalf of Dr. Nicholas Yphantides, who led the County’s early response to the COVID-19 pandemic.

Dr. Yphantides, or “Dr. Nick,” served as San Diego County’s Chief Medical Officer for 11 years and was one of the County’s first public faces leading San Diego’s response to the COVID-19 crisis. But that work came at a great personal cost. By October of 2020, Dr. Nick – like so many of his colleagues in the healthcare community – was suffering from crippling depression, anxiety, and insomnia.

In a lawsuit filed September 8 in federal court in San Diego, Dr. Nick says he requested and took a four-week medical leave to care for his mental health in October 2020. But when he returned to work in November 2020, the lawsuit alleges, members of the County’s leadership presumed Dr. Nick was damaged goods. The County then began to unfairly scrutinize Dr. Nick’s performance, looking for proof to substantiate its illegal presumption. In January 2021, despite effectively leading the County through the holiday induced COVID spikes, the County forced Dr. Nick to take another leave of absence for his “mental health” or face immediate termination. Left without meaningful choice, Dr. Nick took an additional seven weeks of leave. But, before Dr. Nick could resume his job duties, the County then demanded he take a fitness for duty test – a request that Dr. Nick’s legal team says violated the County’s own policies and the law. Before that exam could be completed, the County fired him without providing any reason for doing so.

“To put it simply, Dr. Nick is a healthcare hero,” Aaron Olsen, one of the attorneys representing Dr. Nick, says. “After years spent deftly guiding the County through its response to not one but multiple public health crises – and after devoting months of his life to serving on the front lines of the COVID19 pandemic – he should be applauded for putting his mental health first. He was transparent and genuine with the County of San Diego when he shared what he was going through – and in response, they fired him. This cannot stand.”

The case is pending in United States District Court in San Diego. MEMBERS OF THE MEDIA: please email media@haelaw.com to schedule an interview on this case.

Millennials Might Have Age Discrimination Claims

September 6, 2021 by Haeggquist & Eck

The various generations of the United States have different unique rights as they reach certain benchmarks. Some benchmarks aim to protect older Americans from discrimination, while others might be in place to prevent teenagers from serving as president.

Age discrimination is a complex concept. In some cases, you may need to reach a certain age before you’re qualified for a particular role. An employer cannot legally consider a person’s age in other contexts. One group of Americans about to experience the realities of protection against age discrimination is that of Millennials, the oldest of which will turn 40 in 2021, opening the door to ADEA protections.

How Does the ADEA Protect Americans From Age Discrimination?

The ADEA, the Age Discrimination in Employment Act of 1967, protects the rights of Americans who reached the age of 40 or older. As reported by the U.S. Equal Employment Opportunity Commission, the ADEA prohibits employment discrimination against persons aged 40 years or older.

The act outlines Congress’s declaration that “in the face of rising productivity and affluence, older workers find themselves disadvantaged in their efforts to retain employment, and especially to regain employment when displaced from jobs.” The ADEA enables individuals of all ages equal access to employment, regardless of age.

The Millennial Population Is Aging and Approaching or Under ADEA Protection

To understand who we are talking about, we’ll take a brief moment to explain what the Millennial generation is. According to the Pew Research Center in a recent article titled “Defining generations: Where Millennials end and Generation Z begins,” the Millennial generation was born between 1981 and 1996, ages 25 and 40 in 2021. The Pew Research Center considers any individual born from 1997 onward to be part of the population of Americans categorized as Generation Z. Millennials are aging, and under the age 40 outset of ADEA protection, may have arrived there.

ADEA and Age Discrimination Lawsuits and Damages

If your employer discriminated against you because of your age, you may qualify for an ADEA-based cause of action against the employer who discriminated. Speak with an attorney to determine the best course of action to pursue recovery from your damages. In some instances of age discrimination, the law may entitle you to punitive damages beyond only your compensatory damages. However, if you file under the ADEA, the law may preclude you from recovering anything beyond compensatory damages.

The purpose of compensatory damages is to compensate victims for the expenses incurred due to the discrimination, including lost wages, the cost associated with a job search, and other related expenses. Punitive damages are those which courts can award you to punish the employer for the act of discrimination. If your case were to go to a jury, the availability of punitive damages could substantially change the outcome of your settlement or case.

An Experience of Age Discrimination Does Not Guarantee a Settlement

The unique circumstances of your age discrimination case will determine whether you are capable of recovering and to what degree. Having gone through an experience of age discrimination does not automatically mean you will recover a settlement, or even that you will win in court. The ADEA protects employees in the US from age discrimination. However, if you think an employer has discriminated against you, it is not as simple as demanding a settlement. You, or better yet, an experienced attorney, must carefully assess the facts and related law and then your claims rooted in them to support your ability to demonstrate a case.

Some employers that engage in age discrimination are unwilling to settle and will require that you bring your case to court. The size of the employer, their history with employment lawsuits, and their available resources will markedly influence the outcome of your case. It is important to assemble your evidence correctly and to package your case in the most advantageous way possible. An attorney can help you not only determine if you have an age discrimination lawsuit but also maximize the recovery you might achieve.

The Size of the Employer Will Often Determine the Size of Your in-Court Settlement

If you are a Millennial and have an ADEA-based claim of discrimination, the amount you can recover if you bring your case to a federal court is limited. The federal court can award up to $50,000 if the employer has between 15 and 100 employees, up to $100,000 if they have 101 to 200 employees, $200,000 if the employer has between 201 and 500 employees, and finally, a maximum of $300,000 for companies with over 500 employees. These amounts, however, account for only the in-court maximums you can recover.

If you are a Millennial and have experienced age discrimination, the strength of your case may lead to a settlement that exceeds the maximums offered in federal court. Litigation can be costly, and an attorney can best advise you as to what your options are.

At what age does ADEA kick in?

The ADEA protections kick in when you have reached the age of 40, at which point the law protects you against age discrimination in covered workplaces.

What are Millennials, and when were they born?

The Pew Research Center assigns the term millennial to the generation of Americans born between 1981 and 1996.

Are Millennials covered under the ADEA?

Those Millennials born in 1981 will reach the age of 40 in 2021 and thereby qualify for ADEA-based protections in the workplace.

Is an ADEA-based lawsuit my best option to recover from an age discrimination suit?

Not necessarily. For example, if your claim involves punitive damages, a suit based on the ADEA may prevent you from recovering them.

Can an attorney help me with my age discrimination lawsuit?

An attorney can help you understand whether you have a claim, and if so, the damages available to you and how to maximize them. A lawyer can also fight for those damages, making sure to meet all filing deadlines, following all proper procedures, negotiating with the employer or insurance company, and arguing your case in court if necessary.

If you think you have an employment discrimination claim, call an employment rights lawyer today for a claim evaluation.

Know Your FMLA/CFRA Rights

September 6, 2021 by Haeggquist & Eck

The Family and Medical Leave Act, also known as FMLA, was established to protect workers who might encounter situations that require them to leave work to attend to personal or family needs that surpass their ability to continue their employment. FMLA leave is not permanent but rather allows employees to take time off in particular situations. In this article, we’ll cover the instances in which you may take FMLA leave and your rights when doing so.

What can you use FMLA for?

Family
Health
Birth

If You Work for a Covered Employer, Your Group Healthcare Benefits Must Continue

According to the United States Department of Labor, the FMLA entitles employees who work for covered employers to take job-protected, unpaid leave that the FMLA specifies that are related to the medical needs of your family or yourself, and other events such as a new child joining the family. When you are away from work under FMLA-covered leave, your covered employer is required to allow you to continue your group health insurance coverage under the same terms and conditions if you had not used FMLA leave to attend to a personal or family situation covered under the FMLA.

Your Employer Must Allow You to Return to Your Job

When working for a covered employer, the primary benefit of FMLA is your capacity to maintain your health insurance coverage while away during a potentially life-threatening situation. Your work insurance will protect your health and that of your loved ones, which could mean the difference between life and death or financial stability and bankruptcy. An additional key benefit is that your employer must hold your job for you.

The duration of covered FMLA leave is 12 weeks, nearly three months. As noted by the Employment Development Department of California, the FMLA enables you to attend to your or a family member’s serious health conditions or bond with a new child in your family. How to add a new member covered under the FMLA varies.

Your New Child in Your Family Can Be Born, Adopted, or Fostered

It is important to note that FMLA covers you when your family has had a new child. FMLA does not confine the term “new child” to only instances in which there has been a newborn in your family. According to the Department of Labor, the FMLA covers bonding with a new child—not only a newborn but also an adopted child. Families that foster a child may take FMLA leave, but only during the first year of a placement of a foster child in your family’s home.

The CFRA Provides You With Additional Protections if Your Employer Is in California

The CFRA is the California Family Rights Act, which according to the Employment Development Department of the State of California, works in conjunction with the FMLA to protect the rights of workers when they or their families encounter a situation of change or health challenge. You may take the leave to care for yourself or a family member, to bond with a new child, or to participate in a qualifying event due to a family member’s military deployment overseas.

You Must Meet Specific Criteria to Qualify for FMLA/CFRA

For an employee to qualify for FMLA, they must meet particular criteria. The employee must have worked for at least 12 months for a covered employer. During that time, they must have worked 1,250 hours in the 12 months before the start of FMLA leave. Under the FMLA, the employee also must work at a worksite with more than 50 employees under the employer’s employment within 50 miles of that particular worksite.

FMLA covers private employers who have over 50 employees on the payroll during any 20 or more calendar weeks in the current or preceding calendar year. All public employers are covered by FMLA, regardless of the number of employees they have. Paid employees, unpaid, part-time, or on commission, are still generally covered by the FMLA if they meet the other necessary criteria for qualification.

The requirements to meet FMLA can be challenging to understand in some circumstances. An experienced attorney can help you understand your rights and options if your employer does not respect your rights.

Family Medical Leave Act FAQs

What does FMLA stand for?

FMLA stands for the Family and Medical Leave Act, established by the government to protect workers’ rights in times of change or health challenges in their families.

For what purposes can I use FMLA?

The key purposes of FMLA are health, family, and children, meaning you may take it if there is a serious health problem with yourself or a family member, or you’ve added a child through your home through birth, adoption, or fostering.

How long does FMLA-covered leave last?

FMLA-covered leave lasts for up to 12 weeks, after which time you may return to your job.

What are the key benefits of FMLA leave concerning my job?

The key benefits of FMLA leave are that you may take up to 12 weeks of unpaid leave to care for yourself, your family, or a new child, and during that time, you may keep your group health insurance from your employer under the same terms, and your employer must return your job to you upon completion of the FMLA leave.

What are my options if my employer refuses to maintain my insurance or return my job?

If you have taken FMLA leave from a covered employer, and your rights are not being honored, a lawyer is a great advocate to protect your rights and determine your options for recovering damages.

How Do You Know if Your Termination Was Unlawful?

September 1, 2021 by Haeggquist & Eck

Losing your job can have far-reaching implications for your life that can be difficult to overcome with ease or as quickly as you might like. When an employer terminates you from a job, and that termination was unlawful, your employer denied you your ability to continue earning and support your family based upon an unlawful cause, and you may be entitled to compensation. Loss of employment impairs present obligations while also limiting future earnings and can also cause mental anguish given the related stress.

Following is a consideration of wrongful termination so that you know whether you might have a case. If your situation sounds familiar, reach out to a lawyer to explore the strength of your case and the size of your prospective settlement.

Discrimination Is a Common Reason for Wrongful Termination

If an employer terminates you based discrimination in any form, whether based upon your race, gender, disability, or religion, they have wrongfully terminated you. In such a situation, it can be difficult to clearly determine that it is due to one of these factors that you were, in fact, terminated.

Employers or supervisors may provide alternative reasons for your termination; reasons meant to mask over the true reason given that it might be discriminatory. Firing employees based upon a discriminatory reason opens employers to lawsuits, and some savvy managers understand this and do their best to mitigate the risk by providing other reasons.

Should you have been fired for reasons outside of your work performance, or if the reasons do not make sense, you may have experienced discrimination, and thus a wrongful termination. An attorney can help you understand how the law applies to your unique facts and circumstances.

FMLA Protects Medical Leave, and Your Employer Cannot Terminate You During Protected Leave

Under the Family and Medical Leave Act, as explained by the Department of Labor, employees who work for covered organizations are entitled to take a 12-week leave from work when a qualifying condition has occurred. The qualifying conditions are, broadly speaking, family, health, and bonding with a new child. The family and health aspect means you must attend to a personal health emergency or one for a family member.

The new child qualification means your family has had a newborn, adopted a child, or is within the first year of placement with a foster child. During the 12 weeks, your employer must continue to provide your group health insurance, and after the 12 weeks, your employer must give you your job back.

If you have lost your job for applying for your rightful FMLA leave, or you have been denied your health benefits during or your job after, you may have a case. Reaching out to an attorney to discuss the facts of your case will help you understand what claims you might have and the settlement you might deserve.

Retaliation Is a Common Form of Unlawful Termination

According to the U.S. Equal Employment Opportunity Commission, the EEOC, retaliation is the most frequently alleged basis of discrimination that employees report within the federal sector and the most common finding of discrimination in federal sector cases.

The law prohibits employers from punishing job applicants or employees by asserting their rights to be free of workplace discrimination, including harassment. Asserting an EEO right is described as a “protected activity” under the EEO, and employers cannot retaliate against employees for asserting their rights.

Whether you have filed a complaint yourself or participated in an investigation concerning someone else’s complaint, an employer cannot rightfully fire you based on this alone. The law empowers employees to participate honestly in workplace investigations.

Firing an employee because they were honest concerning the harassment of a supervisor would likely lead to ongoing harassment, given the lack of punishment. An employer is also liable if they facilitate or fail to act against the harassing behavior of their employees.

An Employer Cannot Fire You for Protecting Yourself or Others from Discrimination or Harassment

The law prohibits employers from retaliating against employees or applicants for asserting their rights through engaging in protected activities. Participating as a filer or witness in an EEO charge, complaint, investigation, or lawsuit cannot be a viable reason for termination.

Answering questions within an employer investigation of harassment, communicating to a supervisor or manager about employment discrimination or harassment, resisting sexual advances, or protecting others from them are all unlawful reasons for termination.

If your employed fired you for exercising your rights against discrimination in the workplace or tried to protect others, your termination might not have been lawful. To recognize whether or not you have a case and the size of any compensation you might deserve, speaking with an attorney can help.

How do I know if my termination was wrongful or illegal?

Generally, an employer cannot terminate you for asserting your protected rights in the workplace, such as filing complaints about harassment or trying to prevent a coworker from discriminatory behavior.

Can I be terminated if I have to leave work for a family health emergency?

If you have exercised your FMLA leave rights with a covered employee and your employer terminated you for applying, your termination was wrongful.

How do I know if my termination was due to retaliation?

While the unique facts of your situation will determine your case, frequently, if an employer fires an employee after they exercised a protected right like filing a complaint or honestly answering questions in an investigation, the termination was wrongful.

How much can I recover for a case of wrongful termination?

If you have experienced wrongful termination, you may be entitled to compensatory damages like lost earnings and potentially punitive damages.

Who do I file my wrongful termination lawsuit with?

If you are looking to recover damages or compensation for your wrongful termination case, contact us for a free evaluation.

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