In wrongful termination cases, the person who files the lawsuit, called the plaintiff, asks the court to order the defendant company to pay monetary damages to cover up for the financial hardships caused by the job termination.
In a case of wrongful termination, you will get some of the following:
- Lost Wages – you may be able to get the wages you would have been paid if your boss hadn’t fired you, as well as any earned but unpaid wages, overtime pay, or other compensation you’ve earned but not received. if you are hired at the same level or at a better rate of pay after being fired, this amount will probably go down. if you get a new job that pays less, you will still get monetary damages equivalent to the difference between how much your old job paid and how much your new job pays.
- Lost Bonuses – you will be able to get the amount of benefits for lost work. some of these benefits might be medical and dental insurance, a yearly wage, retirement benefits like 401(k) plans, stock options, etc., and other things.
- Pain And Trouble – you can also ask for wrongful termination reimbursement for mental distress and pain and suffering. this could be especially true if the employer did something wrong and the worker went through emotional pain that a mental health provider could confirm.
- Punitive Losses – along with compensatory damages, you can also get punitive damages. these penalties are given in the worst cases. they are meant to punish the defendant and stop others from doing the same thing in the future.
- Attorney’s Expenses: in some cases of wrongful firing, you can additionally be able to get back your wrongful termination attorney’s charges and other court fees.
Exceptions To The “at-will” Rule And Wrongful Termination
Employers have complete authority over recruiting and terminating employees. Companies must follow not only the law but also the company’s own rules and any contractual obligations to employees. Because of these conditions, courts have repeatedly ruled that employers cannot terminate employees at-will.
In California, it is unlawful to terminate an employee at-will for the following reasons:
- Discrimination: You can’t lose your job because of your religion, age, gender, physical or mental illness, political views, or any other protected trait.
- Retaliation: Employers cannot dismiss whistleblowers who report violations of the wrongful termination laws. Similarly, if a worker refuses to carry out a prohibited act, the employer cannot terminate the employee.
- Protected Absences: Employees are given the assured privilege to serve on a jury, use family or medical leave as stated in the Family and Medical Leave Act, and take other legally protected absences.
- Constructive Discharge: This is when a boss creates or doesn’t fix unpleasant working conditions that force an employee to quit because they have no other choice. This is considered wrong by the courts.
Contact Our Wrongful Termination Attorney
Call our Southern California Employment Law Group PC at (424) 688-1057 to get help of our lawyer for wrongful termination for getting your Wrongful Termination compensation. We will fight for you to make your previous boss pay for firing you without cause. We take the time to get to know your situation. We want to help you get the justice you deserve.