Bringing A Santa Ana Wrongful Termination Case Due To Employer Retaliation
This is the next post in our series on the handling of wrongful termination cases in Santa Ana or elsewhere in Orange County, California. Our last article discussed wrongful termination cases based on race discrimination. It is important to understand that one can bring a case against their company even if they were not explicitly told they were being fired due to ethnicity. If it can be shown that race was the true motivation for the firing then that will be sufficient to begin a lawsuit. In this article we will discuss cases which stem from employer retaliation. If you believe your rights have been violated then it is important to contact an attorney immediately.
Employers are often upset when a worker takes action against them. Such action may include reporting employer wrongdoing (whistle blowing), reporting a workplace injury, or filing some type of claim with the EEOC. The fact of the matter, however, is that employees are guaranteed the right to take such action and may not be fired for doing so. It is not uncommon for companies to fire such workers as an act of revenge and to simply claim that the worker was fired for some other reason. As with discrimination cases, if the worker can show that retaliation was the true reason for the firing then they will have a case against the employer.
There are many ways in which an employee can show that they were terminated as a form of retaliation. Say, for example, that the worker was fired for a violation which other employees regularly commit without repercussions. If the employee had no other history of reprimands then they would likely have a case against the company. Another example may include a worker who is “laid off” due to a lack of work but then immediately replaced by another employee. In these situations the discovery process can be used to show that the real purpose of the lay off was retaliation. Your lawyers can use the process to acquire company emails, documents, memos and other records which will help you build a case.
Orange County employees fired as an illegal form of retaliation may be able to recover lost wages, future lost wages, attorney’s fees, costs associated with finding a new job and, in certain circumstances, punitive damages. Hiring an employment law attorney familiar with these types of issues can make a substantial difference in your case. Our Santa Ana wrongful termination lawyers stand up for the rights of employees. Contact our office today to schedule an initial consultation. We also service Aliso Viejo, Anaheim, Buena Park, Costa Mesa, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, Ladera Ranch, Laguna Beach, Laguna Hills, Laguna Niguel, Lake Forest, Mission Viejo, Newport Beach, Orange, Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Tustin, Westminster, and Yorba Linda.