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Home
>>
Employment Law
>> Wrongful Termination
Attorney
Representation in San Francisco, California since
1989
SAN
FRANCISCO EMPLOYMENT ATTORNEY
Wrongful
Termination
If
you have been laid off or fired recently, and
believe that you may have lost your job for an
unlawful reason, you may have a right to bring
a claim for wrongful termination against your
former employer. Legal remedies that may be available
to you include money damages and, if you haven't
been officially released yet, negotiation for
an appropriate severance package that includes
adequate compensation.
What
Makes a Termination "Wrongful"?
The
term "wrongful termination" means that
an employer has fired or laid off an employee
for illegal reasons in the eyes of the law. Illegal
reasons for termination include:
- Firing
in violation of federal and state anti-discrimination
laws;
- Firing
as a form of sexual harassment;
- Firing
in violation of oral and written employment
agreements;
- Firing
in violation of labor laws, including collective
bargaining laws; and
- Firing
in retaliation for the employee's having filed
a complaint or claim against the employer.
Some
of these violations carry statutory penalties,
while others will result in the employer's payment
of damages based on the terminated employee's
lost wages and other expenses. Certain wrongful
termination cases may raise the possibility that
the employer pay punitive damages to the terminated
employee, while other cases may carry the prospect
of holding more than one wrongdoer responsible
for damages.
Tips
that Can Help
The
following steps may help you improve your position
if you have been fired.
- Don't
act on any negative instincts against your employer.
- Contact
an employees' rights lawyer for advice and representation.
- If
you have an employment contract, become familiar
with the provisions of the agreement.
- Inquire
about the reasons for your termination.
- Find
out who decided to fire you.
- Request
to view your personnel file.
- Review
promises made by your employer and gather evidence
of those promises.
- Request
and negotiate a severance package.
- Confirm
all agreements regarding your termination and
severance in writing.
- Do
not allow yourself to be intimidated.
- Return
all company property and follow any other common
post-employment procedures.
Severance
Packages
An
employer is not required to give severance pay
to an employee unless an employment contract requires
it, or the employee handbook or manual indicates
that the employer has a policy of doing so. However,
an employee may be able to negotiate a severance
package in exchange for a promise to waive any
legal claims against the employer. An attorney
can explain your options and advise you as to
whether a severance package or a wrongful termination
claim will make more sense in your situation.
If
you and your attorney determine that negotiating
a severance package will be the best course, you
will want to have a strategy for negotiations.
Here are a few tips:
- Stay
calm when you are terminated.
- Take
time to think over any offers from the employer.
- Ask
your employer to confirm any terms in writing.
- Do
not automatically accept the employer's first
offer.
- If
possible, refuse an employer's offer that you
resign instead of being terminated.
- Try
to stay on the payroll as long as possible.
- Negotiate
with the employer to continue providing medical
and dental coverage while you are receiving
severance pay.
- Make
sure that the severance package is in no way
contingent on new employment.
Legal
Help with Wrongful Termination Claims
If
you have been fired, you may have rights to severance
pay, damages, or unemployment compensation. In
certain circumstances, you may also have a valid
claim for wrongful termination against your former
employer. To learn more about your rights upon
losing a job, and to ensure that those rights
are protected, contact an experienced employees'
rights attorney near you.
Practice
Areas:
Criminal
law: including San
Francisco criminal attorney representation
for Drunk
Driving, DUI, DWI,
White Collar Crimes, Drug
Crimes, Computer
Crime, Identity
Theft, Violent
Crimes
Injuries
& Accidents: including San
Francisco attorney representation for Cars,
Trucks & Bike accidents, Wrongful
Death, Assault
& Battery, Premises
Liability, Animal
Attacks, Medical
Malpractice, Dangerous
Products
Civil
Rights:
including attorney representation for
Constitutional Law, Police
Misconduct, Discrimination
Litigation
Defense: including San Francisco
attorney representation for Insurance
Defense,
Personal Injury, Premises
Liability, and Medical
Malpractice
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