Wrongful Termination During The Coronavirus (COVID-19) Pandemic
Have you been fired by your employer and find yourself questioning why? Did you do something that your boss didn’t like and feel like he or she took it out on you by firing you? Or, perhaps, you were recently let go amid the coronavirus crisis in California and told that your termination was related to the COVID-19 pandemic, but you know it was simply used as an excuse to get rid of you?
Though we all know the seriousness of the coronavirus, that doesn’t mean employers are exempt from illegally firing their workers. Some people have been unfairly targeted by businesses and let go for discriminatory reasons, with the business citing the economic ramifications of the virus as the reason for termination. You still have the same rights you had before the pandemic began.
If you believe you were fired for complaining or drawing attention to the lack of personal protective equipment, or PPE, in the workplace, you may also have a wrongful termination case. Your health and safety matter, and if you were fired for voicing your concerns, you may be able to sue. Or, if you are considered “high risk” for contracting the virus and were not given proper accommodations to work from home, that may also be grounds for a lawsuit.
All of the above, and much, much more, can be grounds for a wrongful termination lawsuit in California. The lawyers at Lauby, Mankin & Lauby LLP in Southern California can help you learn more about how these lawsuits work, and guide you through each step of the process for suing your former employer. We’ve stayed on top of the ever-changing regulatory measures related to COVID-19, both state and federal.
Contact us online today or call us toll free at (888) 959-8508 to schedule a free initial consultation to meet with an attorney to discuss your employment law case.
How Do I Sue For Wrongful Termination?
Being fired for things like your age, race, gender, religion are all grounds for a wrongful termination case. Some people are fired simply because they are pregnant; that’s also a case. Sometimes, people are also wrongfully terminated because they decided to speak up about an illegal or dangerous situation in the workplace or for being sexually harassed.
The Fair Employment and Housing Act (FEHA) is arguably one of the most important laws that protects workers in the state of California. Lauby, Mankin & Lauby LLP will do all of the legwork for your lawsuit, and you only have to pay if you win your case.
Employers may not legally terminate an employee under the following circumstances:
- In retaliation for participating in a whistleblower action
- For participating in union activities
- In cases where the employee is fired for discrimination for race, religion, color, national origin
- In cases where the employee is fired for sexual orientation, physical or mental disability, age, medical condition, other
- Retaliation for various situations, including:
- Family medical leave
- Worker’s compensation application
- Other – this is merely a brief review – it is advisable to obtain the opinion of a licensed California attorney
Are There Other Circumstances When an Employee May Not be Fired?
The answer is yes. There are numerous situations that prohibit an employer from firing the employee.
- For example, if you agree to specific terms with your employer and previously signed a contract, your employer may be bound to those terms
- Collective bargaining agreements – these terms may state the terms under which you may and may not be terminated
- Other – ask your attorney
Wrongful Termination: California Damages
Although it depends on the type of wrongful termination suit you have, damages can include:
- Loss of wages
- Benefits of equal value until you are employed again, which may include insurance (health, life, retirement, etc.)
- Back Pay
- Attorney’s Fees — Which you only pay if you win your case.
- Emotional distress compensation
- Punitive damages
Our team of employment lawyers will help you figure out how to best file your case and what you can expect to collect for being wrongfully terminated in California.
Contact an Inland Empire Employment Attorney at Lauby, Mankin & Lauby LLP for a Complimentary Consultation:
If you were wrongfully terminated it is highly advisable to obtain legal counsel to explore your options. Compensation may be available – and in many cases, the wrongfully terminated employee is rehired with increased and improved benefits. The Law Firm of Lauby, Mankin, & Lauby LLP offers a complimentary consultation in which you can discuss your case with an experienced employment attorney. No fees are paid in contingency cases unless we settle or otherwise favorably resolve your case. To schedule your appointment, call us at (888) 959-8508.