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Browse our 2 legal questions about Wrongful Termination in United States and the lawyer answers, or ask your own questions for free.
Wrongful termination occurs when an employer discharges an employee for illegal reasons or in violation of local, state, or federal laws. In Fresno, as in all of California, most employment is considered “at will.” This means employers can generally terminate employees for any reason or no reason at all, as long as the reason is not illegal. However, there are important exceptions to this rule, including protections against terminations based on discrimination, retaliation, breach of contract, or violation of public policy. Understanding your rights as an employee or obligations as an employer is crucial in wrongful termination cases.
There are several scenarios where seeking legal help for wrongful termination may be necessary. For example, if you believe you were fired due to your race, gender, religion, disability, medical condition, or another protected characteristic, a lawyer can help determine if your termination was illegal. Employers cannot legally fire workers for reporting workplace harassment, unsafe working conditions, wage violations, or for taking protected leave under laws such as FMLA or CFRA. Another common reason for legal assistance is when an employment contract or company policy has been violated by the employer during termination. Because wrongful termination cases can be complex and fact-specific, having a knowledgeable attorney can increase your chances of obtaining justice or fair compensation.
Fresno follows California’s robust employee protection laws, which are some of the strongest in the country. The key local laws and regulations that impact wrongful termination cases include:
Wrongful termination includes being fired for reasons that are illegal under California or federal law, such as discrimination, retaliation, breach of contract, or refusal to engage in illegal activities.
Yes, California is an at-will employment state, meaning employers do not need a reason to terminate employment. However, the reason cannot be illegal under federal or state law.
Document all relevant details, collect evidence such as emails or messages, and consult with a wrongful termination lawyer as soon as possible to discuss your options.
For most wrongful termination cases under state law, you have up to one year from the date of termination to file a complaint with the Department of Fair Employment and Housing. Other deadlines may apply for federal claims.
No, wrongful termination can occur even without a written employment contract, especially in cases involving discrimination or retaliation. However, contracts can offer additional grounds for a claim if breached.
Yes, firing an employee for reporting workplace harassment or discrimination is considered retaliation and is illegal under state and federal laws.
No, employers cannot lawfully terminate employees for taking qualifying medical or family leave under laws such as FMLA or the California Family Rights Act.
You may be eligible to recover lost wages, lost benefits, emotional distress damages, and attorney’s fees. Sometimes, punitive damages are also available.
Yes, you have the right to pursue a lawsuit if you believe you have been wrongfully terminated. It is advisable to first seek legal guidance and consider filing with the appropriate state or federal agency.
Many employment lawyers in Fresno offer free consultations and may take cases on a contingency fee basis. This means you only pay if you win your case or receive a settlement.
Here are some resources that can help individuals dealing with potential wrongful termination in Fresno:
If you believe you have been wrongfully terminated in Fresno, it is important to act promptly. Consider the following steps:
