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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 laws in Oakland, in the state of California specify that an employer cannot fire an employee for reasons that are discriminatory, retaliatory, or in violation of public policy. Additionally, employers are also prohibited from terminating employees for exercising their employment rights such as filing a complaint against workplace issues.
In situations like unsubstantiated firing, layoff without proper cause, experiencing retaliation after reporting a workplace issue, and other instances of perceived injustice, consulting a wrongful termination lawyer can help. They can assist you in identifying if your rights have indeed been violated, can propose strategies on how to proceed, and represent you in case a legal claim needs to be filed.
Oakland follows the state of California's robust employment laws. These laws include protection against termination due to a worker's age, race, nationality, gender, disability, sexual orientation, or religion. Additionally, it's against the Oakland's local ordinance to terminate an employee due to their ‘family care leave’, which includes taking care of a sick child or family member.
Any termination that involves the violation of federal, state or local laws, including unlawful discrimination or retaliation, may be considered wrongful termination.
With successful legal action, victims might be entitled to back pay and future lost wages, emotional distress damages, attorney fees, and possibly reinstatement into their previous job position.
Gathering pieces of evidence such as emails, memos, text messages, witnesses that support your claim can help prove wrongful termination. A lawyer can guide you through the process.
Keep a record of your termination, maintain all the relevant documents and correspondences, consult with an employment attorney, and then consider pursuing a legal claim.
You typically have between 180 to 300 days to file a claim from the date of termination. Talking to a legal professional soon after the termination is recommended.
The Equal Employment Opportunity Commission (EEOC) and California's Department of Fair Employment and Housing (DFEH) are popular resources. They provide information about worker’s rights and the process to file a claim. Additionally, the California Labor & Workforce Development Agency can supply resources too.
If you believe you've been wrongfully terminated, start by documenting all interactions and actions related to your termination. Reach out to a local employment attorney to discuss your situation, potential violations, and possible legal strategies. If the attorney advises, you may need to file a complaint with administrative agencies like the EEOC or DFEH before pursuing a lawsuit.
