Defending Your Rights with Wrongful Termination Attorneys San Francisco
Various state and federal legal codes require employers not to discharge an employee for reasons such as discrimination based on their race, sex, age, religion or disability, or otherwise. Moreover, workers can seek redress in case they are dismissed for performing activities dubbed as protected by the Act. When employers violate these laws, there are Wrongful Termination Lawyers in San Francisco that are willing to prosecute the employer to pave way for justice to prevail.
Understanding Wrongful Termination
Whenever an employee is dismissed for an unlawful reason then it is termed as wrongful termination. Despite California's at-will employment doctrine, there are significant exceptions under both federal and state laws:
Protected Characteristics
Based on the findings of research that has been conducted, the federal law under the civil rights act and the state law under FEHA have prohibited employers from discharging employees on grounds of race, color, national origin, sex, sexual orientation, disability, or religion. The Pregnancy Discrimination Act affirmatively shields employees of child bearing gender from being dismissed from work or laid off on grounds of pregnancy. The rights of pregnant women or disabled employees are to let the employers offer proper adjustments such as light tasks, disability leaves or overdue leaves.
Furthermore, the discrimination on the basis of age is prohibited for employees being over forty years old, and the discharge and other adverse employment actions are prohibited to the employees with the disabilities if they can perform their duties in every respect, with or without the accommodation. Employers are also prohibited from terminating the services of employees who have reported or who have taken a stand against discrimination or sexual harassment in the workplace.
Protected Activities
Beyond discrimination, employees are protected when engaging in specific activities, including:
Wage and hour law violations: Procedures for reporting.
Reporting safety violations.
This is by asserting the rights to talk about the conditions of work.
Calculating and seeking FMLA benefits for the leave or time off taken during the granted time off.
Avoiding instances that require one to engage in an offense or saying ‘no’ to them.
Reporting the situation to other relevant government organizations or agencies that address whistleblowing complaints.
Contractual Obligations
California is amongst the States where most employees serve at-will, but you also find many employees with written contracts of employment. It is important to understand that these contracts may contain other provisions like mitigation provisions that limit the circumstances of termination, or specifications of which procedures must be followed before termination can occur. From these contractual terms, employers are bound to observe them. If an employee has never signed a contract then the details of lawful and unlawful dismissal contained in an employee handbook may offer some basis for identifying the firm's practices.
Litigation for Wrongful Termination
Here’s how wrongful termination attorneys in San Francisco can help:
Evaluation of Your Case: Many things will be looked into by attorneys to determine if your dismissal is unlawful under federal or state laws or if it breached some contractual provisions.
Documentation and Evidence Gathering: They will assist in the procurement of some critical documentation and proof like employment contracts and reviews as well as organize communication with the employer.
Legal Representation: Lawyers will issue letters to your employer or even open a case seeking to obtain lost remunerations, and benefits among other things.
Protecting Your Future Employment Rights: Legal advice provides information to ensure any compensatory payout or court ruling safeguards the client’s interests for future employment.
Employment dismissal violation may bring adverse effects on an individual's occupation and other personal aspects of life. The individuals who get dismissed from their places of work within the city and county of San Francisco and have been dismissed in an unlawful manner, have an option to seek legal recourse. This is always the case with wrongful termination attorneys in San Francisco such as Olivier & Schreiber PC, with many years of practice and adequate knowledge of the employment laws in the country to be able to defend the wrongfully terminated employees.
Contact Olivier & Schreiber PC
The only way to fully protect your rights and come to a just conclusion if you are one of those whose employment has been unlawfully dismissed is to consult with wrongful termination lawyers in San Francisco. Labor laws that prevent employees from being treated unfairly are a strong focus on Olivier & Schreiber PC.
For more information Olivier & Schreiber LLP can assist you, visit our website https://os-legal.com/ or contact us at 4154840980 .
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