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Employment / Wrongful Termination

The answers specified below apply to employment in the state of California.  We hope that you find the information useful, but it should not be used in place of consultation with a qualified employment attorney.  Should you have questions, please contact an attorney.

  1. Can I sue my employer after I've been terminated?  California is an "at will" employment state.  That is either party - the employer or employee can terminate the relationship with or without cause, at any time for any reason or for no reason. However, if you believe you were discriminated against, retaliated against for exercising a legal right or you believe your employer broke a promise to you, CASD encourages you to speak to an employment law lawyer.     
  1. Does it matter how long I've been employed?  No, an employee on the job two days has the same rights as an employee on the job 30 years.  That is, it is illegal to discriminate against an employee due to his or her age, sex, race, religion, national origin, medical condition or sexual orientation.  And it is against the law to retaliate in any fashion against an employee who has objected to illegal practices in the workplace, an unsafe workplace or other improper conduct.
  1. What am I entitled to if I am wrongfully terminated?  You are entitled to your past and future lost earnings, in some cases money for emotional harm you suffered as a result of the termination, and in some cases, attorney's fees and in rare cases, punitive damages.  If you win your case in court you may also recover the costs of bringing the suit.
  1. Why should I see an employment lawyer?  Employment law is a speciality in the law.  In many cases, there are forms that have to be filed with State or Federal agencies before filing suit.  Unique rules exist regarding the statute of limitations.  Damages can be hard to determine. 
  1. If I'm not sure if I have a case and I don't have any money what should I do?  Many well-qualified employment lawyers will interview you over the phone free of charge.   Make contact with an employment lawyer.  The in-person meeting or telephone interview will not take long and the lawyer may decide to handle your case on a contingency fee basis.