California, like almost all states, is an at-will employment state. This means employees can be fired for any lawful reason or no reason at all. Conversely, employees can also quit their job at any time for no reason at all. Neither the employer nor the employee is bound by employment. However, wrongful termination is an exception and refers to firing an employee for reasons that violate local, state, or federal laws. It could also involve a violation of the terms of an employment agreement.
Employers often use ‘at will’ employment to justify letting an employee go, but if your employer has violated the law, you do have legal recourse. At the Law Offices of Alan F. Cohen, our San Francisco employment law attorney has more than twenty years of experience representing clients who have been wrongfully terminated. We can advise you on your rights in filing a claim.
Under California’s Labor Code, employers can fire an employee for any reason or even no reason at all and are not required to give any advance notice. However, under some circumstances, firing an employee may violate federal or state laws or regulations.
Determining if a termination was unlawful can be difficult, and wrongful terminations can happen in a number of ways. Here are some common scenarios we’ve helped clients resolve:
The best way to determine if your particular situation constitutes wrongful termination is to consult with an experienced employment lawyer.
Since there are several state and federal laws that govern employment, the process for filing a claim of wrongful termination will vary depending on the circumstances of each case and the exact law that has been violated. In many instances, it is necessary to first file a formal complaint or claim with a state agency, while other cases may proceed straight to a lawsuit. Because the time to file such complaints may be limited, it is important to discuss your situation with an experienced employment law attorney as soon as possible.
Employers who are found liable for wrongful termination can face serious penalties. While each case is different, a successful wrongful termination claim could result in the following:
To discuss your case and find out if you have grounds to take action against your employer for wrongful termination, reach out to the Law Offices of Alan F. Cohen today. Call our office or contact us online and request a free consultation to get started.
For 25 years, Alan Cohen has provided fierce advocacy and sophisticated employment representation to Bay Area employees. Mr.Cohen has recovered millions of dollars in damages, negotiated hundreds of severance and employment agreements, and protected the jobs and rights of all kinds of workers. From fast-food workers to CEOs, he has dedicated his career to protecting employees at every level. Mr.Cohen’s deep knowledge of employment law and creative, committed advocacy give his clients an edge in any dispute. It doesn’t matter who the opponent is. He regularly represents and counsels employees throughout California against the biggest law firms and corporations in the world.
I cannot tell you what a relief it was working with Alan! Legal situations are never fun, but Alan helped me feel less anxious and was totally transparent throughout our time together. When things became confusing and complicated, I really felt like Alan took the time to patiently explain how everything worked, and he was exceptional at managing expectations. The entire process was as pain-free as these types of things can be, because Alan is incredibly professional, highly respected, and just exceptional at the work he does. From the beginning, Alan kept me in the loop around timelines and potential...
Alan is a consummate professional, if you are looking for an employment attorney look no further he is the best of the best. Alan will walk you through the various potential outcomes and properly set expectations with you, he takes the time and explains what things mean from a legal perspective and then provides the best legal advice. Legal matters are often stressful events but you can rest assured that Alan will be providing you the best Legal representation possible.
The best employment attorney. Alan knows the law but is very practical. Talk to him first before you make any move with a present or past employer.
Alan is an expert in the field of employment law and I witnessed him navigate the nuances of a difficult discrimination case. The resolution was as best as could have been hoped for but not before he put in many hours of thought and rigor. I strongly recommend his advice and help in gender and disability discrimination cases in particular. You'll feel like you have an honorary law degree after he imparts his wisdom, expertise, and experience in your employment situation. He empowered his client to feel in control, resilient and made her feel like she could take on the...
Alan is a very empathetic and thoughtful lawyer, someone who can not only understand your situation but also be a friend and guide, while providing excellent counsel. He has helped me deal with a difficult situation at work and even though we could not achieve the intended outcomes, he was able to work through the case very diligently and provide practical advise, as was best suitable to the circumstance. He asked me the right questions to frame the case in a compelling manner and provided a very good assessment of the possible outcomes, and helped to manage expectations well. I...
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