If you have been fired before, you know how frustrating it can be to lose your job. Even more frustrating is if you were fired for illegitimate reasons. This is called wrongful termination. In San Jose, wrongful termination might be an issue, as well as in other places.
The most common type of California wrongful termination is discrimination. Discrimination is defined as treating somebody differently due to sex, race, or sexual orientation, among others. If your boss fires you because you are a woman, or because you are a homosexual, you should contact a San Jose wrongful termination lawyer immediately, as this is illegal. This category also includes religion; your boss cannot fire you for being a Christian or a Muslim or anything else.
Retaliation is another form of wrongful termination. This means that you were fired for reporting your boss to authorities. If your boss is engaged in illegal activity and you report him, you cannot be fired in response. In addition, if you complain about your pay to the Department of Labor, your boss cannot retaliate by firing you.
There are many other forms of this: breach of contract (where terms are clearly outlined and employee is fired without good cause), defamation of character (where an employer intentionally defames an employee to justify their termination – usually an excuse), public policy exceptions (using worker’s compensation after an injury), and others.
If you believe that you are a victim of wrongful termination, meet with a lawyer. Your lawyer will go over the details of the termination with you so that you can accurately determine whether or not your firing was, in fact, illegal and worth pursuing damages for. Your lawyer will then represent you in court and make an argument to the judge that you were wrongfully terminated. If successful, you can receive damages as part of the settlement of the case.