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How Can I Get my Job Back if I was Wrongfully Terminated?

Can At Will Employees Be Wrongfully Terminated In California?

If you believe that you were wrongfully terminated by your employer in California, you should speak with a qualified California employment lawyer as soon as possible about your case. You shouldn’t be left struggling to provide for yourself and your family if your employer broke the law when they dismissed you.

What is the California Labor Code, and Who Enforces It?

The California Labor Code is the set of civil statutes, or laws, regarding employment in California. These include sections on employment regulation, workers’ compensation, retraining and rehabilitation, and workplace safety. Along with federal employment laws, the California Labor Code defines what is considered wrongful termination. An experienced California wrongful termination lawyer can review your case and determine whether your employer broke the law when they fired you.

The California Labor and Workforce Development Agency is the general agency in charge of regulating workplaces in California. Formed in 2003, the LWDA is tasked with overseeing seven principal departments and enforcing the state’s labor laws.

Wrong is Wrongful Termination?

An employee who has been fired in contradiction to state or federal labor laws or their employer’s own guidelines for termination has been wrongfully terminated. Wrongful termination can happen for several reasons, but some of the most common include:

  • Sexual harassment, or as retaliation for harassment
  • Racial discrimination
  • Retaliation for workers’ compensation claims
  • Violations of the Family and Medical Leave Act (FMLA)
  • Whistleblower retaliation

Employers often use fictitious or exaggerated infractions as a pretext for firing employees they wish to dismiss for other reasons, which is also a form of wrongful termination. Racism, sexism, and retaliation are often the true reasons for these terminations, which employers wish to disguise. Whether your wrongful termination claim stems from one of the aforementioned reasons or from something else entirely, you should contact a qualified California wrongful termination lawyer as soon as possible to understand your legal options.

Could I get Reinstated if I Successfully Win my Case?

While some people may wish to be compensated for their wrongful termination and then move on to a position at a different employer, every person and every case is unique. If you otherwise enjoyed your job and your workplace and wish to be reinstated to your previous position following your wrongful termination, you may request that this be a component of your remedy.

Most causes of action for wrongful termination including discrimination and retaliation do not provide an employee with the right to be reinstated. Reinstatement as a matter of right is only available in a few causes of action under California law. Reinstatement can be granted either as a settlement to avoid trial, a preliminary injunction, or as a final judgment following the successful resolution of a wrongful termination claim. Even then judges have the option to provide alternative relief (money) instead of allowing the employee to return to their previous position. However, reinstatement is not a prerequisite for pursuing a wrongful termination claim, and it is up to you to decide whether you want to return to your previous employer.

How Could a Lawyer Help Me?

An experienced wrongful termination lawyer can make the difference between reinstatement to your former position and having to find a new job with a termination on your resume. Such an attorney will have a detailed understanding of the California Labor Code and your rights as an employee, as well as what constitutes wrongful termination.

The claims process can be highly complex and stressful, and you should not have to go it alone. A California wrongful termination lawyer from Wagner Zemming Christensen is prepared to investigate your claim, review the evidence, and use the facts of your case to make the strongest possible argument on your behalf. You deserve justice if you were illegally fired from your job, and that justice may include reinstatement to your former position. Find out how we can help during a free initial consultation by calling 951-686-4800 or contacting us online.

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