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What Can You Do if You’re Involved in an Wrongful Termination?

What Can You Do if You’re Involved in an Wrongful Termination?

Since your job is probably your livelihood you can’t afford to stand by and do nothing if an employer violates the law by wrongfully terminating your employment. In California, employee rights are protected by laws and legal precedents that establish what may and may not be considered an illegal firing. Most employment relationships in California are considered “at-will.” As a result, either party may terminate the relationship at any time for any reason. The law still protects at-will employees from termination for certain specific reasons as a matter of public policy. First of all, if you suspect that your rights may have been violated and you have been wrongfully terminated, avoid speaking to anybody in your former office about your case. Do not even speak with close friends. Most noteworthy it’s important to speak with an attorney about your personal wrongful termination as quickly as you can.

The law places limits on the amount of time that victims have to pursue damages in court for a wrongful termination claim. Hence, these time limits are statutes of limitation. It’s important to work quickly to secure a wrongful termination attorney in San Diego because you will have no standing to pursue damages through the courts if the statute of limitations expires. Different laws have different limits. Also, by moving fast to secure an experienced attorney, you give your attorney as much time as possible to investigate your claims. This will allow them to prepare your legal argument, which can only help your case in the long run.

Furthermore, in California, termination of employment is illegal when it is used as a form of harassment or discrimination based on your race, color, religion, creed, national origin, ancestry, physical / mental disability, medical condition, gender, age, sexual orientation, or marital status. In addition, your termination from an at-will employment relationship may not be used as a form of retaliation against you for reporting your employer for improper or criminal behavior, for taking part in a harassment or discrimination investigation of your employer, for legal union activity or taking part in an investigation conducted by a union, for taking family medical leave, or for applying for workers’ compensation benefits following an injury on the job.

Lastly, keep in mind that each case of alleged wrongful termination will consist of different facts. Due to everyone having a unique situation, these facts could weigh differently on each case. This is why it is so important to let an experienced attorney serve as your wrongful termination attorney. Your attorney will review the facts of your case and help you determine your best legal course of action. We can help you every step of the way if you decide to move forward with a wrongful termination claim.

How We Can Help with Wrongful Termination

Advantage Law Group is a boutique law office. Our clients work directly with the wrongful termination attorney who handle their cases, not office managers or paralegals. We have years of experience practicing wrongful termination cases. Our attorneys have collectively won millions of dollars in damages for clients in their wrongful termination cases.

Finally, please contact us to about how to pursue a claim against an employer for wrongful termination or you can learn more before calling. You can contact Advantage Law Group and speak with a wrongful termination attorney in San Diego today.

SAN DIEGO OFFICE

5820 Oberlin Drive, Suite 110
San Diego, CA 92121
Phone: 800-507-9470
Fax: 858-622-9540

ORANGE COUNTY OFFICE

7700 Irvine Center Drive, Suite 800
Irvine, CA 92618
Phone: 800-507-9470
Fax: 858-622-9540

BAY AREA OFFICE

201 Spear Street, Suite 1100
San Francisco, CA 94105
Phone: 800-507-9470
Fax: 858-622-9540

Hiring an Employment Law Attorney – What to Discuss or Not Discuss at Your Initial Consultation

Hiring an Employment Law Attorney – What to Discuss or Not Discuss at Your Initial Consultation

Most people will spend a third of their lives at work and do not know much about California employment law. That is why it is important to speak with an employment law attorney. Most of us are not independently wealthy or own our own business. Therefore, one third or more of our adult life will be spent furthering the goals of our employer. This may or may not align with our own personal goals. We are here to help you.

Many of us that work for our employers are full time employees. It is hard enough to wake up, commute and be at your place of work at a specific time each day however, when your work environment becomes uncomfortable die to harassment, jealousy, discrimination, retaliation, or grievances over hours worked and or pay, you may discover yourself depressed, uncomfortable, upset. unstable, confused and even feeling strange to show up at work.

Considering so much of your life is spent at work, when thing go south it is very much comparable to a divorce situation.

Are you currently unhappy in your job? Have you recently quit or been terminated? You are not alone…According to a US Bureau of labor Statistics, the average length of employment ach year falls to a shorter term of employment in the same position and or company. Approximately, two out of every three employees either plan to leave their job by the end of their initial year, or would leave their job immediately if something better came along.

When it comes to employer and employee litigation suits, very few lawsuits that are filed ever actually go to trial, and of those that go to trial, most plaintiffs don’t fare as well as they had hoped.

In today’s business environment, the job market has dramatically changed. To sum up, there appears to be less loyalty on both sides of the employment equation. Employment loyalty by the employee is becoming more and more impatient causing employment churn to increase. Each year, greater numbers of discrimination lawsuits are being filed, but approximately 99% of them aren’t going to trial. The cases that do end up in court typically obtain smaller verdicts.

With this in mind and, understanding the new job environment, and the changing roles by both the employer and employee, what should you be looking for in an employment lawyer? The following is a list of subjects to consider discussing for your first interview with an employee attorney.

Topics to Discuss or Not Discuss with Your Employment Law Attorney:

1.) How Well Does the Employment Law Attorney Communicate: Your lawyer must be easy to talk to, easy to reach and, who is willing to regularly follow-up with regular case updates. Your attorney must be computer and texting-literate.

2.) Private Investigator Services: Investigators can dramatically increase the value of an employment case. A competent licensed private investigator will obtain information about the people involved in the dispute go benefit its client. Ask your new attorney if he or she uses an investigator when applicable, and when and why the private investigator will be brought into the case.

3.) Full Disclosure: You must be 100% honest with your attorney and hold nothing back but, be detailed and specific. Your employment law attorney must know that you documented and reported everything that is relevant in a detailed and precise manner. It is important you provide all of the information regardless “good” or “bad” to your lawyer before any outside surprises catch your employee lawyer off guard or unprepared for a response. Your employment lawyer can’t help you unless you provide full discloser.

4.) Resolve Early, or Litigate: Many employment law attorneys litigate first, resolve later. Many employment lawyers try to resolve first, litigate later. Both type of attorney practices has their benefits and drawbacks. Litigation is unpleasant, stressful, time consuming and expensive for everyone. Ask your attorney what percentage of his or her practice emphasizes early resolution. Meaning, stay away from a lawsuit if at all possible. You want to also discover how well known your attorney is in the area and court room and, that they are recognized as a leader in the industry. You also want to make sure, because your lawyer is not afraid of a legal court room battle.

5.) Contingency Fee: It is common for an employment lawyer to charge a contingency fee, which is a percentage of your case if it settles “win”, and nothing if your case never settles “loss” or “stalemate”. Some legal practices charge 40% of the gross recovery, and take that fee “off the top,” Other than representation of minors, whereby fees are determined by the court, the attorney fee may be negotiated freely between the parties.

6.) Questions to Ask: Don’t be afraid to ask the employment law attornies about the strengths and weaknesses regarding your case. Ask your employment law attorney straight up “do I have a case?”

7.) Testimonials/Witnesses: Bring a documented list of people who have agreed to speak to your lawyer about what happened to you at work. Include with this list their name, address, email and phone numbers.

8.) Do Not Bring Up “How Much Can I Win”: Good lawyers will not offer a response. A good lawyer understands based upon your first meeting. It is almost impossible at this early stage to offer a legitimate response to your compensation question.

How We Can Help as an Employment Law Attorney

Have a legal problem and need some help with your employer or employee? Contact us today for a Free consultation. We have 3 convenient locations to discuss California employment law and your rights:

SAN DIEGO OFFICE

5820 Oberlin Drive, Suite 110
San Diego, CA 92121
Phone: 800-507-9470
Fax: 858-622-9540