Oakland Wrongful Termination Lawyers
Exercise your right to demand your job back if an Oakland employer wrongfully fired you. Welcome to Miracle Mile Law Group – Oakland. We represent only employees in employment law throughout California. If you or a loved one is seeking an Oakland wrongful termination attorney, you’ve come to the right site.
This is personal for us here at Miracle Mile Law Group – Oakland. We know the difference between right and wrong and have based our entire careers on reminding others of that distinction. If you’ve experienced wrongful termination against your Oakland California employer, contact us for a free consultation today.
Top-rated Oakland wrongful termination attorneys
You worked hard to get the job you have. Often you had to win the job over many other qualified workers. You likely needed to go to school or learn a craft or trade to acquire the skills you need for your job – or you had to do physically demanding work to obtain the job. Whether you work in manufacturing, construction, healthcare, professional, retail, education, or any other type of job – you have the right to expect that you won’t be terminated based on your race, national origin, gender, or other identifying characteristics.
While employers do have a great amount of latitude, there are laws that are designed to protect workers (who don’t have a written contract) from being fired due to discrimination. If you have a contract, you have the right to expect that the employer will honor that contract. At Miracle Mile Law Group, we fight to obtain your job back and to obtain all the benefits (such as pay, seniority, and healthcare benefits) that you lost if you are wrongfully terminated.
Commonly asked questions
- What are the requirements to file an Oakland wrongful termination claim?
- What laws govern employee termination in Oakland?
- How does a written contract or CBA my rights to keep my job?
- Can an employer in Oakland fire me for asserting my rights?
- How do your lawyers fight for employees who have been wrongfully fired?
- What damages does an employer have to pay for wrongful termination?
What are the requirements to file an Oakland wrongful termination claim?
California wrongful termination claims are generally filed in California before the California Department of Fair Employment and Housing (CDFEH) or before the Equal Employment Opportunity Commission (EEOC). The CDFEH and EEOC investigate employment claims. If the agencies can’t resolve the claim, then our Oakland wrongful termination lawyers file a complaint in the corresponding California court or federal court. Whether the claim is filed in California or the federal system depends on whether the employee meets the terms of the statute such as employer size and other factors.
Wrongful termination – no contract
Most employees in Oakland don’t have a written contract. Oakland employers can fire employees who don’t have a contract – at-will – for any reason. Legitimate reasons for a termination of an at-will employee include almost everything from downsizing and different employment goals to personal reasons – provided the termination doesn’t discriminate or doesn’t violate specific legal rights.
If an employer terminates you because of your color, national origin, race, gender, sexual identity, disability, pregnancy, or an assertion of rights; you may have a wrongful termination claim. If you’re fired because you’re getting older (40 or more), you may have a wrongful termination claim too. Employers generally cannot fire employees for asserting their rights – such as the right to file a whistleblower claim or to serve on a jury.
Don’t assume you don’t have a claim. Call Miracle Mile Law Group today. We’ll review your rights and file a wrongful termination claim if you were discharged improperly. We’ll also help you verify that the firing was more than just personal – that it violated your state or federal employment rights.
What laws govern employee termination in Oakland?
The federal and state laws that protect at-will employees from wrongful termination include:
Title VII of the federal Civil Rights Act of 1964. This federal law was enacted to protect employees from wrongful discrimination and other types of discrimination if the employer has 15 or more employees. Discrimination includes terminating employees due to their race, color, sexual orientation, or religion. Most types of employers are included. We’ll explain what exceptions may apply.
Other federal laws that protect Oakland employees from wrongful termination include:
- The Americans with Disabilities Act (ADA). Protection from disability discrimination.
- The Age Discrimination in Employment Act (ADEA). This law is for employees 40 and older.
- Federal and California whistleblower laws.
- Other laws.
The California Fair Employment and Housing Act (FEHA) also protects employees from wrongful termination based on race, gender, gender identification, marital status, pregnancy, military status, national origin, sex, sexual preference, and other factors.
How does a written contract or CBA my rights to keep my job?
Union workers and valuable employees often have written contracts that set the terms of their employment – including when they can be fired.
- Collective bargaining agreements (CBAs). Many union workers have collective bargaining agreements that govern their employment. Most CBAs provide that covered employees cannot be fired without cause. Cause includes fraud, working for the competition, dishonesty, or not meeting the company’s goals – and other legitimate reasons.
- Individual employment contracts. Employers often have written contracts for managers, financial experts, people with valuable technical skills, and other special skills. These written contracts normally require cause to file a covered employee.
Can an employer in Oakland fire me for asserting my rights?
At Miracle Mile Law Group, we also represent employees who are terminated because they asserted their legal rights. These rights include:
- Filing an employment discrimination claim, a sexual harassment claim, a whistleblower’s claim, a worker’s compensation claim, or another employment claim.
- Supporting another worker’s claim
- Seeking family and medical leave benefits
- Fulfilling jury duty obligations
- Voting at an approved time
- Asserting your rights to “reasonable accommodations”
Call our Oakland wrongful termination lawyers if you were discharged or suffered an adverse employment consequence for asserting your legal rights.
How do your lawyers fight for employees who have been wrongfully fired?
Our lawyers answer all your questions starting with when and where you must file your claim. We’ll help you obtain the evidence you need to support your claim. We speak with management, coworkers, and anyone with information about your claim. We work to ensure the agency or court sees how good and valuable an employee you are.
What damages does an employer have to pay for wrongful termination?
If your employer wrongfully fired you, our Oakland wrongful termination attorneys demand that your employer complies with the relevant federal laws, state laws, and the terms of any written employment contracts – including CBA contracts. We demand that you:
- Be rehired
- Receive all your lost pay and lost benefits
- Be awarded any authorized legal fees and statutory damages
- Receive interest
- Receive any other compensation that may be authorized
Get help now. Speak with a seasoned Miracle Mile Law Group lawyer today
At Miracle Mile Law Group, we are fully committed to fighting for your right to keep your job and to hold an Oakland employer accountable for any damages you suffer due to the wrongful firing. Our Oakland wrongful termination attorneys have the experience, dedication, and resolve to help you obtain your job and full benefit compensation. We are respected across Oakland for our strong record of results. To assert your employment rights, call the Miracle Mile Law Group at (888) 244-0706 or contact us for a FREE case evaluation.