Attorneys Protecting You From Wrongful Termination
San Francisco's employee rights lawyers, Bracamontes & Vlasak, P.C.
When employees are fired, they often believe they have been wrongfully terminated. That belief should be tempered with the reality that California is an "at will" employment state, meaning most employees can be fired for any reason or for no reason at all -- so long as they are not fired for an improper reason. For instance, you cannot be fired in retaliation for complaining about sexual harassment or racial discrimination. Similarly, an employer may not terminate employment because an employee has taken medical or disability leave in accordance with California law. Nor may an employer terminate employment because of race, gender, religion or sexual orientation.
To find out if your circumstances call for wrongful termination litigation against your former employer, call us at 415-835-6777. You can also contact us by e-mail.
You cannot be fired for these reasons:
Although California is an "employment at will" state, federal and state laws can provide protections to employees fired in the following circumstances:
- Retaliation: In whistleblower situations in which you pointed out illegal or unethical behavior by your employer.
- Illegal harassment: If you reported sexual harassment or racial harassment or harassment based on sexual orientation, age, religion, national origin, disability or illness (including HIV/AIDS).
- Illegal discrimination: If you reported discrimination based on race, gender, sexual orientation, age, disability, illness (including HIV/AIDS), national origin or religion.
- Contract: If you have an existing employment contract or implied contract. An implied contract is often formed when an employee has been working for an employer for many years, and it is tacitly understood that the employee will retire there or will only be fired for good cause. Generally, a written contract to the contrary, specifying that an employee is at-will, overcomes or defeats any implied contract.
Related employee rights issues:
You do not necessarily need to be a victim of wrongful termination in order to pursue litigation against an employer. In some cases, employees are demoted, passed over for promotions, get reduced hours or responsibilities because they blew the whistle on discrimination or harassment they suffered or a fellow employee experienced.
Bracamontes & Vlasak, P.C. also represents employees with wage and hour claims, when employees are not getting paid for overtime, are being forced to work off the clock, are improperly designated as salaried employees, or are forced to take "comp time" in lieu of overtime pay.
To schedule a confidential appointment with an experienced wrongful termination lawyer at BV Law, call us at 415-835-6777. You can also contact us by e-mail.
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Bracamontes & Vlasak, P.C.
220 Montgomery Street, Suite 870
San Francisco, CA 94104
Phone: 415-835-6777
Fax: 415-835-6780
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Bracamontes & Vlasak, P.C. serves San Francisco, San Rafael, Walnut Creek, Oakland, Berkeley, San Jose, Palo Alto and Mountain View. We also serve other communities in San Francisco County, Alameda County, Contra Costa County, Marin County, San Mateo County, Santa Clara County, Stanislaus County and San Joaquin County and San Francisco Bay, East Bay and South Bay of California.
