Bakersfield Wrongful Termination Attorney

Your Rights: Wrongful Termination in Fresno

In many an employer/employee legal contract, the relationship is often "at-will", meaning that the employer has the authority to terminate the employee at any time, with or without cause. In the state of California, there is one overruling exception that trumps that agreement. It is unlawful for an employer to terminate an employee for filing a workers' compensation claim. Each employer has a duty with his or her workers' compensation insurance to refrain from retaliation against an employee who has taken action, the reason being that injured workers are entitled by statute to compensation. It is important to reach out to a Bakersfield workers' compensation attorney to understand your options.

Specific Points that Qualify Your Wrongful Termination

An injured worker may have probable cause to claim a retaliatory discharge against his or her employer if certain requirements are met: the employee must be valid under the employer's workers' compensation insurance, the employee has already filed a claim and/or has proactively begun the workers' compensation process, the employer either terminated, threatened to terminate, or in any other way took action against the injured employee, and the termination was indeed caused by the employee's action of filing a workers' compensation claim.

What should you do if you are terminated before filing a claim? There is still hope. If the employer was aware of the employee's workplace injury, thus acted upon the situation before official action was taken by the employee, there is a potential case of wrongful conduct. With an experienced lawyer, you greatly increase your chances of initiating a claim for a retaliatory discharge, even if termination commenced before a workers' compensation form was filed.

How a Wrongful Termination Attorney Can Help

Whether you are going through either situation, it is important to contact a workers' compensation lawyer as soon as possible if your employer has initiated negative action following your workplace injury. We at The Law Office of Wm. Todd Berry, APC, are qualified professionals dealing with wrongful termination. Our firm is able to assess your rights and needs while evaluating the situation on an individual level. Your recovery is important to us, and it is a privilege to serve our clients.

If you are a victim of wrongful termination, do not hesitate to contact a Fresno workers' compensation lawyer for your free consultation.