Respected Bay Area Attorneys Provide Wrongful Termination Defense
Seasoned Oakland lawyers aid employers in lawsuits and state investigations
California is an at-will employment state, which means that workers can be terminated for any legitimate business reason. Still, workers often lodge claims or file lawsuits alleging that there were ulterior motives for their discharge. To defend your decision to fire an employee against a legal challenge, you need an attorney skilled in the law of the workplace. Businesses and other employers have turned to Bay Oak Law in Oakland for legal help since 1998. We will conduct a thorough investigation and collect documentation to build a strong case that your decision to fire was justified.
Counselors skilled at building cases to demonstrate motivation for firing was legal
Wrongful termination suits often cite these exceptions to at-will employment:
- Discrimination — To prove a wrongful termination case based on discrimination, the employee must show that a substantial motivating factor for the termination decision was bias against his or her age, race, religion, gender, disability or another characteristic.
- Retaliation —An employer cannot fire an employee for making a complaint about wrongdoing by colleagues or supervisors or for participating in an investigation by the Department of Fair Employment & Housing (DFEH) or Equal Employment Opportunity Commission (EEOC).
- Public policy violation — Firing an employee who refuses to undertake a harmful task, sign an illegal contract or participate in illegal activity may qualify as wrongful termination.
- Contract violation — Some employment contracts require the employer to follow certain terms in order to fire an employee. As long as a contract remains valid, its terms are binding.
In wrongful termination lawsuits, the burden of proof is on the employee. In our defense of employers in DFEH investigations or in litigation, we marshal evidence that supports the legitimate motives and actions of management. We also pursue mediation or arbitration where these remedies are likely to produce favorable outcomes.
Attorneys skilled at preparing severance and separation agreements
Even though a termination is lawful and valid, it may still be subject to a legal contest. Enlisting the help of an employment lawyer before undertaking a layoff or termination may prevent such litigation. We work with management and human resources to create enforceable severance and separation agreements that can set down the terms of legitimate termination and limit the opportunities for an employee to challenge a discharge.
Contact supportive Oakland wrongful termination defense attorneys today
When your Bay Area business is facing a wrongful termination complaint, the legal team at Bay Oak Law can step in to help. To schedule your free initial consultation with our Oakland, California office, call us at 510-208-5500 or contact us online.