If you feel you have been illegally terminated at least in part for one or more of the traits below, Win Nguyen can help enforce your rights as an employee and gain proper compensation for you. Depending on your state’s laws, your employer typically must not discriminate against an employee for the following:

1. Race

2. Sex/Gender, Gender Identity and Expression

3. Pregnancy

4. Religion

5. Ancestry

6. National origin

7. Disability (mental and physical)

8. Medical condition(s)

9. Marital Status

10. Age (for workers over 40)

11. Military service or affiliation

12. Anticipated military deployment

13. Application for family and medical care leave

14. Citizenship status (for citizens, permanent residents, temporary residents)

15. Sexual orientation

16. Whistleblowing

17. Refusing to break the law

18. Reporting unsafe working conditions

19. In retaliation for filing a discrimination or safety claim

Contact Win Nguyen Law Firm immediately if you feel you have been terminated for discriminatory purposes to ensure a proper filing, as depending on your state’s laws, the process to filing a civil lawsuit may require certain conditions be met first.

In a wrongful termination lawsuit, depending on your state’s laws, you will generally need to prove the following to have the best chance of winning in court:

1. You had a clear employment relationship between yourself as the plaintiff and your employer as the defendant,

2. The employee’s employment was terminated, aka you were “fired,” by the employer (rather than simply being let go or laid off,

3. Your protected status was a substantial motivation for your employer’s decision to terminate your employment, and…

4. You suffered harm as a result of the discriminating, wrongful termination and as a result of your employer’s conduct.

Procuring evidence that explicitly proves the above may be confusing or otherwise difficult for workers to manage on their own. If you are considering filing a claim for wrongful termination action, be sure to contact Win Nguyen Law FIrm for a free consult. Our specialized attorneys can help make the process simple and effective in ensuring your case’s success.

Depending on your state’s laws and legislative history, such as the California Workers’ Compensation Act under California Labor Code §§ 3200 - 6149, a worker may have to forgo all other remedies for on-the-job injuries should all their injuries suffered within the course and scope of their employment be covered by the employer as legally required.

This is called the compensation bargain, and is typically enforced by courts. However, there are many exceptions which allow injured employees to also sue their employer in a court of law for damages resulting from on-the-job injuries, such as for discrimination or failure to accommodate a known injury or disability or soon.

Employment law cases can become complex very fast, and often times, the worker has no idea that certain deadlines may exist which must be met for a case to be filed in a court of law. In addition, employers will typically have greater resources at their disposal for legal and financial purposes compared to the employee. It is important to never give up on your rights; if you would like your justice to be served and to obtain your rightful compensation, consulting with qualified attorneys like the Win Nguyen Law Firm is the first step to recovering and securing your future.