Our experienced lawyers at the top-rated Normandie Law Firm understand that being dismissed from your job position is not easy. California is an at-will state, which means that employees work there out of their own free will, and so employers can fire them without any legitimate cause. But if an employer does terminate an employee, the reason (or lack thereof) cannot violate any of the laws which are meant to protect workers. For more in-depth information on these laws, consult with an expert lawyer experienced in wrongful termination cases.
Tesla made the news recently after dismissing a number of employees after acquiring another company. It is possible that some, if not many, of these terminations were unlawful – employees of Tesla who were terminated may be entitled to receive compensation for the damages the firings did.
Tesla Inc. has fired an unknown number of workers after the company conducted a series of performance evaluations right after the company increased the numbers of its workforce with the purchase of SolarCity Corp.
According to Tesla, the performance evaluations are conducted annually and the departures reflect their findings. The company sent out an email without providing the number of affected individuals who were terminated after the evaluations. The maker of the Model S dismissed the claims that between 400 and 700 employees – including engineers, managers, and factory workers. The San Jose Mercury News reported those numbers citing anonymous current and former workers of Tesla.
The company has released a statement which attends to the situation at large: “As with any company, especially one of over 33,000 employees, performance reviews also occasionally result in employee departures. Tesla is continuing to grow and hire employees around the world.
The terminations came eight after the company built only 260 Model 3 sedans during the third quarter, less than a fifth of what it wanted to create – the amount in the forecast was 1,500. Tesla has been rather secretive in its details of the mass terminations and more so with the issues it’s having producing the Model 3. The vehicle is starting at $35,000 which is half the cost of Tesla’s least-expensive Model S sedan.
A delayed production risks the ire of the near half-million reservation holders who paid a $1,000 deposit earlier in 2017.
Upon acquiring SolarCity Corp. Tesla announced it was dissipating 63 positions at the corporation’s Roseville, CA office, according to an article posted by Business Insider. Tesla terminated the employees after purchasing the company for about $2 billion last year in 2016.
Do You Have a Wrongful Termination Lawsuit?
Employees who are terminated from their position in violation of an employee contract, discriminatory reasons, or for exercising certain legal rights may have the right to file a wrongful termination lawsuit against their former employer. As stated previously, California is an at-will state which gives employers the right to dismiss or terminate employees at any time, with or without notice. There are several causes, though, for which an employer cannot fire an employee. To learn more, reach out to a qualified attorney with expertise in wrongful termination injury lawsuits.
Contract Claims
If you have a contract which states you will have continued employment for a certain length of time, or limits the employer’s ability to fire you, your employer must adhere to that contract. If you believe that your employer has fired you in violation of that contract, then you may have a strong case against your employer.
Employment contracts are generally made in paper, so there is a physical copy of the agreement. But contracts can also be made verbally, though these are generally more difficult to prove as there is no physical evidence. There can also be implied contracts wherein the employee handbook given by the employer states that the employee will only be fired for a cause. Our skilled attorneys with experience in wrongful termination cases at the top Normandie Law Firm can help you sue for wages, benefits, and anything else which you would have received had the employer not breached any contract.
Discrimination Claims
Employers are not allowed to execute any job-related decisions based on certain protected characteristics. These characteristics include the following: race, color, national origin, religion, sex, pregnancy, age, disability, genetic information, sexual orientation, gender identity, citizenship status, marital status, AIDS/HIV status, medical condition, political beliefs, military or veteran status, or status as a victim of domestic violence.
If you are a member of these protected classes and believe that you were fired because of one of more of these characteristics, you may have a claim to file a discrimination lawsuit. In order to sue for discrimination, you have to submit a claim to the Equal Employment Opportunity Commission (EEOC) or the Department of Fair Employment & Housing (DFEH), the federal and state agencies which investigate such claims, respectively. Filing an application can be difficult and it is of the utmost importance that you file everything correctly in order to avoid wasting time.
Retaliation Claims
Employers are not allowed to fire employees for practicing activities which are within their employment rights. For example, an employer cannot take action against an employee for filing a discrimination complaint, even if the proceeding investigation leads to nothing. Other employee actions which are within employee rights are: taking family and medical leave, taking time off to serve on a jury, filing a workers’ compensation claim, or complaining about illegal wage/hour practices.
Sue Tesla SolarCity Wrongful Dismissal Employee Rights Lawyer
The damages to which you are entitled to retaliation claims depend on the law you exercised, or attempted to exercise. If you practiced an employment right and were punished, then you can file a lawsuit against your employer. An accomplished attorney who has experience in wrongful termination cases can help you pursue legal action.
Violation of Public Policy
Employees are protected from exercising their legal rights, refusing to commit illegal acts, or complaining about an unlawful workplace violation. This is different from retaliation because retaliation solely focuses on employment laws, while violation of public policy focuses does not need to be based on employment law. The following are examples of violating public policy:
- An employee is fired after refusing her employer’s request to lie to the IRS about the company’s earnings last year.
- An airport employee is fired after making a complaint to the federal government saying that the company is not meeting the safety standards required by flying aircraft.
In these examples, an employee would have the grounds to file a wrongful termination claim, even though there is no law which expressly forbids employers from not firing their employees for these reasons. The purpose of these claims – the big picture – is that no employee should be fired for exercising a legal right or not partaking in illegal or unethical behavior. If you believe you were fired for practicing decency, then an experienced attorney at the Normandie Law Firm can help.
What is the Average Value of a Tesla Wrongful Termination Case?
After being wrongfully terminated from your job at Tesla, you might have many questions. You might be wondering, how much do these cases settle for, and what type of compensation you could recover. These questions are normal and very common.
In general, the type of compensation available for recovery for a wrongful termination includes the following:
- Lost pay
- Lost benefits
- Pain and suffering
- Punitive damages
- Legal fees
Of course, the specific type of compensation available for recovery will be based on the specific details of the claim.
How much compensation can I recover? What is the average payout available for a Tesla wrongful termination claim? There is no value that can apply to all wrongful termination claims. In fact, claiming that a type of claim has an average value can often be very misleading. The different factors that can affect the value of a wrongful termination claim include the following: the claimant’s wage history, the cause behind the unlawful termination (whether you were harassed, discriminated against, etc. prior to your termination), and whether your claim went to trial, for instance.
In general, wrongful termination claims can be worth from $40,000 to $45,000. Of course, this can vary significantly. For instance, if you were in a high-earning position, then your claim could be worth a lot more just based on your wage history. Some can be worth hundreds of thousands of dollars.
For more information about the average value of your Tesla wrongful termination claim, do not hesitate to contact the experts here at our law firm immediately.
How Long Does It Take to Settle a Tesla Wrongful Termination Claim?
Here at our law firm, we are committed to helping our clients settle their claims within a reasonable length of time. We understand that having to wait months or years for a settlement is frustrating and can result in even more problems. Because of that, we are always straightforward with our clients. We aim to reach fair settlements for the wrongful termination claims that we handle within just six to eight months; however, this is not always possible. Even the most minor complications can make the legal process take longer than twelve months. More moderate complications can make the legal process take up to eighteen months. Unfortunately, some cases can take up to 2 years to settle.
My current lawyer is taking too long to settle my Tesla wrongful termination case. What can I do? If you are unhappy with the way that your case is progressing (i.e., things are not moving fast enough), you have the option to get another legal opinion. Here at our law firm, we offer free second opinions, during which our lawyers can evaluate your claim and give you an objective second opinion. If you decide to switch lawyers, then we will take on your claim and start working on things until we can get you the settlement that you have been waiting for.
If you are ready to speak with our lawyers, contact us today.
The Normandie Law Firm
If you believe that you have been fired unjustly, then you need to contact our law firm today. We are here to review the facts of your case and represent you if the evidence points to the fact your termination was illegal.
FREE LEGAL CONSULTATION: We at the Normandie Law Firm are here to protect your rights; we always put the client first above all. We offer free legal consultation to all of our clients. This gives you the opportunity to sit down with one of our attorneys and explain the facts of your case, free of charge and with absolutely no financial obligation on your part. Our attorneys will listen to everything you have to say and give you their initial thoughts on your case.
If we decide to take on your case, you will be financially covered by our zero-fee guarantee. The zero-fee guarantee is our promise to you that we will use every available resource to prove your case because if we do not do our job and win your case, then you will not owe us a penny for our services. We think it’s unethical to charge clients who are seeking restitution – to put them in a worse financial station than before. We will only charge for our legal services if we are able to win your case and get you the compensation you deserve.
Contact our law firm today to see what we can do for you. An attorney with experience handling wrongful terminaton claims will be available to assist you.
