Do I Have Any Rights if My California Employer Has Wrongfully Terminated Me?
Losing your job can leave you reeling and scrambling to figure out what’s next. Although employers generally can fire and hire employees at will, they must adhere to state laws when making these decisions. If your employer has breached a state or federal labor law in ending your employment, you may be eligible to pursue legal action for your wrongful termination. However, it can prove challenging for individuals to figure out where and how to file a claim to seek justice for the harm they’ve experienced. A knowledgeable California employment law attorney can determine if you have a valid case, explain your legal options, and advocate for your rights as a worker.
What is Considered a Wrongful Termination in California?
California is an at-will employment state. Under this system, an employer can typically terminate an employee at any time, with or without cause. However, there are important exceptions to this rule that can protect workers from unlawful dismissal. Terminations may still be considered wrongful if they violate:
- Anti-discrimination laws: California’s Fair Employment and Housing Act safeguards workers from discriminatory firings based on age, race, gender, disability status, sexual orientation, and other protected characteristics.
- Whistleblower protection laws: These federal protections may apply if an individual has been fired in retaliation for making a good-faith report regarding workplace violations.
- Laws protecting employees who file certain types of claims: An employer is not allowed to terminate an individual for exercising their rights to file for workers’ compensation or family and medical leave (FMLA).
- Public policy: Individuals fulfilling their obligations as jurors, voters, or volunteer firefighters may have to miss work at times, but the law protects them from termination based on these civic duties. Individuals also cannot be fired for refusing to engage in illegal employer-requested activities, such as tax fraud.
- Employment contracts: It may be considered an illegal termination if an employer makes a written or implied contract with an employee regarding their continued employment status and then violates this contract by firing them.
Could I Have a Wrongful Termination Case if I Quit Instead of Being Fired?
In most cases, you must be fired, laid off, or downsized to pursue a wrongful termination claim. However, California labor laws recognize the concept of “wrongful constructive termination.” If an employer has created or permitted a workplace that is so intolerable that any reasonable person would be compelled to quit, then a worker may be able to seek wrongful termination damages even though they left their job. These cases are often complicated to litigate, so it is critical to retain records documenting the situation and contact a skilled employment law attorney as soon as possible.
What Can I Do if I Believe I Have Been Wrongfully Terminated?
Employees who feel they have been wrongfully terminated have several pathways to seek redress. The first step is often to file a complaint with the applicable government agency, such as the California Department of Fair Employment and Housing (DFEH) for discrimination claims. These agencies can investigate the claim and potentially take action against the employer to rectify the issue.
An attorney can evaluate your case and determine where a complaint should be filed. Labor laws can be confusing, but your legal counsel can ensure your report is completed correctly and contains the requisite information and proof. If you have exhausted administrative remedies without a satisfactory conclusion, you may then have the right to file a civil lawsuit against your former employer for damages.
It’s important to note that there are strict time limits, known as statutes of limitations, for filing wrongful termination claims in California. The exact timeframe can vary depending on the specific legal basis for the claim. For example, claims based on an implied oral contract have a two-year statute of limitations, while claims under the Fair Employment and Housing Act must be filed with the DFEH within three years of the termination. Missing these crucial deadlines can result in the dismissal of your claim, so prompt action is recommended to protect your case.
What Are the Potential Outcomes of a Wrongful Termination Claim?
If your employer fires you illegally, it can significantly impact your life. Employers who violate labor laws regarding the proper termination of employees should be held responsible for the harm they’ve caused. The exact legal remedies you can pursue in your case will depend on the details of your situation and how the termination affected you. Successful plaintiffs may be entitled to relief and compensation that could include the following:
- Economic damages: The employer may be ordered to pay for lost wages and the value of lost benefits, including health insurance, stock options, and retirement contributions. The compensation can cover both the current value of back pay and lost benefits, as well as future wages and benefits the individual would have earned if they had remained employed. Costs related to searching for a new job may also be included in some cases.
- Non-economic damages: The damage caused by a wrongful termination can go far beyond an individual’s finances. Therefore, the court may award compensation for emotional distress, physical pain or health issues directly related to the firing, injury to your professional reputation, and other intangible harms resulting from the job loss.
- Punitive damages: If the employer’s misconduct was egregious, the court could order punitive damages to punish them for their flagrant discriminatory or retaliatory actions. While infrequently awarded, these damages exist to make an example of bad actors and discourage this type of behavior by others.
- Attorney’s fees and court costs: Litigation can be expensive, but the defendant may be required to pay for the plaintiff’s legal expenses as part of the settlement.
- Reinstatement: If appropriate, the employer may be required to give the terminated employee their job back or place them in an equivalent position.
How Can Our Law Firm Help if You Believe You’ve Been Wrongfully Terminated?
At Justice Law Corporation, we understand the potentially life-altering effects of a wrongful termination. Our experienced attorneys are here to explain your rights and assist you in taking the necessary steps to advance your claim. To discuss your employment situation with our compassionate legal team, contact our Pasadena office at 818-412-9470 and schedule a free consultation.
