California Wrongful Termination Lawyer
Helping Clients Who Have Been Wrongfully Terminated
Being fired can negatively impact your life in many ways. You may lose income to provide for your family, lose your home and your transportation, and you could find it hard to secure employment in the future. While losing a job is not necessarily a violation of state regulations, California law protects employees from being unlawfully terminated.
Wrongful termination claims can help California employees seek justice. If you’ve been terminated because of your race, religion, age, or membership in another protected class, you may have a case. A wrongful termination lawyer can help you identify the reason you were let go and protect your rights.
At Justice Law Corporation, our California wrongful termination lawyers have decades of combined experience helping employees suffering from wrongful termination. We will stand by your side as we investigate what happened and help you prove that you were terminated illegally. We are prepared to guide you through the legal process so you can proceed with confidence.
Our legal team operates on a contingency fee basis, so you have nothing to lose by hiring a wrongful termination attorney at our firm. Call today for a free consultation at 818-230-7502.
What Are California Laws Regarding Termination?
California law considers workers “at-will” employees, meaning employers may fire them at any time. However, at-will employees enjoy certain protections, including not being terminated for reasons prohibited by state and federal laws. If a worker is wrongfully terminated, they may file a claim against the employer for unlawful termination.
It is also important to note how you are classified as an employee under California law. For example, an independent contractor is hired to perform a service or provide goods to businesses and individuals. An employee, on the other hand, is usually someone who performs labor and is managed or directed by an employer. Independent contractors and employees have different benefits and protections under the law.
When you accuse your employer of wrongful termination, they may claim to have a valid reason for firing you. Disproving this reason and showing evidence of wrongful termination is called proving pretext for termination, which can help you get favorable results. Reach out to our team of wrongful termination attorneys today for excellent legal counsel and representation based on over a decade of experience.
What Causes Can Lead to Wrongful Termination Lawsuits?
A California wrongful termination lawyer can file a legal action to obtain relief if you’ve been terminated for a cause recognized by courts as illegal. The types of actions that can be considered wrongful fall into six general categories. While some of these categories are well-known, others are often overlooked or misunderstood, which is one reason it is so important to work with an attorney experienced in handling a wide variety of wrongful termination claims.
Protected Characteristics
California laws, such as the Fair Employment and Housing Act (FEHA), as well as federal civil rights laws enforced by the Equal Employment Opportunity Commission (EEOC) prohibit employers from discriminating against employees on the basis of traits that are considered protected factors. Termination is a serious example of discrimination in employment.
If an employer dismisses an employee because of any protected characteristic, then that termination is unlawful. Protected factors in California include:
- Race or skin color
- Ethnicity, national origin, or ancestry
- Religion or religious practices
- Older age (over 40)
- Gender and gender identity or expression
- Sexual orientation
- Disabilities (mental or physical) and medical or genetic conditions
- Pregnancy, childbirth, breastfeeding, or reproductive decisions
- Status as a veteran or member of the military
- Marital status
Federal law prohibits employers from discriminating against employees on the basis of citizenship status. While employers are required to ensure that employees have appropriate work authorization, they cannot terminate an employee because of failure to seek or obtain citizenship.
In addition, provisions in California’s Labor Code prohibit employers from preventing employees from engaging in political activity or from trying to control employees’ political activity. Retaliating against an employee by terminating the employee because of political beliefs or actions would be a violation of these laws.
Depending on the characteristic at issue, a wrongful termination lawyer in California may be able to take action based on either state or federal law, so it is important to discuss options and available remedies. It is generally wise to consult with an attorney as soon as you suspect your termination may have been wrongful, based on protected factors, so that your legal advocate can assist in gathering evidence to support your claim.
Filing a Workers’ Compensation Claim
Most employers in California are required to participate in the workers’ compensation scheme to provide benefits to employees who are hurt on the job. Employees who suffer injuries at work or who become ill due to workplace conditions are expected to file a claim for benefits to enable them to obtain appropriate medical care and some wage replacement benefits until they can return to work.
If an employer dismisses an employee because they have filed a claim for workers’ compensation benefits, a California wrongful termination lawyer at Justice Law Corporation will know how to effectively fight for relief, including compensation.
Violation of an Express, Implied, or Oral Agreement
The “at-will” employment doctrine followed in California generally does not require employers to have a good reason for firing an employee, as long as they do not terminate employment for a wrongful reason. But in some cases, employers do need to demonstrate good cause for firing an employee. That is the case when an employee is operating under some form of contract.
The contract could be in writing, but it can also be based on a purely oral agreement or a contract that is implied based on circumstances and behaviors between the parties involved. Deciphering the specialized meaning of contractual terms in a written contract can be challenging. When a contract is based on terms that are not written, the difficulties are often even greater. In these situations, the problem is not so much interpreting the terms as establishing what those terms include. With an oral contract, you need to establish what was promised by the employer and what was accepted by the employee. This can require an intense search for evidence.
When an employment contract is implied, the terms are not specifically discussed between the employer and employee, either in writing or verbally. Instead, the terms are either implied-in-fact or implied-in-law based on the actions or circumstances involved with the employment. Some examples of factors that can create an implied employment contract include:
- Assurances of job security and a long-term relationship with the company
- A company’s pattern of imposing several stages of disciplinary measures before termination
- Repeated strong performance reviews
- A company policy of only terminating employees for “good cause”
If an employee has enjoyed some or all of these types of factors and then is suddenly dismissed without explanation or warning, a California wrongful termination lawyer at Justice Law Corporation could pursue a claim for breach of the implied employment contract.
Retaliation for Exercising Your Rights
Federal law and California law provide numerous rights for employees, and lawmakers want employees to be able to exercise those rights without fear of losing their jobs. If you exercise your right to take family leave or medical leave, for instance, your employer is not allowed to terminate you just because you’ve chosen to take advantage of those rights. Your employer is also not permitted to dismiss you because you’ve filed a complaint alleging a violation of the law, such as if you’ve asserted that the company is operating in violation of wage and hour laws or FEHA requirements.
If your employer fires you for asserting your legal rights, you may be entitled to specific remedies for relief.
Refusing to Comply with Wrongdoing or Calling Attention to Unlawful Practices
Unfortunately, many companies operate in ways that violate the law, and they expect their employees to go along with the illegal practices or to stay quiet about violations they’ve seen. When an employee refuses to comply with orders that violate state or federal law and is terminated as a result, that constitutes wrongful termination. Similarly, when an employee is dismissed because they blew the whistle and exposed wrongful practices at the company, that is also a wrongful termination.
Lack of Notice Before Mass Layoffs
California’s Worker Adjustment and Retraining Notification Act, commonly referred to as the WARN Act, requires certain employers to provide employees with at least 60 days’ notice before undertaking a mass layoff, closing a plant, or relocating jobs.The requirement applies to companies that employ (or have employed in the preceding 12 months) 75 or more full and part-time employees. If an employer violates this law or federal provisions, our team can file a legal claim to help employees recover back pay and other relief.
What Should I Do If I’ve Been Wrongfully Terminated?
Employers should be held accountable for the pain, suffering, and emotional distress they cause after a wrongful termination. If you are a victim of wrongful discharge, you have legal rights that must be respected.
Some simple steps you can take to bring a successful claim against an employer include:
- Remaining calm and avoiding outbursts
- Gathering evidence to back up your version of how the termination took place, such as documents, communication between you and your employer, and medical records
- Preparing a detailed timeline of events
- Consulting with a trusted wrongful termination lawyer to see if you have a valid claim.
- Filing an official complaint after speaking with a wrongful termination attorney
Can My Employer Retaliate if I File a Wrongful Termination Claim?
Many victims worry about pursuing their wrongful termination cases because they think their employer might blacklist them. This can be worrisome, especially if you think you might get your job back and continue working with the employer for the foreseeable future. However, fearing retaliation should not stop you from speaking with a wrongful termination lawyer about your rights.
If you are facing backlash following legal action, you may be eligible for compensation in a retaliation claim. Contact our law firm right away about the illegal activity occurring in your workplace. We are proud to protect employees and ensure they get the benefits they are legally entitled to. Our trial attorneys will fight for you to end the illegal conduct and seek compensation on your behalf.
Why Do Victims of Wrongful Termination Need an Employment Attorney?
When you are facing adverse employment action such as harassment, refusal to pay overtime, denial of rest and meal breaks, or wage and hour disputes, you should speak with an employment lawyer right away. Your attorney can also help determine whether the circumstances surrounding your dismissal would be considered wrongful termination.
An employment lawyer can help in many ways, including:
- Offering excellent advice based on decades of experience
- Explaining your rights as an employee
- Proving emotional distress and monetary damages
- Gathering evidence to back up your wrongful termination case
- Filing retaliation claims if applicable
- Securing compensation for your wrongful termination
If you have any questions or concerns about how an employment issue is handled at your place of work, please reach out to our wrongful termination attorneys right away. Your lawyer will address your points of concern and help defend your rights. Call our law office right away to meet with our California wrongful termination attorneys in a free consultation and learn how Justice Law Corporation can help you.
FAQs About Wrongful Termination in California
Justice Law Corporation was founded to protect the rights of workers in California, so workers often come to us with questions about the problems they’ve suffered in employment. If you contact us directly, we can schedule a free consultation to answer questions based on the facts of your specific situation. For background information, here are answers to some of the questions we get most frequently.
How Long Do I Have to File a Claim for Wrongful Termination?
When your employment ends, the clock starts running on the deadline to file a claim for wrongful termination. However, the deadline will vary depending on the basis of your claim. For instance, if you are alleging that your employer breached an implied or oral contract or that your termination was based on your refusal to commit an act that violated public policy, then you may only have two years from the date of termination to file your claim. On the other hand, if your claim is based on an alleged violation of FEHA or EEOC rights, the WARN Act, or certain whistleblower laws, you may have three years to prepare and file your claim. A knowledgeable California wrongful termination lawyer can explain how the statute of limitations applies in your specific case.
What Should I Do if I’ve Been Wrongfully Terminated or Think I’m About to Be Fired?
Evidence is crucial to prove that an employer terminated you for wrongful grounds, and details matter. So it is a good idea to take notes (or record messages to yourself in your phone) about what management has said and what has been done. Be as specific as possible. It is also helpful to discreetly ask co-workers if they would be willing to speak to your attorney. If you don’t already have an attorney, this is a good time to schedule a discussion with a wrongful termination lawyer who is familiar with California laws.
What Can I Recover in a Wrongful Termination Claim?
The remedies available in your situation may vary depending on the grounds for your wrongful termination claim. In many cases, you can seek compensation for lost wages, emotional distress, and other consequences of the employer’s improper actions. There may be the potential to be reinstated to the job or a different position. Your attorney can review the options available in your case.
When you hold your employer accountable for wrongful termination, our team can help you obtain justice, which enables you to move forward from a position of power. You also have the satisfaction of knowing that you’ve helped improve the workplace for others in the future.
How Much Does it Cost to Hire a Wrongful Termination Attorney?
We can’t speak for other law firms, but at Justice Law Corporation, we offer free consultations and we work on a contingency fee basis. That means you don’t pay anything to talk to us or work with us until we win your case. When we succeed with your claim, our fees are deducted from the proceeds. There are no risks or up-front costs.
How Do I Know if I Have a Good Claim for Wrongful Termination?
You may have a strong claim for wrongful termination if you have evidence that your termination was based on a factor such as being a member of a protected class or that you were fired in retaliation for exercising your legal rights. Employers usually will not admit outright that they are acting from unlawful motives, but sometimes you can make a case based on circumstances. For instance, if your employer says your job is being discontinued but there is someone being trained to replace you, then that indicates that the employer is not being honest about the reason for the termination. Talking to an attorney who understands the laws of wrongful termination in California is the best way to find out whether you have a solid claim.
Should You Hire Our Wrongful Termination Lawyers in California?
Individuals who lose their jobs may initially feel panicked about what to do or where to go for help. If you or your loved one is a victim of termination for unlawful reasons, please know that you have help at Justice Law Corporation.
Our knowledgeable team of California wrongful termination attorneys is ready to help you. We have a detailed understanding of state and federal laws and can help you apply them to your case. We will use our knowledge and experience as we fight for the positive results you’re looking for.
At our law firm, we believe that every employee has the right to respect and dignity. We promise to dedicate our time and energy to defend your rights and seek justice in your wrongful termination case. We will seek compensation in full, including punitive damages.
Call our compassionate, caring legal team at 818-230-7502 today to schedule your free case evaluation. We charge based on a contingency fee, so we don’t get paid until you do. Reach out to us right away to discuss your unique circumstances with our legal team.