Workers who are fired from their jobs are often confused about what just happened and uncertain about what comes next. For those who are axed shortly after reporting misconduct, however, the reasons for the termination can seem crystal clear.
Workers across California have the right to report misconduct without fear of retaliation. Yet this right is often tested by employers who either do not understand the law or simply do not care. That is where we come in.
At Justice Law Corporation, our California wrongful termination lawyers help working people who have been fired for blowing the whistle on unlawful activity and other misconduct. Our attorneys can help you determine if you have a wrongful termination or other claim and take action to enforce your rights. We are experienced lawyers who have a track record of success in court and through negotiated settlements.
Not all firings are illegal. Even if you can prove that your termination was not justified, that does not necessarily mean you can prove a claim for retaliation. You have to be able to show that the move was in response to reporting misconduct or engaging in other protected activity. We can help.
When a Firing is Retaliatory
California is an “at will” employment state, just like the vast majority of the rest of the country. This means that employers can fire employees at any time and for just about any reason. It also means that employees are free to leave their jobs at any time they choose.
There are some limits, however. Employers cannot fire workers for discriminatory reasons or to punish them for engaging in lawful activity on the job. That includes reporting:
- Harassment or discrimination
- Wage and hour violations
- Unsafe working conditions
- Fraud and other misconduct
Workers are protected even if the conduct about which they complained turns out to be lawful or the complaint cannot be proved. As long as you reasonably believed you were acting in a protected way and the employer took a retaliatory action, you may be protected.
The anti-retaliation laws are a crucial part of workers’ rights on the job. They give employees the power to speak up, take action, and help coworkers without fear of punishment from their bosses.
Firing is a common form of retaliation, but it is far from the only form. Others include:
- Demotion
- Pay cuts
- Hours reductions
- Assignment changes
- Scheduling changes
- Poor performance reviews
- Denial of benefits
- Sudden enforcement of existing policies
Any action designed to punish a worker for protected activity can be retaliation.
Proving Wrongful Termination
The California Fair Employment and Housing Act and other laws give fired workers the right to challenge their terminations in court. The legal remedies typically available in suits alleging retaliatory firing include:
- Back pay: Wages and benefits lost from the date of termination to the settlement or judgment
- Injunction: Ordering the worker to be returned to the job
- Front pay: Future lost wages if reinstatement is not possible
- Compensatory damages: Compensation for emotional distress, pain, suffering, humiliation, and damage to reputation
- Punitive damages: Extra damages designed to punish the employer for particularly malicious behavior
- Attorney fees and costs: The employer may be ordered to pay the employee’s fees related to the legal action.
To get these kinds of remedies, you have to be able to prove that your firing was retaliatory. Simply having a feeling that you were wrongly terminated is not enough. Instead, you have to be able to present evidence showing that it is more likely than not that retaliation was the motivation for your firing.
Timing can be key to proving a wrongful termination claim, especially when the firing comes on the heels of a worker reporting misconduct.
Under California law, an employer who takes an adverse action against a worker within 90 days of the worker engaging in protected activity is automatically presumed to be retaliating against the worker.
The burden then shifts to the employer to show that the firing was based on factors unrelated to retaliation. Many employers argue that terminations are performance-based or the result of repeated problems, like missing assignments or failing to show up on time. Or they assert that business reasons – changing demand, “reorganization,” etc. – prompted the move.
Employers cannot simply cite non-retaliatory factors, however. Once the burden shifts to the employer, the employer must prove that these were the actual reasons for the termination to avoid liability.
Evidence is crucial in these cases. It often helps show that an employer’s stated reason for the termination is pretext, either because it is factually untrue or because other employees were not fired under similar circumstances.
Here are some of the strongest types of evidence that can be used to back your claim:
- Emails or text messages
- Performance reviews
- Employee handbook
- Termination notice
- Records of complaints you made
- Witness statements
Records showing that you had little or no history of performance issues before the firing, for instance, may help counter an employer’s claim that the termination was based on the quality of your work. Similarly, evidence showing that other workers in similar situations who did not report misconduct were not fired for the same supposed performance issues can also go a long way.
Our California Wrongful Termination Lawyers Can Help
If you believe that you were unlawfully fired or laid off from your job, you do not need to go it alone.
A California wrongful termination lawyer at Justice Law Corporation can help you evaluate your claim and understand your rights and options. We have a strong track record of optimal results through verdicts and settlements for the people that we represent.
Our office is conveniently located in Pasadena. Contact us at (818) 230-7502 to schedule a free consultation with a California wrongful termination lawyer.
