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Understanding Wrongful Termination in California
A specialized wrongful termination lawyer can be instrumental in cases where an employee is unlawfully fired by their employer, thus violating federal and state laws.
As mentioned, there are complexities in proving wrongful termination in California because employment in this state is “at-will” or based on an employer or employee’s willingness to continue the relationship. This means that a person’s employment can be discontinued anytime without reason by either of the parties.
There are exceptions to this, such as being terminated for unlawful reasons like disability, race, sex, and other law-protected characteristics or conditions.
Proving a wrongful termination entails an in-depth legal analysis and investigation of the case because the burden of proof is on the employee. The evidence should be nothing short of solid and compelling for the case to be given merit by the courts.
This is not to say that employment contracts don’t hold any value. On the contrary, a contract can override the at-will employment if it includes a provision that the employee can only be terminated for just cause.
Other details outlined in the contract, such as:
- Employment term
- Output expectations
- Job description
- Work scope
- Compensation
- Dispute resolution mechanisms
can help a wrongful termination lawyer identify where and how the employer may have breached the agreement.
There are also statutory law provisions in place, such as those enforced by the Equal Employment Opportunity Commission, which, if proven, can prove that a termination is illegal.
Unlawful Reasons for Termination in California
Californians are protected from being fired for reasons defined explicitly by federal and state laws as unlawful. These include:
- Discrimination
This includes discrimination against race, gender, religion, disability, health condition, and other protected characteristics, including any actions taken under the Family and Medical Leave Act.
- Retaliation
It is also illegal to terminate an employee for carrying out a law-protected act like filing a complaint, whistleblowing, or reporting discrimination and other illegal activities in an organization. For example, an employer cannot terminate an employee for reporting that a colleague attempted to sexually harass them.
- Violation of Contract, Public Policy, or Legal Obligations
A legally binding contract should be honored by both the employer and the employee. If the termination is contrary to public policy, such as dismissing an employee for exercising a right to safety or reporting an unlawful activity, then the termination is illegal.
- Constructive Dismissal and Forced Resignations
There are cases when an employer uses coercive tactics like intentionally creating an intolerable working condition to force the employee to resign. Such a situation is legally considered wrongful termination even if the employee resigns from his or her post.
How to Determine If You Were Wrongfully Terminated
By being conscious of changes in your work conditions, such as:
- Hostile atmosphere
- Discriminatory remarks
- Adverse actions directed to you after complaining about a superior’s sexual advances
- Being given a heavy workload and impossible targets
- Abrupt dismissal without any notice
In such a situation, you gather evidence such as documents, including performance evaluation and communication logs, and consult with a wrongful termination lawyer to see if you have a case of wrongful termination.
What to Do if You are Wrongfully Terminated from Your Job in California
As mentioned, gathering evidence during or after a wrongful termination can substantiate your case and enable California wrongful termination lawyers to prove that the reason for your termination is a breach of federal or California laws.
These include documented conversations with your supervisor, HR, or other superiors that show adversity, discrimination, harassment, or coercive tactics. As the burden of proof rests on you to prove your case, you should quickly gather evidence before you lose access to correspondence and company documents.
Free Legal Advice
Initially, you may be feeling unsure whether you were indeed illegally fired from your work or if the evidence you have is enough.
To help you know more about the legalities of your claim, you can seek free legal consultation in your area by searching “wrongful termination lawyers near me.”
If you are based in Los Angeles, wrongful termination lawyers in Southern California, such as the Colby Law Firm, can help you with this first step without having to pay any consultation fee.
Filing a Lawsuit
Filing a wrongful termination lawsuit involves the following steps:
- Gathering of evidence
- Seeking help from a trusted lawyer specializing in wrongful termination in California
- Filing a formal complaint against your employer in a California court
- Proving your wrongful termination allegation
- Pursuing settlement for legal damages
Qui Tam Claims
Qui tam suits in California refer to filing a lawsuit as a private citizen on behalf of a government entity against a company or individual for unlawfully obtaining money from the state.
By virtue of qui tam claims, such an employee becomes eligible to get a share of any recovered money. If you were terminated for being a whistleblower, you can seek qui tam claims from the courts on top of the legal damages from wrongful termination based on your being a whistleblower.
Navigating the Legal Process
After establishing the grounds of your case through initial legal consultation, you can then move forward with formally filing a lawsuit. The steps below will walk you through the process, but you should understand that this is only a guide and not a substitute for legal representation through an experienced wrongful termination attorney.
There is a statute of limitations for wrongful termination. In some cases, you must first file an administrative complaint with a federal or state agency before you can sue your employer.
An expert lawyer for wrongful termination can provide legal advice and guidance as you go through the legal process, which includes:
- Document production and testimonies
- Mediation or an attempt to resolve the case
- Arbitration or both sides presenting their case to an arbitrator who makes a decision
- Going to trial if both mediation and arbitration fail to resolve the dispute
- Seeking damages
Damages and Remedies in Wrongful Termination Cases
A good unlawful termination lawyer would be relentless in recovering any compensatory damages you are legally entitled to receive, such as:
Lost Wages, Benefits, and Future Earnings
You can seek to recover lost and projected wages and benefits for being unlawfully terminated. These will be based on your past wages and benefits and on what you may have earned if you had not been wrongfully terminated.
Emotional Distress and Suffering
You are also entitled to receive compensation for experiencing any psychological harm due to being wrongfully fired from your job. These may be anxiety, PTSD, depression, and other mental health issues. Evidence for this includes diagnosis, letters, or prescriptions from your psychologist or psychiatrist.
Punitive Damages for Egregious Wrongdoing
The state punishes an employer’s egregious or appalling behavior in wrongful termination by making them pay their victim an amount based on the severity of the act and the harm done to the victim.
Reinstatement or Front pay
If the court rules that you were indeed wrongfully dismissed, you can be reinstated to your previous position or a position of the same level of compensation and function in your company. You will also be entitled to compensation, which will be based on the accumulated amount since you were terminated up to the time of the verdict.
Attorney’s Fees and Costs
You could also seek to be paid the cost of your attorney’s fees if it’s proven that your employer acted in bad faith in wrongfully terminating you.
Severance Packages and Unemployment Benefits
You can refuse to receive your severance package from your employer so you can file a lawsuit against them for wrongful termination. In some cases, the employer may offer and negotiate a severance package to avoid costly litigation.
California law, through the State of California Employment Development Department (EDD), also entitles you to receive unemployment benefits for losing your job if you are eligible for it. The criteria are: You have worked in California for the last 12 months, you have earned a minimum amount of wages as per EDD guidelines, you are unemployed due to termination through no fault of your own, you are physically able to work, available for work, and actively seeking work.
Why Choose Colby Law Firm for Defending Against Wrongful Termination in California
With Colby Law Firm in your corner, you gain access to the extensive experience and legal acumen of our termination lawyer team, who are experts in all wrongful termination laws in California. We have a proven track record of wins, and obtaining favorable outcomes for our clients. Our passion for fairness is evident in every aspect of our professional practice.
No Win, No Fee
There is also no need to worry about legal costs because our service is contingency fee-based. You don’t pay for our services if we don’t reach a positive outcome for your case.
Free Consultation
You can get free initial consultation and gain valuable insights from our legal advice specific to your case. Rest assured that this will be risk-free and confidential, and you are under no obligation to pursue a lawsuit.
Personal Approach
We handle every case like a trusted and knowledgeable confidante you can be comfortable with and depend on to win your legal battle for you.
Willingness to Listen
We are always willing to listen to and dissect every aspect of your complaint. This creates a smooth counsel-client relationship that thrives in openness, trust, and a shared pursuit of justice.
Experience and Expertise
With over 30 years of experience in protecting employees from wrongful termination, Colby Law Firm serves as your strong voice and formidable defense on the legal battlefield. Armed with specialized expertise and extensive experience in advancing employee rights, we work with passion and dedication to enforce your rights as a citizen working in California.
Contact Our California Wrongful Termination Lawyers Today
Let the Colby Law Firm team affirm your rights and legally steer your case toward justice. We do this with diligence, a powerful perspective, and a deep understanding of how the law works to uphold fairness in your specific case. We will relentlessly pursue proper compensation for you so we can turn your negative experience around and work towards giving your career the vindication and victory it deserves.
Contact us today so we can discuss your case and how to seek justice for you and get you compensated in every lawful way for your loss.
Preventing Wrongful Termination in the Workplace
Employers and employees should collaboratively foster a healthy work environment through clear communication and adherence to policies and procedures. This way, there is a safe space for raising concerns and addressing any deviance and forms of violence that negatively impact the company and individuals concerned.
Companies must also promote job security and a fair decision-making process, encouraging proper documentation and dialogues so that no one’s rights will be overlooked, stifled, or deliberately violated. The human resources manager plays an important role in ensuring this, promoting workplace fairness, and protecting everyone’s rights and well-being.
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Why Choose
Colby Law Firm
Aaron Colby is a California employment lawyer who knows how to resolve disputes. After 15 years representing companies, he started Colby Law Firm to represent employees. Aaron’s perspective and experience from being “on the other side” gives him an edge. Aaron brings his practical, focused, and relentless approach to helping employees protect their rights.
Aaron Colby
Lead Attorney and Founder Colby Law