A man sitting on top of a stack of coins.

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.

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 must be comprehensive and compelling for the case to be given merit by the courts.

There are many complexities in proving wrongful termination in California. For one, employment in California is considered “at-will” or based on an employer or employee’s willingness to continue the working relationship. This means that a person’s employment can end at any time, by the decision of the employer or the employee.

However, an employer cannot fire a person for any reason. It is unlawful to terminate employment for reasons including an employee’s disability, race, sex, or other law-protected characteristics or conditions.

Additionally, if the employee has an employment contract, it can override at-will employment if it includes a provision that the employee can only be terminated for just cause. Other details outlined in the contract can help a wrongful termination lawyer identify where and how the employer may have breached the agreement. These include:

  • Employment term
  • Output expectations
  • Job description
  • Work scope
  • Compensation
  • Dispute resolution mechanisms
A black background with a plane flying in the sky.

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 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.

 

Group 477 1

How to Determine If You Were Wrongfully Terminated

To determine if your termination was lawful or not, you can consider any changes to 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, or
  • Abrupt dismissal without any notice.

In such a situation, it is a good idea to gather evidence, such as performance evaluations and communication logs, and consult with a wrongful termination lawyer to see if you have a case.

Two figurines of a construction worker and a construction worker.

What to Do if You are Wrongfully Terminated from Your Job in California

Gathering evidence during or after a wrongful termination can substantiate your case and enable a California wrongful termination lawyer to prove that the reason for your termination was considered unlawful under federal or California laws.

Evidence to prove your case can 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, it is a good idea to gather evidence before you lose access to correspondence and company documents.

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. This may include 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.

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 our unlawful termination team’s extensive experience and legal acumen. We have a proven track record of winning cases and obtaining favorable outcomes for our clients. Our passion for fairness is evident in every aspect of our professional practice.

A toy man standing on a compass.

No Win, No Fee

There is 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 team specific to your case. Rest assured that this will be risk-free and confidential, and you are under no obligation to pursue a lawsuit.

Group 1

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.

Testimonials

What Our Clients Say About Our Wrongful Termination Case Defense

 Certifications

Our Certification and Awards

Screenshot 2023 06 26 at 6.57 1clientlogo1
image 12clientlogo2
image 13clientlogo3
image 14clientlogo4
Mask groupclientlogo5
logo 1clientlogo6
image 17clientlogo7

Certifications

Our Certifications Claim Our Extensive Expertise in San Francisco & Los Angeles Wrongful Termination Law

Screenshot 2023 06 26 at 6.57 1clientlogo1
image 12clientlogo2
image 13clientlogo3
image 14clientlogo4
Mask groupclientlogo5
logo 1clientlogo6

Why Choose

Colby Law Firm

colby 1

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.

Learn More >

Aaron Colby
Lead Attorney and Founder Colby Law