Did you lose your job under circumstances that you believe are in violation of state or federal law? Being fired is devastating in many ways, but it’s possible that you are victim of wrongful termination. If so, you have the right to file a complaint or lawsuit against your employer.
Many of the people that contact us were fired after they filed a harassment complaint or reported other unlawful acts by their employer, like not paying overtime and failing to resolve dangerous conditions in the workplace. These are examples of wrongful termination, which gives you the right to demand compensation from your employer and hold them accountable for breaking the law.
Our team of Garden Grove wrongful termination lawyers is available 24/7 if you were illegally terminated from your job. We have decades of experience in employment rights cases, so you can depend on us to fight aggressively on your behalf and recover the settlement you deserve. For a free case evaluation with an Orange County employment attorney, please take a moment to contact us.
What is Wrongful Termination?
It’s important that you understand what wrongful termination means under California’s employment laws. Otherwise, it’s impossible to have a reliable standard of what counts as “wrongful” when it comes to firing someone.
First and foremost, we have to acknowledge that California is an at-will employment state. That means employers and employees can effectively end the working relationship for any reason, at any point, with or without notice. Because of this principle, many employees believe they have no legal recourse if they are let go from their job.
This is not necessarily true, as there are laws to prevent unlawful firings, like using someone’s disability, sexual orientation, or religion as a basis for termination. This action violates California’s anti-discrimination laws, which make it illegal to fire an employee that belongs to a protected category. Furthermore, employees cannot be fired or subjected to other adverse employment actions when they file a labor board complaint, talk to HR, or file a lawsuit for discrimination in the workplace.
An employer can also be found guilty of wrongful termination if they disregard their own policies on hiring and firing someone, like not following the terms of an employment contract.
Possible Grounds for a Wrongful Termination Lawsuit
At the end of the day, it’s fair to say that no two wrongful termination cases are alike, and there are many variables that will determine your right to seek compensation from your employer. However, there are some common grounds that can serve as the foundation for a lawsuit:
- Discrimination – employers cannot terminate a worker’s employment due to protected characteristics like race, ethnicity, age, gender, disability, or political beliefs.
- Retaliatory firing – retaliation for participation in protected activities cannot be used to fire an employee under California law. For example, employers are prohibited from firing someone that files a sexual harassment complaint against their supervisor.
- Violation of public policy – even in states that operate under the principle of at-will employment, an employer cannot violate public policy, like terminating someone who refuses to take part in financial fraud and other illegal activities.
- Whistleblowing – employee have the right to report SEC violations, healthcare fraud, violation of environmental laws and other illegal conduct by their employer. Along with federal laws, workers are protected from job loss by California’s Whistleblower Protection Act if they report discrimination, unpaid overtime, unsafe work conditions and other workplace violations.
- Breaching an employment contract – there are some industries and workplaces that have contracts with terms for how and when an employee can be fired. So, that means an employer cannot terminate someone’s employment without ensuring that it meets the terms of the contract that was signed by both parties.
- Constructive discharge – Even if an employee resigns from their job, there may have been intolerable conditions in the workplace that forced them to quit. To learn more about constructive discharge and how it counts as a form of wrongful termination, keep reading.
The Difference between Termination and Constructive Discharge
Constructive discharge (or constructive dismissal) can be a difficult concept to understand, as it’s a subset of termination under unlawful circumstances. On the other hand, it’s also a category on its own, since you are quitting your job rather than being dismissed by your employer.
However, there is one critical difference between constructive dismissal and a standard resignation. With constructive discharge, you are essentially forced to leave because of intolerable conditions in the workplace. In addition, you must prove:
- An unsafe /toxic workplace was created by your employer
- Your employer created these conditions for the purpose of driving you out of the workplace (intent)
- A reasonable person in a similar position, subjected to similar conditions, would have quit their job.
These elements clearly set constructive discharge apart from most cases of wrongful termination, which are based on a violation of federal and state anti-discrimination and retaliation laws. These include the California’s Labor Code Section 1102.05, California’s Fair Employment and Housing Act, and Title VII of the Civil Rights Act of 1964. Under these statutes, an employer cannot fire an employee due to discrimination of specific characteristics or doing something that’s protected by law.
For example, an employer cannot fire an employee who asks for reasonable disability accommodations based on the employer’s means and resources. Employers are also forbidden from suspending, demoting, or firing workers for talking about wage and hour violations or filing a complaint with the Labor Commissioner’s Office.
Activities That are Protected in the Workplace
According to California’s labor laws, it is illegal for employers to treat you in the following manner when you are participating in a legally protected activity:
- Keep you from reporting legal violations to a public agency or preventing you giving testimony in a legal proceeding.
- Establishing policies to prevent you from talking to another employee, law enforcement agency, or attorney about illegal activities in the workplace.
- Retaliating against you for disclosing information about your employer to a government agency (suspension, demotion, termination, etc.) .
- Firing you or taking other punitive actions due to your refusal to do something that is against the law.
We have a dedicated team of California employment lawyers, who can fight for your rights by demonstrating that:
- You participated in an activity that’s protected by California Labor Code Section 1102.5
- Due to your participation in this activity, your employer took adverse actions against you.
- You have evidence to show a direct connection between your termination and the activity you were involved in.
No matter what, please talk to an attorney right away if you suspect that you are a victim of wrongful termination. There are many steps to a lawsuit for violation of the state’s employment laws, including the process of investigating your claim, collecting evidence, and submitting a claim with the applicable government agencies. To maximize your chances of a successful recovery, please get in touch with us today.
How can I Tell if I was Fired Based on Discrimination?
This is an important question to ask yourself, as California follows the principle of at-will employment. As a result, employers can dismiss you at any point, with or without notice, and it can be very challenging to prove that the decision was due to discrimination.
Working with a job discrimination attorney is essential, as they have the knowledge and resources to conduct a thorough investigation. Gathering evidence, talking to witnesses, and filing complaints with regulatory agencies are just some of the tasks we can handle on your behalf.
For now, here is a list of circumstances that may indicate that you are a victim of discrimination resulting in termination of employment:
- Being treated differently – You may have found that you are treated differently compared to your co-workers because they do not belong in the same protected class. For example, you are a female who was written up for being late, while your male colleagues are given a verbal warning.
- Negative or offensive comments – Are you dealing with harassing or offensive comments about your sexual orientation, gender identity, age, race, etc.? If you spoke out against the behavior and/or filed a complaint, your employer may have fired you as a form of retaliation.
- Lack of or insufficient documentation – Either your employer has no documentation to support your termination, or the “evidence” is vague, unclear, or based on unfounded allegations.
- Timing – Did you receive a termination notice after going to the Human Resources or filing a complaint with the state labor board for employment violations, like sexual harassment? Based on the timing, there’s a good chance that your job loss is linked to discrimination and retaliation
I was Fired for Taking Leave Time – What are My Rights?
If you are eligible for leave time under the Family and Medical Leave Act (FMLA), your employer cannot fire you for requesting time off to take care of a sick family member or your own medical needs. Under this law, you are entitled to 12 weeks of unpaid, protected leave, meaning your employer is forbidden from taking adverse action against you, like cutting your hours / pay or terminating your employment. You may also qualify for medical leave under the terms of the California Family Rights Act (CFRA).
As the employee, you are not required to state that you are seeking unpaid leave under the CFRA or the FMLA. Your only obligation is to state the reason for why you are requesting leave, and your employer cannot deny you this time as long you meet the eligibility criteria.
Were you fired from your job after requesting or coming back from medical leave for yourself or a family member? Did your employer subject to other adverse treatment, like demoting you from your current position or refusing to accommodate reasonable disability accommodations? Our attorneys can help you file an employment law violation complaint, which we can discuss with you during a free consultation.
Compensatory Damages for Wrongfully Terminated Employees
The most obvious form of compensation for those who are wrongfully terminated is lost wages. The amount you can receive depends on numerous factors, like unpaid overtime hours and the number of days remaining on your employment contract.
However, you may be eligible for other damages if you succeed in a claim against your employer:
- Lost work benefits – aside from your wages, you lose out on benefits like healthcare, 401k contributions, and bonuses when you are fired from your job.
- Employment search expenses – looking for a new job can result in monetary expenses, like hiring a recruiter and getting additional certification / training.
- Emotional Distress – being illegally terminated and the treatment leading up to the termination may have caused you to suffer mental health issues, like anxiety, depression, sleep disorders, and panic attacks.
- Punitive Damages – if there is a trial that ends favorably for you, the jury will need to decide if the actions of your employer constitute gross negligence and/or misconduct. If so, they may award punitive damages, which is additional money you would receive on top of your settlement. Such payments are meant to set an example to other employers, while punishing the defendant for egregious violations of the law.
- Job reinstatement– being reinstated to your former position is an option we can explore with you, but it’s worth noting that many of our clients do not go down this road, as the relationship between them and the employer is beyond saving.
Contact Our Legal Team
It’s a sad reality that many workers in California face discrimination and other unlawful treatment in the workplace. Employees who are fired or face other punitive actions have a tough road ahead of them, and this is why legal representation is so important right from the start.
A free consultation with our legal experts can help you understand you rights and legal options. If hiring us for a wrongful termination lawsuit is right for you, rest assured that you are protected by the Zero Fee Guarantee. This policy allows you to hire us for $0, as we demand the cost of legal fees from your employer. Your settlement check includes our expenses, meaning we don’t make a penny without winning your case.
For more information on wrongful termination lawsuits from a Garden Grove employment rights lawyer, reach out to us at your earliest opportunity.
