Wrongful Termination California_

Wrongful Termination California

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How To File A Wrongful Termination Lawsuit In California?

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Reasons Why An Employee May Sue An Employer For Wrongful Termination

Employees are protected by both state and federal laws in the workplace. If an employer violates any of these laws, it may result in a wrongful termination lawsuit. Situations that may result in a lawsuit against an employer include:

Employment Discrimination 

Under California employment discrimination laws, it is unlawful for an employer to terminate an employee due to discrimination. Should an employer terminate an employee based on a protected characteristic, the employee has the right to file a lawsuit for wrongful termination based on discrimination. While federally protected characteristics listed by the Equal Employment Opportunity Commission include race, color, sex, religion, age, national origin, genetic information, and disability, California anti-discrimination laws offer additional protected classes. Marital status, medical condition, and military or veteran status are among the protected classes on California’s list. If an employer terminates an employee for reasons related to any of these protected classes, the employee has the right to take legal action against wrongful termination based on discrimination.

Employment Contracts

The presence of an employment contract may affect the chances of succeeding in a wrongful termination case. If you have an employment contract, it may mean that you are not an at-will employee. If the contract specifies the duration of your employment and does not state that you are an at-will employee, you may have grounds to sue your employer if you are terminated before the contract’s completion.

However, an employer can terminate an employee for cause if they breach the terms and conditions of the employment contract. Therefore, it is crucial to carefully analyze the circumstances leading to the termination and the terms of the contract to determine whether a wrongful termination claim can be made.

It is important to note that employee handbooks are different from employment contracts. An employment contract outlines the specific terms of your employment and only applies to you. In contrast, an employee handbook applies to all employees and generally states that employees are at-will unless they have a contract.

Violating Public Policy

It is illegal for employers to terminate employees for reasons that go against public policy. For instance, an employee cannot be fired for taking time off work to vote or serve in the National Guard. Employers are also prohibited from terminating employees who miss work due to jury duty.

Furthermore, employers are not allowed to fire employees for reporting sexual harassment or filing a workers’ compensation claim. Dismissing an employee for whistleblowing, or reporting illegal or wrongful actions in the workplace, also goes against public policy.

Constructive Discharge

If an employee leaves their job due to ongoing or severe mistreatment at work, they may have a constructive discharge case. Constructive discharge happens when an employee quits their job due to continuous mistreatment, such as harassment, discrimination, or intolerable working conditions, or adverse changes to their pay or job duties for non-work-related reasons, refusal to make reasonable accommodations for a disability, retaliation for whistleblowing, exercising rights under FEHA, or filing a workers’ compensation claim.

Under California law, constructive discharge is defined as an employer knowingly allowing or intentionally creating unbearable or aggravated working conditions that would make it impossible for a reasonable employee to continue working, leading them to have no choice but to quit. Unpleasant work conditions or quitting because you do not like your job or co-workers do not constitute sufficient grounds for a wrongful termination claim.

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Act now for a free consultation from our top-rated legal  team to discuss any rights or compensation that you may be entitled.

We will fight to get the maximum compensation owed to you for being fired for unlawful reasons.

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Can You Sue For Wrongful Termination In California?

In California, it is possible to file a lawsuit for wrongful termination if an employer violates state or federal laws that safeguard employees from unjustified dismissal. As an at-will employment state, California employers hold the right to terminate an employee for any reason at any time, unless there is a public policy exception or an employment contract.

Protected Characteristics And Public Policy Exceptions

In California, wrongful termination can occur if an employer dismisses an employee on the grounds of discrimination. According to California’s employment discrimination laws, it is prohibited to terminate an employee based on a protected characteristic, including color, race, sex (including sexual orientation, pregnancy, and gender identity), religion, age (40 years and older), national origin, genetic information, disability, marital status, medical condition, and military or veteran status. An employee who has been fired based on a protected class can bring a lawsuit against their employer for wrongful termination.

Termination In Violation Of Public Policy

It is unlawful to terminate an employee for reasons that breach public policy. This includes firing an employee for taking time off to vote or fulfill duties in the National Guard, missing work due to jury duty, filing a workers’ compensation claim or reporting sexual harassment, and reporting wrongful or illegal activity in the workplace (whistleblowing).

Constructive Discharge Claims

Constructive discharge is another form of wrongful termination claim in California. It refers to a situation where an employee resigns because of persistent or severe mistreatment at work, including harassment, discrimination, unbearable working conditions, mistreatment, changes in pay or job duties that are unrelated to work, failure to provide reasonable accommodations for disabilities, or retaliation for engaging in whistleblower activities, exercising rights under the FEHA, or filing a workers’ compensation claim.

Exceptions To At-Will Employment

In California, having an employment contract can change your employment status from at-will to non-at-will. If the contract specifies a set employment duration and does not mention at-will employment, then you may be able to take legal action against your employer if you are fired before the end of the contract. However, if you breach the terms and conditions outlined in the contract, your employer can terminate you for cause.

Whistleblower Retaliation

You are protected from being fired if you report your employer’s violations of wage and hour laws or other illegal practices in the workplace. These protections are offered by both California state law and federal law. If you file a claim under California state law, you have three years from the date of the violation to pursue your case. If you report securities fraud and your employer retaliates by firing you, you have protections under the Sarbanes-Oxley Act. You must file an administrative complaint with the Department of Labor within 180 days. If the DOL does not take action, you can file a lawsuit against your employer within four years of being terminated.

The Time to Act is Now 


Act now for a free consultation from our top-rated legal  team to discuss any rights or compensation that you may be entitled.

We will fight to get the maximum compensation owed to you for being fired for unlawful reasons.

Complete The Form Or Call – (888) 301-9971

Tips For Proving Wrongful Termination

  • Document Every Conversation And Event

It is crucial to maintain proper documentation if you are facing wrongful termination. Keeping a record of every conversation you have with your supervisor or colleagues about your termination and any relevant work events is important. Doing so will assist your wrongful termination lawyer in constructing a compelling case on your behalf.

Furthermore, it is essential to keep track of the events leading up to your termination. Were you being harassed or bullied at work by your employer? Did your supervisor give you any indication that they were going to let you go? All of this information is significant and can help bolster your case.

It is important to note that some employers may prohibit the recording of conversations. Therefore, it may not be possible to document everything word for word. Nevertheless, taking detailed notes about the discussion afterward can help you recall as much information as possible for your lawyer.

  • Gather Supporting Evidence

Apart from documenting conversations and events related to your termination, gathering supporting evidence such as performance reviews, emails, or text messages is also crucial. If you have direct witnesses who can testify in support of your case, make sure to obtain their contact information.

In addition, it is important to have a good understanding of the employment laws in your state regarding wrongful termination. Each state has its own laws, so it’s necessary to familiarize yourself with them before proceeding with your case.

Hire An Experienced Wrongful Termination Lawyer

To increase the likelihood of success in your wrongful termination case, it is crucial to enlist the services of an experienced attorney specializing in wrongful termination cases. These legal professionals have comprehensive knowledge of the pertinent state and federal laws and can provide support in developing a strong case.

When selecting a lawyer, it is advisable to inquire about their prior experience with wrongful termination cases and their familiarity with the relevant federal and state legislation. Additionally, you should find out about their fee structure and whether they are willing to work on a contingency basis.

Some lawyers may provide a complimentary consultation, which offers an opportunity to ask any questions and gain a better understanding of the legal process.

Get Legal Help Today!

At Wrongful Termination California, we understand the emotional toll that wrongful termination can have on you. Our legal team is committed to securing the justice and compensation you are entitled to.

Our experienced attorneys have a proven track record of success in representing clients in wrongful termination cases throughout California. We have a deep understanding of the state and federal laws that govern wrongful termination, and we will protect your employee rights with vigor.

We take a personalized approach to each case and work closely with our clients to develop a legal strategy tailored to their unique situation. We believe in transparency and will keep you informed throughout the legal process.

If you have been wrongfully terminated, do not hesitate to contact us for a free consultation. Our compassionate attorneys will listen to your concerns and guide you through every step of the process. At Wrongful Termination California, we are dedicated to fighting for your rights.

The Time to Act is Now 


Act now for a free consultation from our top-rated legal  team to discuss any rights or compensation that you may be entitled.

We will fight to get the maximum compensation owed to you for being fired for unlawful reasons.

Complete The Form Or Call – (888) 301-9971

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