Wrongful Termination California_

Wrongful Termination California

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Types Of Wrongful Termination Cases

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Most Common Wrongful Termination Cases In California

  • The employee was fired for being a whistleblower
  • The employee was fired in violation of a contract
  • The firing violated public policy
  • An employee was terminated for using time off under the California employee
  • leave laws
  • The employer fired an employee who used the rights given to them by the Fair
  • Employment and Housing Act
  • Fired for their political activities
  • Fired for Filing a workers’ compensation claim due to an injury or illness suffered
  • on the job
  • Violations of the Worker Adjustment and Retraining Notification Act (WARN)
  • when mass layoffs occur

Employees who are terminated due to their employer’s misconduct, incompetence, or negligence can be eligible for compensation from their employer for wrongful termination damages. The payment will also be determined by the sort of case that can be brought against them. The following are some of the most common types of compensation that workers who have been wrongfully terminated might seek:

  • Back pay for missed wages
  • Lost benefits
  • Fees for your wrongful termination lawyer
  • Emotional distress (the pain and suffering caused by the unexpected loss of your employment)
  • Punitive damages are meant to punish the employer for purposefully firing employees without cause

What Constitutes As Wrongful Termination In California?

In order for a California wrongful termination lawsuit to go forward, one or more of the following must be established:

  • The employee had whistleblower protection
  • There were exceptions to at-will employment
  • Political activities of the employee
  • Wrongful discharge based on the Fair Employment and Housing Act
  • Wrongful termination based on the WARN Act
  • Wrongful constructive termination

What Is A Whistleblower?

A whistleblower is someone who is fired by their employer as a result of reporting possible illegal or unethical activities to law enforcement or government agencies. Whistleblowers are protected by law. Labor Code 1102.5 LC, which prohibits terminating an employee who reports a violation to the authorities, government agencies, or someone in the company with the power to investigate the claim, is valid in California.

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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

Can You Be Fired In California For No Cause?

What most people are unaware of is that employees may be dismissed for no reason in California. In the state of California, nearly all employment connections are classified as at-will employment, which implies that a worker can be terminated without notice or cause by an employer anytime the employer decides it’s time to go.

However, there are exceptions that aid in the protection of at-will employees under California law.

The following are some examples of exceptions:

  • Fraud or misrepresentation
  • An employer breached an implied covenant of good faith and fair dealing
  • An implied contract that ensures employers do not fire an employee without cause
  • Wrongfully terminating an employee that violates public policy

Personal Political Activities Of The Employee

Employees in California who are fired for exercising their right to freedom of speech and political activity may be able to file a claim for unlawful termination. Employers in California are prohibited from restricting or directing the speech or political activities of their employees under labor law. Employees who are dismissed for participating in union-organized activities or joining a union may file claims under the state’s labor laws.

Being Fired Under The Fair Employment And Housing Act

Employees in California are protected by the Fair Employment and Housing Act from being dismissed from their employment because they did any of the following:

  • Filed a complaint alleging sexual harassment or any other form of harassment
  • Oppose harassment of others or themselves in the workplace
  • Filed a complaint alleging discrimination
  • Testified or assisted in a lawsuit or an investigation of discrimination or
  • harassment

The Warn Act

The California WARN Act regulates the process of giving notice to employees. Employers must comply with the California WARN Act, which requires them to notify their workers 60 days in advance of a layoff affecting 50 or more people. It also demands that employers alert any facility closures or relocations. Employers with 75 or more workers are required by law to comply. Employees may pursue a wrongful termination lawsuit for back wages and lost benefits for the number of days that fell short of the required 60-day notice if their employer fails to provide the necessary notice.

Can I Be Fired For Taking Workers’ Compensation Benefits?

In California, some employers terminate employees who file for or receive workers’ compensation benefits as a result of an accident or sickness at work. This is against the law in California. It is also illegal for employers to get rid of any employee who speaks up on behalf of another worker who is seeking compensation benefits. Employers are not permitted to retaliate against employees who are absent from work because they have become ill or injured on the job in California.

Wrongful Terminations Stemming From FMLA

Employees who need to take time away from their jobs in order to care for a loved one, look after themselves, or bring up a new baby are protected by the Family and Medical Leave Act (FMLA). An employer can’t fire or retaliate against an employee who takes FMLA-mandated leave. This legislation applies to for-profit employers with 50 or more workers for at least 20 weeks in a year.

When an employee has worked for their current employer for at least a year and at least 1,250 hours, they become eligible for FMLA. An eligible worker is entitled to up to 12 weeks of unpaid leave without fear of losing their job or being subjected to retaliation. The following are covered by FMLA:

  • Providing care for a foster or adopted child
  • Providing care for a newborn
  • Providing care for a family member who has a serious illness
  • Providing care for someone in the armed forces who has a serious injury or illness
  • Having an injury or illness yourself that prevents you from doing your job

How Do I File A Wrongful Termination Claim In California?

If you believe you were unjustly fired from your job, our wrongful termination attorney suggests that you contact an attorney right away. After you’ve spoken with an experienced attorney, it’s critical that you save any and all documentation related to your termination. The following are some examples of evidence that may be valuable in supporting your case:

  • Email communications
  • Company policies
  • Pictures
  • Copies of performance reviews
  • The termination letter
  • Any correspondence between you and your supervisor

You can ask for copies of these papers from the employer if you need them. The attorney will make sure you receive the documents if the request is denied. An attorney will be able to conduct a comprehensive inquiry into the claim and assist in building a case against your employer.

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

How Do You Prove Wrongful Termination In California?

In California, you will need actual evidence to back up a wrongful termination claim, rather than just hearsay. Eyewitness testimony is also useful in proving wrongful termination. If your coworkers witness how you have been treated by your employer, you should ask them to testify on your behalf.

A lawyer may request data from the firm to demonstrate a pattern of prejudice. For example, there may be fewer people of color in managerial roles than they should be, or minorities are more likely to be fired than any other group.

If you have been wrongfully terminated from your position, California law allows for written statements as well. For example, you may be able to tell your lawyer about the following:

  • About the termination of your employment
  • About your performance in your position
  • Conversations about your job that led you to believe you were being terminated

This is why you should jot down all talks as soon as possible. They’ll be recent in your memory, so you may refer to them when giving testimony against your employer if you bring a California wrongful termination lawsuit for wrongful termination settlements.

How Are Damages For Lost Benefits And Lost Wages Calculated?

In a wrongful termination lawsuit, the following are the damages for lost compensation and employment:

  • The value of the employee’s salary and benefits that the plaintiff would have received if he or she had not been terminated from the date of termination to the date a verdict is issued by the court and adjusted to take inflation into account.
  • Calculating the value of the salary and benefits that the employee would have
  • received for as long as their employment would have lasted if they hadn’t been wrongfully terminated
  • Taking the above values and adding them to any other damages related to the contract caused by the behavior of the employer

In a nutshell, the compensation for a wrongful termination lawsuit may include missed salary and benefits from previous employers, future missed income and benefits, as well as other damages incurred as a result of the breach of the contract.

What Is The Statute Of Limitation For Wrongful Termination in California?

If you believe that you have been fired incorrectly, you have a defined period of time as set forth by statute in California and the sort of termination complaint. The sorts of unlawful termination claims and their corresponding wrongful termination statute of limitations in California are listed below:

  • Public policy – 2 years
  • Breach of contract (implied oral contract) – 2 years
  • A whistleblower under Labor Code 1102.5 – 3 years
  • A whistleblower under Sarbanes-Oxley Act – 180 days and the complaint has to be filed with the United States Department of Labor
  • WARN Act – 3 years
  • Fair Employment and Housing Act – 3 years

The statute of limitations begins the day you were fired from your job or when the discrimination or harassment first began. It might take anything from a few months to a few years to resolve an issue.

How To Determine If You Were Wrongfully Terminated?

It doesn’t have to be difficult to discover whether you were unjustly dismissed. Check off each item on the list below to see if you have a valid claim of wrongful termination.

  • Was I fired because of my race, religion, political views, or ethnicity?
  • Was I forced to resign because I was sexually harassed or did the workplace become intolerable?
  • Did I lose my job because I needed to take family leave?
  • Did I lose my job because I suffered an illness or injury that required me to file for workers’ compensation benefits?
  • Was I fired because I demanded to be paid wages or benefits that were owed to me?
  • Was I fired because I reported my employer for unethical or illegal practices or actions?

Seek Assistance From An Experienced Wrongful Termination Attorney Today

Employers in California are obligated to adhere to both state and federal employment regulations. Wrongful termination claims may be filed if these laws, particularly those that safeguard workers, are broken. If you believe that you were unjustly fired from your employment, it is critical that you contact an experienced California wrongful termination lawyer as soon as possible.

Wrongful Termination California can research your claim, gather evidence, examine your employer’s hiring and firing policies, and fight for your right to full financial compensation. Call us now at (888) 301-9971 or fill out a contact form to book a free consultation.

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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