"Wrongful Termination” In California – 7 Top Reasons For A Claim

Oral discussions may also be pertinent evidence in a case alleging wrongful termination. California law allows for the consideration of oral conversations about your discharge, as well as any discussion that led you to form certain expectations regarding your job security. As a result, it’s critical to document and keep in a secure location all recollections of conversations with supervisors or other workers that may be relevant to your termination. All of these recorded meetings should have the date, location, and participants noted on them. Keep in mind that some employers have a “mixed-motivation” ground for termination: the employer has both a non-discriminatory and discriminatory reason to fire the employee. If the discriminatory cause was a substantial factor in the termination, it would be considered wrongful.

Constructive Termination

Employees in California can sue their employers for wrongful termination, even if they are not technically fired, under the state’s “wrongful constructive termination” / “constructive discharge” laws. An employee is constructively discharged when an employer creates working conditions that are so terrible that he or she has no choice but to leave. An employee may pursue a lawsuit for wrongful constructive termination if:

1. The employer intentionally created – or knowingly permitted – working environments that were so intolerable that a reasonable employer would expect a reasonable employee to resign because of them; and
2. The employer would not have been within the employer’s rights to terminate the employee outright (due to an implied oral contract or because termination would have been against public policy).

In California, it is illegal for employers to retaliate against workers in any manner other than by firing or constructively terminating them.

How Long Do I Have To File A Wrongful Discharge Suit In California?

In California, most claims must be filed within the “statute of limitations” period established by state statute. The statute of limitations for a wrongful termination claim is determined by the type of claim you’re making.

What Damages Can I Recover?

Under California’s wrongful termination statute, there are several sorts of compensation that plaintiffs may obtain. These are some of the most frequent types of damages awarded under California’s wrongful termination law:

1. Lost Wages And Benefits Plus Interest
The damages for wrongful termination back pay and the value of any employee benefits that you may have earned had you not been terminated wrongfully. This includes healthcare benefits, accrued vacation time, and other perks. The amount of unpaid wages will be reduced (“mitigated”) by the wages and benefits you truly earned or might have earned, from substantially comparable work.
2. Job Reinstatement
Plus, you’d have to be rehired at the same level of seniority that you held when you were terminated unlawfully. Most individuals would rather look for a new employment than have their job back after a contentious legal procedure, however, this is not true in all cases
3. Loss Of Future Wages/Front Pay
The court calculates this by starting on the day of the verdict and working forward to the anticipated end date of the task.
4. Emotional Distress/Pain And Suffering
The following can all be considered losses that you have suffered as a result of your employment being subjected to back-to-back discrimination: physical pain, mental anguish, loss of pleasure in life, grief, anxiety, loss of professional reputation, or disgrace.
5. Attorney’s Fees And Litigation Costs
In many cases, the claimant may be awarded attorney’s fees from the employer-defendant. This is only feasible for a few kinds of wrongful termination claims, such as those covered by the Fair Employment and Housing Act and Sarbanes-Oxley.
6. Punitive Damages
Punitive damages are meant to punish the employer for its actions, and they do not have to be connected to any economic or non-economic harm you suffered. Punitive damages are only paid in situations where an employer is found guilty of maltreatment, deceit, or mala fides. In discrimination cases, they are more frequent. As a result, punitive damages are frequently far greater than compensatory damages (which aim to restore the victim “to whole”).
7. Declaratory And Injunctive Relief
The damages you can sue for depend on the basis of your illegal discharge lawsuit. The typical settlement varies depending on the sort of case. The compensation for wrongful termination in violation of an implied contract, for example, is generally only lost income and benefits. Emotional distress damages can also be obtained due to unlawful discharge that is in violation of public policy.

Out-of-court settlements might be less than what a jury would decide if the case went to trial. However, plaintiffs typically choose settlements because they are more expedient and easier. (Any attorneys’ fees and court expenses must be paid out of the settlement amount.)

What Is The Average Wrongful Termination Settlement In California?

The standard pay in California for an employee being wrongfully dismissed is $40,000 to $45,000. But your compensation may be lower – or considerably higher – depending on the circumstances of your case. Employees who are wrongfully terminated can recover up to $300,000 in damages under federal law.

Call Wrongful Termination California For Help

Have you been dismissed or let go for a wrongful reason? To talk about your legal rights, get in touch with Wrongful Termination California. Our law firm is here to assist you with consultations and legal counsel.