Our firm represents employees who have been terminated from their employment for reasons other than their job performance and for reasons that are improper under California law.
Although California is considered an "At Will" employment state ("At Will" means that you can be terminated for any reason and/or leave your position and current employment at any time for any reason), employers are prohibited from terminating your employment for reasons that conflict with California law.
In other words, you cannot terminate someone's employment for reasons that California law has recognized as being improper. In many instances, employers will use the "At Will" termination as a shield to protect them from being pursued legally for improper termination of employment.
An experienced employment lawyer will be able to determine whether the cause of termination was just, or whether the termination was motivated by other illegal and improper factors, including but not limited to:
- Your age/race/gender/sexual orientation/disability, or other examples of improper discrimination;
- Your military service, including drill, deployment, and orders for special assignments;
- Injuries related to a workers' compensation claim;
- Reporting claims of sexual harassment;
- Reporting claims related to your employment such as meal and rest breaks, overtime, disability accommodation, medical leave, leave for court and/or jury duty, and others;
- Reporting claims of improper or unlawful business practices, such as fraud, illegal actions, failure to follow safety rules and protocol, and others;
- Asserting rights under the "FMLA" (Family Medical Leave Act), "CFRA" (California Family Rights Act), and/or discrimination related to pregnancy or paternity leave.
In cases where your employer terminates you due to any of the above reasons (or any reasons) that are unlawful, you will need an experienced employment attorney to investigate your case, including obtaining your employment file, preparing and filing a demand letter, or pursuing a law suit.
A review of relevant documentation such as your employment file, employee handbook (if one exists), correspondence between you and your employer, "PIP" (performance improvement) plans, and performance evaluations will help determine whether a case exists.
In addition, identifying co-workers, supervisors, or other individuals who could serve as witnesses will also be beneficial.
If you feel that you were terminated for reasons other than your performance, you have the right to investigate these claims. You may have been a target for improper employment practices and if you were, you have protections under California law.
It is imperative you speak with an employment lawyer IMMEDIATELY to preserve any relevant statutes and to pursue your claim vigorously and expeditiously.
Types of Damages in a Wrongful Termination Case
When an employer fires an employee for illegal reasons, the employee can seek several types of damages through a wrongful termination lawsuit. These damages aim to compensate for the losses caused by the unlawful termination.
- Lost Wages and Benefits
If you were wrongfully terminated, you can pursue compensation for lost wages and benefits. This includes your salary, bonuses, commissions, health insurance, and retirement contributions. You may also be eligible for unemployment benefits or unemployment compensation depending on your situation. - Emotional Distress
Wrongful termination often leads to emotional and psychological harm. If you suffered distress from being wrongfully fired—whether through discrimination, retaliation, or a hostile work environment—you can seek compensation for anxiety, depression, or other mental health impacts. - Punitive Damages
In cases where the employer's actions were particularly unlawful, courts may award punitive damages. These damages punish the employer for egregious violations, such as retaliating against an employee for whistleblower actions or firing someone for refusing to engage in illegal activity. - Lost Future Earnings
If being wrongfully terminated impacts your future employment prospects, you may be entitled to damages for lost future earnings. This could apply if false claims or wrongful accusations by your employer make it harder for you to find a new job. - Reinstatement or Front Pay
In some cases, wrongfully terminated employees may be reinstated to their previous positions. If reinstatement isn’t possible due to a toxic work environment or other reasons, you may receive front pay, which compensates for the future income you would have earned if you had not been fired. - Legal Fees and Court Costs
Employees who win wrongful termination cases can often recover the costs of legal representation. This includes attorney’s fees and court expenses, making it easier to pursue legal action without worrying about financial strain. - Damages for Breach of Contract
If your wrongful termination violated an employment contract or implied contract, you can seek damages for breach of contract. This may include compensation for wages, benefits, and other terms outlined in the agreement. Employees wrongfully fired despite an implied contract may also receive additional compensation.
In wrongful termination cases, gathering evidence such as performance reviews, personnel files, pay stubs, and communications with your employer is key. Working with an experienced employment attorney will help you determine the best path to pursue these damages.
What Happens During a Wrongful Termination Lawsuit
A wrongful termination lawsuit typically follows a structured legal process. Each step helps determine whether your employer violated the law and what compensation you may be entitled to. Here’s an overview of what you can expect:
- Filing the Complaint
The process begins when your attorney files a complaint on your behalf. This document outlines your claims, including the reasons you believe the termination was unlawful, such as discrimination, retaliation, or breach of contract. Once filed, the employer receives notice of the lawsuit. - Response from the Employer
After receiving the complaint, the employer must respond within a specific time frame. The employer may deny the allegations, provide a defense, or try to dismiss the case. If the case isn’t dismissed, the lawsuit moves forward. - Discovery
During discovery, both sides gather evidence to support their claims. This phase involves exchanging documents like employment contracts, personnel files, performance reviews, and any communications related to your termination. Both parties may also conduct depositions, where witnesses provide sworn testimony under oath. - Pre-Trial Negotiations and Mediation
Before the case goes to trial, both parties may engage in settlement discussions. Many wrongful termination cases settle during this phase, avoiding the need for a trial. In some instances, the court may require mediation, where a neutral third party helps facilitate negotiations. If a settlement is reached, the case ends here. - Trial
If the case doesn’t settle, it proceeds to trial. Both sides present their evidence, call witnesses, and make arguments before a judge or jury. The judge or jury then decides whether the termination was unlawful and what damages, if any, the employee should receive. - Post-Trial
After the trial, either party may appeal the decision if they believe errors were made during the trial. If there’s no appeal, the employer must comply with the court’s ruling, which may include paying damages or reinstating the employee.
Throughout the lawsuit, your attorney will guide you through each step, ensuring that your rights are protected and you have the best chance of achieving a favorable outcome.
If you believe your termination was unlawful, reach out to an attorney to help you seek damages for your losses.
Please call our lawyers at Galine, Frye, Fitting & Frangos for a free consultation and an evaluation of the facts of your case.
FAQ: Wrongful Termination in California
What is wrongful termination?
Wrongful termination occurs when an employer fires an employee for an illegal reason. This can include discrimination based on age, race, gender, sexual orientation, or a medical condition. It can also involve retaliation for reporting illegal activity, such as violations of the Medical Leave Act, or filing a workers’ compensation claim. Federal laws and California labor laws protect employees from being wrongfully fired.
What are common reasons for wrongful termination?
Employers may fire employees for illegal reasons such as discrimination, retaliation for whistleblowing, or refusing to participate in illegal acts. Other wrongful termination cases may involve firing employees due to pregnancy, medical leave, or military service obligations, which violates state and federal laws.
How do I know if I have a wrongful termination claim?
If you were fired for reasons unrelated to your job duties or performance, such as discrimination or retaliation, you may have a wrongful termination claim. An employment attorney can review the circumstances of your termination, including your personnel file and performance reviews, to determine whether you were wrongfully terminated.
Can I sue my employer if they fired me without giving a reason?
Even though California is an "At Will" employment state, where employers can fire employees for any or no reason, the termination must still comply with federal laws and state labor laws. If the employer fired you for an illegal reason, such as discrimination or retaliation, you can sue for wrongful termination.
What kind of damages can I recover in a wrongful termination lawsuit?
If you were wrongfully fired, you may be entitled to recover lost wages, unemployment benefits, and emotional distress damages. In some cases, you may also receive punitive damages if the employer’s actions were particularly unlawful. An employment attorney can help determine the compensation available in your case.
How can I prove wrongful termination?
To prove wrongful termination, you need to collect evidence that shows your employer fired you for an illegal reason. This can include performance reviews, emails, pay stubs, and witness testimony from co-workers or supervisors. Gathering as much documentation as possible strengthens your case.
Can I file a wrongful termination lawsuit if I had an implied contract?
Even if you don’t have a formal employment contract, you may have an implied contract based on the employer’s behavior or company policies. If the employer violated an implied contract by wrongfully terminating you, you could still have grounds for a lawsuit.
What should I do if I was wrongfully terminated?
If you believe you were wrongfully fired, start by collecting evidence, including your employment records, emails, and witness statements. Then, consult with a wrongful termination lawyer who can evaluate your case and help you seek damages for the illegal termination.
Can I be fired for reporting illegal activity at work?
No, firing employees for reporting illegal activity, also known as whistleblowing, is against the law. Employees are protected under whistleblower protections, and retaliation for reporting illegal practices, such as fraud or safety violations, can result in a wrongful termination claim.
How long do I have to file a wrongful termination lawsuit?
The time limit for filing a wrongful termination lawsuit depends on the specific circumstances and laws involved. Some claims may have a statute of limitations as short as one year. It's important to act quickly and consult an employment attorney to determine the deadline for your case.