As an employee in California, you are worth much more than just a paycheck. However, many employers are firing their employees without adhering to the laws set in place to protect employees from unlawful and wrongful job termination.
At Bisnar Chase, we have one of California’s most experienced legal teams. We will evaluate your circumstances and investigate every possible avenue for compensation for a work-related injury.
Our law firm has offices and meeting locations throughout California in Los Angeles, Orange County, Riverside, San Bernardino, and San Diego, with an additional meeting location in San Francisco.
If your employer has mistreated you, we will help uncover the facts about your case and help you pursue legal action. California employees work harder than ever to keep their jobs and help make a living for their families.
If you believe that your employer may have violated your legal rights in any way, contact one of our expert California employment lawyers now to take advantage of our free professional case evaluation. Call (800) 561-4887 for your free case review.
California Wrongful Termination Lawyers
What Qualifies as a Wrongful Termination in California?
Wrongful termination in California occurs when an employer fires a worker for illegal reasons such as discrimination, whistleblower activities, contract violations, public policy violations, or retaliation. An employee must show that the unlawful termination violated labor laws or an employment contract to pursue a claim.
Despite being an “at will” employment state, California has laws preventing job termination due to discrimination. At will employees who believe they have been wrongfully terminated have legal options and may take action against their former employer.
Consult with a wrongful termination lawyer to evaluate if you qualify to pursue action for financial compensation.
What is the Average Settlement in a Wrongful Termination Lawsuit in California?
Based on jury awards and settlement records through California courts, the average wrongful termination settlement is around $40k-$90k, but there are also seven- and eight-figure verdicts for people who’ve been wrongfully fired from their jobs in California.
To properly evaluate the value of your employment claim, you will need to speak with a California wrongful termination lawyer. The attorney can review all of the evidence to determine financial compensation.
Are there punitive damages in a wrongful termination lawsuit?
Yes, punitive damages are available in wrongful termination lawsuits in California, particularly in cases involving discrimination or harassment. They are designed to punish the employer for severe wrongdoing and can be much higher than compensatory damages.
What Are the Steps to Take if You Believe You Have Been Wrongfully Terminated in California?
Collect all the evidence you have in the case, including emails, letters, text messages, voice mails, and any other documents proving you were wrongfully fired. A wrongful termination lawyer can help you navigate the complex areas of federal employment laws and California state laws to ensure you have a provable claim.
Depending on the type of employment you had (government, public company, private sector, etc.), the attorney will develop a plan of action to prove your case. If you have other employees who witnessed your wrongful termination, be sure to get written statements and provide them to your attorney.
What is the Difference Between Wrongful Termination and Constructive Dismissal in California?
Wrongful termination: An employer may be subject to legal action and a range of remedies, such as back pay, reinstatement, and compensatory damages for emotional distress, if they fire an employee for unlawful grounds, such as discrimination, retaliation, or a breach of public policy.
Constructive dismissal: In California, an employee must prove that the employer intentionally created or knowingly permitted intolerable conditions, and that a reasonable employee would have felt compelled to resign under those circumstances.
This type of dismissal is also known as constructive discharge and happens when an employer makes the working conditions so intolerable that the employee feels forced to resign. In this scenario, the resignation is treated as a firing.
Examples of constructive dismissal are:
- A severe reduction in hours
- An increase in workload without support
- Unresolved harassment from coworkers
- Unwarranted reprimands
- Repeated yelling at the employee
- Continuous derogatory or intimidating remarks
- Reduction in job responsibilities or unjustifiable demoting of the employee
What is the Statute of Limitations for Wrongful Termination in California?
The time limit for filing a wrongful termination lawsuit in California varies based on the particular circumstances:
- 2 years from the date of termination for implied breach of contract or public policy violations
- 3 years from the date of termination for violations of the Worker Adjustment and Retraining Notification (WARN) Act, the California Fair Employment and Housing Act (FEHA), or whistleblower retaliation.
- In certain circumstances, the deadline may be extended, such as when an employee files an administrative complaint with the relevant agency
California Wrongful Termination Laws
While California is an “at will” employment state, employers can generally terminate employees for any reason or no reason. There are still grounds for unlawful termination lawsuits if the termination violates specific laws or public policy.
Protections from wrongful termination
- Discrimination: Firing based on protected characteristics like race, gender, religion, age, disability, sexual orientation, etc., is illegal.
- Retaliation: Employers cannot fire you for exercising your legal rights, like filing a complaint, taking leave, or reporting unlawful activity.
- Violation of Public Policy: Firing you for refusing to commit a crime, performing a legal duty, or whistleblowing on potential violations can be wrongful.
- Breach of Contract: If your employer has an implied or written contract guaranteeing specific termination conditions, violating those can be grounds for a lawsuit.
- Constructive Discharge: If your employer creates unbearable working conditions, forcing you to resign, it may be considered wrongful termination.
Other important protections
- The California Fair Employment and Housing Act (FEHA): Prohibits discrimination based on protected characteristics.
- California Labor Code: Includes various protections for employee rights, including minimum wage, overtime pay, and leave entitlements.
- Family and Medical Leave Act (FMLA): Protects employees’ right to take unpaid family leave for certain medical or family reasons.
- The California Whistleblower Protection Act: Protects employees from retaliation for reporting illegal or unethical activity.
The role of the EEOC
The Equal Employment Opportunity Commission (EEOC) is an independent federal agency established to enforce laws that make discrimination illegal in the workplace.
It oversees all types of work situations, including hiring, firing, promotions, harassment, training, wages, and benefits. The EEOC investigates complaints of discrimination, and if discrimination is discovered, it seeks to settle with the employer.
If a settlement is not possible, the EEOC may file a civil discrimination lawsuit on behalf of the employees. The agency also has the authority to expand protections for groups not previously covered by the law.
The EEOC partners with Tribal Employment Rights Offices (TEROs) to protect the employment rights of Native Americans.
Individuals can file a complaint with the EEOC if they believe they have been discriminated against based on race, color, religion, sex, national origin, age, disability, or genetic information.
The EEOC enforces laws that apply to most employers with at least 15 employees. The EEOC provides multiple ways to file a complaint, including by mail, in person at a regional EEOC office, or by phone.
The agency’s main address is 131 M Street, NE, Washington, DC 20507. The EEOC’s phone numbers are 1-202-663-4900 (main) and 1-800-669-4000 (toll-free). The EEOC’s official website is www.eeoc.gov.
Does the Civil Rights Act protect me from wrongful termination?
The Civil Rights Act of 1964 can offer some protection from wrongful termination, but it’s important to understand its limitations and how it interacts with other laws.
Protections
Title VII: Prohibits discrimination based on race, color, religion, sex (including pregnancy discrimination, sexual orientation, and gender identity), and national origin.
Retaliation: Title VII also protects you from being fired for exercising your legal rights under the Act, such as filing a complaint or participating in an investigation.
Limitations
“At will” employment: While the Civil Rights Act protects against discriminatory terminations, some states, like California, are “at will” employment states. This means employers can fire employees for any reason or no reason, as long as the reason isn’t discriminatory.
Burden of proof: In a wrongful termination lawsuit under the Civil Rights Act, you would be burdened to prove that your employer’s decision was based on discrimination.
Other laws
State and local laws: Many states and localities have their own laws that offer additional protections from wrongful termination, often covering a broader range of protected characteristics than the Civil Rights Act.
If you are unsure if your case qualifies for compensation or how the laws apply to your specific case, contact our wrongful termination attorneys for a free, confidential consultation. Our law firm offers a no-win, no-fee promise and a contingency fee basis. Call 800-561-4887.
Wrongful Termination Reasons in California
Today’s working environment is more stressful than ever; jobs are few and far between, and many people with very advanced skills are working in entry-level positions just to try and get by.
Some employers feel that since there are many people who are willing to give 110% at meager wages, these same employers have the option to treat their employees with little to no respect. This, in turn, is very stressful for the average Californian employee when times are tough.
Our California wrongful termination attorneys will assist in identifying every instance in which your employer violated state law. The following are forms of employment law that our trial attorneys may be able to help you with:
- Wrongful Termination: Your employer must have a good reason for letting you go and due process.
- Whistleblower: If your employer fired you because you alerted them of problems within the company, you have rights.
- Retaliation: Government Code Section 12940(h) states, “An employer cannot discharge, expel, or otherwise discriminate against any person because the person has opposed any practices forbidden under this part or because the person has filed a complaint, testified, or assisted in any proceeding.”
- Overtime: We may be able to help you obtain reimbursement for your underpaid hours.
- Wage and Hour: If you are concerned that you were not paid the correct wages for your work, we will investigate and help uncover any illegal business practices.
- Misclassification: Do you supervise other employees but do not receive a supervisor’s wage? Your employer may owe you a lot of money.
Additionally, you are not subject to termination for the following reasons under federal and California law:
- Race
- Religion or religious practices
- Gender
- Age
- Sexual orientation
- A disability (physical or mental)
- Use of family medical leave
- Pregnancy/maternity
- Gender identity
- Place of birth
- Political views (that do not infringe upon the rights of fellow co-workers)
- Hostile work environment
- Retaliation (whistleblowing, wage and hour disputes, concern for the health of the workplace, etc.)
Can an employer fire you for attending jury duty in California?
No. In California, firing an employee for serving on jury duty is illegal and a violation of your legal rights. Here’s why:
Jury duty is a civic duty. All eligible citizens are responsible for participating in the justice system, and employers are obligated to support this by accommodating employees called for jury duty.
Firing you for attending jury duty would also be a form of retaliation. If you have questions about why you were fired, contact a California unlawful termination lawyer.
Types of Discrimination at Work
Discrimination in the workplace is still a major problem in this country. Although the problem exists and is very apparent, there is hope through the rights of employees that the government recognizes through the Equal Pay Act and the Equal Employment Opportunity Commission.
California is recognized as an “at will” employment state. This means that if your place of employment is not tied to a labor union or any other third party that accommodates employees, your employer can terminate your employment at any time with justifiable cause.
The key concept to take away from this is that there is a legal due process when it comes to employment termination, and your employer simply cannot dismiss you based on aspects of yourself they cannot control, such as race, religion, gender, and sexuality.
Discrimination does not stop at termination. Discrimination can also exist in the workplace in the form of:
- Harassment in and outside the workplace
- Failure to pay employees the same rate for the same work in similar job titles
- Discipline with no legitimate justification
- Termination without due process (legal process)
- Refusing to train employees
- Failure to promote employees with seniority
- Refusal to hire based on your personal beliefs or your race
All of these factors can be classified as discrimination against you, the employee. At Bisnar Chase, our team sees this discrimination happen time and time again in the workplace and employees are afraid to speak out because they fear retaliation or further harassment.
If you or someone you know is going through these illegal conditions in the workplace, we urge you to call our California wrongful termination lawyers now. We can discuss the facts and your working conditions during your free consultation.
Hostile Workplace
A hostile workplace can make even the most diligent employees not live up to their full potential. Additionally, your employer may not have the time or resources to observe this harassment take place, and you might be blamed for the lack of a better explanation.
For example, say harassment takes place in the workplace and your co-workers scapegoat you to avoid punishment. Your employer then proceeds to rectify the situation by firing you to bring peace to the workplace.
You attempt to defend yourself, but your employer refuses to listen and dismisses you at once. If this has happened to you, your employer failed to incorporate due process and thus infringed upon your rights.
If your employer attempts to fire you to combat the hostility of the workplace without due process or just cause, call our wrongful termination attorneys immediately. This is illegal, and we may be able to help you recover.
What is Protected Class and How Does it Apply to a Wrongful Termination?
There are many different scenarios where a protected class can be discriminated against.
Direct: Ms. Rodriguez was fired shortly after disclosing her pregnancy, raising concerns that her termination may have violated her rights as a member of a protected class.
Indirect: The employee alleged that he was unfairly targeted for layoff due to age discrimination, potentially constituting wrongful termination for belonging to a protected class.
Comparative: While the company cited performance issues as justification for termination, several employees in the same role who belonged to different protected classes were not similarly disciplined.
Consequence: If it’s determined that the employee’s termination was based on their religious beliefs, the employer could face significant legal consequences for discriminating against a protected class.
Remember, these are just examples, and your case may be unique. Contact a California wrongful termination lawyer to discuss the specifics of your employment claim.
Reasons for Lawful Termination in California
Although employers wrongfully terminate thousands of employees each year, it is important to also note under what conditions your employer can legally lay you off or terminate your employment. Knowing these factors can help you better assess if your rights have been infringed upon.
Your employer can legally fire you if:
- Your employer can prove without a doubt that you damaged company property
- Your employer can prove you were under the influence of drugs or alcohol on the job
- Your employer can prove that you falsified or edited records without permission
- You refused a direct order from your boss
- Your boss can prove you harassed or disrespected them on multiple occasions
- Your employer can prove minor misconduct (consistent tardiness dictated by company policy, faking credentials, etc.)
- Your employer can prove gross misconduct (stealing, sexual harassment, and various other criminal offenses)
- Your employer can prove your performance was consistently poor in the workplace
- Your employer can prove you used company property without prior permission for personal use
- You take too much time off from work
- Your employer can prove you violated company policy in any way
In addition, if the working conditions of your former workplace became so toxic that you could no longer work and were involuntarily forced to resign, our lawyers may be able to help you receive compensation. This event is called constructive termination. Our attorneys know the law and may be able to help you get compensated.
These are most, if not all, of the ways your employer can legally fire you from your job. If you have cross-referenced this list with your own personal situation and you feel that you were still discriminated against or wrongfully terminated, call our employment attorneys now, as we may be able to help you seek justice.
Even if your employer did fire you for one of the reasons stated above, the conditions may still have different interpretations, and it may be worthwhile to call our wrongful termination attorneys for a free case review, especially if your employer did not utilize due process in their decision to terminate your employment.
There are cases where mixed motives (both legitimate and discriminatory) can entitle you to compensation for damages brought on by your employer.
How to Combat Wrongful Termination
Being fired from your job can be a very stressful experience and can affect your perception of your self-worth. Although you will be feeling many emotions at once, it is important to keep a level head when your employer delivers the bad news. No matter what they have said or done to you, it is important that you don’t act rashly or say anything you will regret later.
If you believe that your employer is setting you up for wrongful termination or if you have already experienced it, contact a California wrongful termination lawyer. Our attorneys will work with you and advise you on various courses of action.
Hold off on severance package acceptance
At the time of your termination, your employer may offer you a severance package in exchange for an agreement that you do not sue them for compensatory damages. We urge you not to take this severance pay until you have discussed the details with a qualified employment law attorney. More often than not, employers attempt to terminate employees to save their own skin.
Do not sign anything before legal counseling
Additionally, your employer may ask you to sign paperwork so that your employer can use this as a defense in a court of law. We cannot stress how important it is that you sit down with an experienced wrongful termination attorney and analyze this document so that you do not sign your rights away or cut yourself short on the compensation you deserve.
During your free case review, our lawyers will pinpoint every case of discrimination you have endured and use that to help you get adequate compensation. Our law firm has decades of experience defending employees and protecting their rights. Call 800-561-4887 for a free case review.
The Value of a Wrongful Termination Lawsuit
Although you may have endured a lot of stress and grief because of your employer’s treatment, you are probably not able to recover monetary compensation for any emotional distress the situation might have caused you. There is an exception: the Fair Employment Act and Fair Housing Act.
Employees may be able to recover lost wages, future wages, and the value of their lost benefits with the help of one of our skilled unlawful termination attorneys. In addition, future wages and benefits that you would have experienced with your employer are avenues of compensation that are available to wrongful termination victims, as well as company property that was given to you, such as laptops and cell phones.
The average settlement and compensation amounts vary due to the overwhelming number of job classifications, various wages, and forms of discrimination. Our California employee rights lawyers cannot give you an exact figure on this page; however, our attorneys may be able to give you an estimate during your free consultation based on the facts of your case and the damages that you have sustained.
What Qualities to Look For in a Wrongful Termination Lawyer
Choosing the right attorney for your employment lawsuit is critical to successfully collecting financial compensation worthy of your allegations of wrongdoing. Specialty practice areas allow you to choose a lawyer with the right experience. You wouldn’t go to a cardiologist for a broken bone, so why would you choose a general attorney for your specialized issue?
A reputable and qualified wrongful termination lawyer in California should meet the following criteria:.
- Long track record of winning lawsuits like yours
- Reputation in the legal community and trust placed in him by way of referrals from other attorneys
- Large settlements and verdicts in cases like yours
- No penalties or actions against them with the California Bar Association.
- Empathy and advocacy in wrongful termination claims
- Strong listening and communication skills
- Awards and honors showcasing their authority and trust in the legal community
Top-Rated Wrongful Termination Lawyers in California
Contact us today if you need an attorney to make your employer pay for violating your employee rights. Please take advantage of our free, no-obligation case consultation.
We offer a no win no fee promise, which states that you do not have to pay if we do not win. This should give you the peace of mind to concentrate on finding a job with an employer who will appreciate your services and skill set.
If that was not enough, we have a successful track record to back up our name and our services. Our California wrongful termination lawyers have been helping victims get back on their feet and seek justice against their former employers for over 45 years.
In addition, our law firm has a 99% success rate, so you are choosing a winning team of confident lawyers and paralegals.
Why wait and suffer any longer? Call us now at (800) 561-4887 to set up your free case review and to start taking the first steps to seek justice.
