Orange County Wrongful Termination Lawyer

Orange County Wrongful Termination Attorney

If you have recently been fired from your job, you might wonder whether or not you have a wrongful termination lawsuit. Before taking the next steps on your own, contact an experienced Orange County wrongful termination lawyer for a consultation about your options.

What Is Wrongful Termination?

California is an “employment-at-will” state, meaning that without a contract, either the employer or employee can end their working relationship for any reason at any time. Fortunately, employees are given some protection, so this does not mean you cannot experience wrongful termination in the state.

Wrongful termination in California refers to the unlawful dismissal of an employee from their position in violation of state or federal laws, public policy, or contractual agreements for reasons that are discriminatory, retaliatory, or otherwise illegal.

Situations When it Is Illegal to Fire an Employee

State and federal laws are there to protect employees’ rights in the workplace, and breaching these laws could warrant a wrongful termination lawsuit. Grounds for a lawsuit against an employer may come from situations such as:

• Protected Class Discrimination
  California employment discrimination laws make it against the law to fire an employee based on discrimination. The Equal Employment Opportunity Commission (EEOC) includes color, race, sex, religion, age, national origin, genetic information, and disability as federally protected characteristics. California law also includes marital status, medical condition, and veteran or military status on the list of protected classes.
• Breach of Contract
  When an employer terminates an employee in violation of the terms outlined in an employment contract, that becomes wrongful termination through breach of contract. These contracts usually include information on the duration of employment, job responsibilities, compensation, benefits, and conditions under which termination happens.
• Pregnancy Discrimination
  Pregnancy discrimination happens when an employer fires or takes adverse employment actions against an employee because of their pregnancy, childbirth, or pregnancy-related medical conditions. The California Fair Employment and Housing Act and the Pregnancy Discrimination Act provide these protections.
• Whistleblower Retaliation
  It is unlawful for an employer to fire an employee for any kind of “whistleblowing,” such as reporting them for violation of local, state, or federal laws, regulations, or rules. An example of this would be if you reported financial fraud within your company and your boss fired you in response.
• Retaliation of Complaints of Sexual Harassment
  Under California law, your employer is obligated to maintain a workplace free from sexual harassment. If they fail to do so, you have the legal right to report them. If an employer terminates your employment as a consequence of reporting or complaining about sexual harassment, this is classified as retaliation.
• Retaliation for Taking Family or Medical Leave
  If you take family or medical leave, your employer cannot fire you for this. California law protects employees against retaliation by employers for using accrued sick leave or utilizing your rights to family or medical leave.
• Retaliation for Complaining About Wage Law Violations
  Under California’s state Labor Code, your employer cannot fire you for filing complaints about unpaid wages, overtime pay, and unpaid meal and rest break violations. Talking about your pay is also not illegal and cannot be prohibited in the workplace.
• Violation of Public Policy
  In California, employees cannot be fired for exercising their legal rights and duties or acting in obligation to the greater public, such as refusing to violate a statute, performing a statutory obligation, exercising their statutory rights or privileges, or reporting an alleged violation of a statute. An example of this is that you cannot be fired if you refuse to break the law for your employer.
• Constructive Discharge
  It is wrongful termination if your employer creates a hostile work environment or subjects you to intolerable conditions that leave you with no choice but to resign. This can be unfair disciplinary actions, unwarranted demotions, reducing work hours or benefits, or creating unreasonable work demands.
• Retaliation for Engaging in Protected Activities
  Protected activities include engaging in unions and organizing or participating in collective bargaining or exercising labor rights. If you are fired for participating in or supporting either of these activities, you may have grounds for wrongful termination.

What To Do if You Feel You Have Been Wrongfully Terminated in California

It is important to move quickly if you believe you have been a victim of wrongful termination in Orange County. Since the burden of proof is on the worker, you will need to gather evidence quickly. Relevant evidence could include emails, performance reviews, disciplinary actions, witness statements, or documentation of retaliatory or discriminatory behavior. You should also consult with a seasoned Orange County Wrongful Termination Lawyer who can provide legal advice and support in building a strong case.

Before you can file a lawsuit against an employer for wrongful termination, you must file a complaint with the California Civil Rights Department (CRD). This must be done within three years of the termination. The CRD will investigate your complaint by interviewing witnesses, reviewing documents, and gathering other evidence.

If they determine your case has merit, they may try to resolve your case through mediation or settlement. Otherwise, you can request an immediate right-to-sue notice from the CRD, allowing you to bypass their investigation and file a lawsuit directly. This notice must be obtained before you can file with the court.

Statute of Limitations

The statute of limitations is the time during which you can file a lawsuit. This statute is meant to ensure fairness and prevent the indefinite threat of lawsuits. The statute of limitations for wrongful terminations is typically within two years of the date of termination or three years with Fair Employment and Housing Act (FEHA) or Worker Adjustment and Retraining Notification (WARN) Act violations or whistleblower retaliation.

Damages You Can Receive for Wrongful Termination

Since wrongful termination cases are civil lawsuits, the compensation you may receive is called damages. The main types of damages you may recover if you win the lawsuit are:

• Lost Pay
  The lost pay element of the damages includes pay you would have earned if your employer had not fired you, as well as overtime and other compensation. This includes those lost from the date of termination to the settlement.
• Lost Benefits
  Lost benefit damages can include health and dental insurance, retirement benefits, stock options and equity compensation, bonuses and commissions, vacation and paid time off, life insurance, disability insurance, and even education and training benefits.
• Compensatory Damages
  Compensatory damages are intended to compensate you for emotional distress, pain and suffering, humiliation, and other non-economic harm caused by the wrongful termination.
• Punitive Damages
  If the employer committed particularly egregious conduct, they may decide to award punitive damages as a punishment to the employer. These are not intended to reimburse you for your losses but to deter similar misconduct in the future.
• Lawyer Fees
  In some cases, the court may order the employer to pay your attorney’s fees and litigation costs if you win the lawsuit. This can help offset the expenses you incurred pursuing legal action.

FAQs

Q: How Much Is a Wrongful Termination Lawsuit Worth in California?

A: How much a wrongful termination lawsuit is worth in California will depend on the unique circumstances of your case, such as the severity, available evidence, and the impact on your emotional and financial well-being. For a more accurate answer, you should consult an experienced employment lawyer with knowledge of state and federal wrongful termination laws.

Q: Is it Hard to Prove Wrongful Termination in California?

A: Proving wrongful termination in California can be difficult, but not impossible, as long as you take the right approach and have legal assistance. Since California is an “employment-at-will” state, not all terminations are illegal. It is important to gather substantial evidence and demonstrate the employer’s actions were motivated by discrimination, retaliation, or another illegal reason.

Q: What Is the Statute of Limitations for Filing a Wrongful Termination Lawsuit in California?

A: The statute of limitations for filing a wrongful termination lawsuit is two years from the date of termination. While it may seem like you have a lot of time, it is important to remember that gathering evidence and building a strong case will take time. You should consult with an attorney as soon as you have been wrongfully terminated or are questioning the legality of your termination.

Q: How Long Does a Wrongful Termination Lawsuit Take to Resolve?

A: The timeline for resolving a wrongful termination lawsuit differs case by case. On average, it can take several months to a few years to resolve, especially if it goes to trial and involves appeals. Early and organized evidence gathering, clear communication, and the willingness of both parties to negotiate can help speed the process up.

Q: What Evidence Is Needed to Prove Wrongful Termination?

A: Proving wrongful termination requires evidence to support your claim. The most common types of evidence used are employment records like performance evaluations or attendance records, communications, witness testimony, documentation of discrimination or retaliation, employment policies and handbooks, and potential medical records. Outside evidence might also be beneficial, such as expert testimonies and comparative evidence like data or statistics.

Legal Representation for Wrongful Terminations in California

If you feel you have been wrongfully terminated from your employment in Orange County, CA, our team will carefully listen and review your situation and help you understand your options. Reach out to the experienced Orange County wrongful termination lawyers at Aitken Campbell Heikaus Weaver, LLP, to schedule your free consultation.