Wrongful Termination: When Being Fired Becomes a Legal Claim
When an employee is terminated from their position, it can be a distressing experience, especially when the circumstances surrounding the firing raise questions about its legality. Wrongful termination occurs when an employer fires an employee in violation of the law or an existing agreement.
In California, state and federal laws provide robust protections for workers, and wrongful termination claims can arise from various situations, including discrimination, retaliation, or breach of contract.
If you need assistance with wrongful termination, employment discrimination, or labor law issues, contact us at the law office of Toni Jaramilla, A Professional Law Corporation, in Los Angeles, California. We’ll fight for your rights and help you achieve a favorable outcome.
Let’s explore the concept of wrongful termination, the rights employees have under California law, and how an employment and labor law attorney can help protect your rights if you’ve been wrongfully terminated.
What Is Wrongful Termination?
Wrongful termination is a term used to describe the act of firing an employee in violation of state or federal laws or an employment contract. Although California follows the "at-will" doctrine, meaning employers can terminate employees for any reason or no reason at all, wrongful termination happens when the dismissal breaks the law or goes against public policy.
California law is particularly protective of workers, and there are several exceptions to the "at-will" rule that can form the basis for a wrongful termination claim.
There are several situations where an employee's termination might be considered unlawful, including violations of anti-discrimination laws, retaliation laws, or other legal protections for workers.
Common Types of Wrongful Termination in California
California is one of the most employee-friendly states in the U.S., and the law provides strong protections for workers. Some of the most common types of wrongful termination claims in California include:
Discrimination-Based Termination
Discrimination-based wrongful termination occurs when an employee is fired based on race, gender, age, disability, religion, sexual orientation, or other protected characteristics. Under both federal laws, such as Title VII of the Civil Rights Act of 1964, and California's Fair Employment and Housing Act (FEHA), it’s illegal for an employer to fire an employee for these reasons.
Retaliation
Retaliation occurs when an employer fires an employee for engaging in legally protected activities, such as filing a workers' compensation claim, reporting harassment or discrimination, or participating in an investigation regarding workplace misconduct.
Retaliation is illegal under both state and federal laws, and if an employee is fired for these reasons, it may qualify as wrongful termination.
Breach of Employment Contract
If an employee has an explicit contract that specifies conditions under which they can be terminated, firing them outside those parameters can lead to a wrongful termination claim.
For example, if an employee is hired under a contract that promises they’ll only be terminated for cause and they are fired without justification, they may have grounds to pursue a wrongful termination claim.
Violation of Public Policy
In California, public policy exceptions to the "at-will" employment rule exist. An employee can’t be fired for refusing to engage in illegal activities or for exercising certain rights, such as taking time off for jury duty, filing a workers' compensation claim, or taking protected leave under the Family and Medical Leave Act (FMLA).
When an employee is fired for these reasons, it’s considered a violation of public policy.
Whistleblower Retaliation
Employees who report illegal activities, unsafe work conditions, or violations of environmental laws are protected under California’s whistleblower protection laws. If an employer retaliates by firing an employee who has reported wrongdoing, it could lead to a wrongful termination lawsuit.
How an Employment and Labor Law Attorney Can Help
If you believe you’ve been wrongfully terminated, it’s crucial to consult with an experienced employment and labor law attorney. These legal professionals work toward protecting employees' rights and can provide guidance and representation when facing unfair dismissal.
Here are some key ways an employment and labor law attorney can assist you in wrongful termination cases:
Deep Knowledge of Employment Laws
An employment and labor law attorney is well-versed in both federal and California state labor laws. California has many specific employee protections, and an attorney can help you understand whether your termination violates any of these protections.
They’ll be able to assess the details of your case and determine whether you have grounds for a wrongful termination claim.
Case Evaluation and Legal Strategy
An employment and labor law attorney will evaluate the facts of your case and advise you on a favorable course of action. They can help you understand the strength of your case, identify key pieces of evidence, and develop a legal strategy.
Legal Representation in Court
In the event that your wrongful termination case goes to court, an employment and labor law attorney can represent you throughout the entire process. They’ll handle all the legal procedures, including filing motions, gathering evidence, and presenting your case in front of a judge or jury.
Their goal is to get you the compensation you deserve for your wrongful termination.
Negotiating Settlements
In many cases, employers may want to settle wrongful termination cases outside of court. An employment and labor law attorney can negotiate on your behalf to secure a fair settlement that compensates you for lost wages, emotional distress, and other damages. Having a lawyer by your side increases the likelihood of receiving a favorable settlement.
Protection of Your Rights
Working with an attorney helps make sure that your legal rights are protected. The wrongful termination process involves strict deadlines and procedural rules. An attorney will make sure that all necessary paperwork is filed on time, that you don’t miss any critical steps, and that your rights are upheld throughout the process.
Benefits of Filing a Wrongful Termination Claim
Filing a wrongful termination claim may seem like an overwhelming process, but it can provide several important benefits. Some of the key benefits of pursuing a wrongful termination claim include:
Lost wages compensation: Employees who have been wrongfully terminated may be entitled to compensation for lost wages, including back pay and front pay.
Emotional distress damages: Wrongful termination can cause significant emotional distress. In some cases, employees may be awarded damages to compensate for this emotional toll.
Punitive damages: If the termination was particularly egregious, such as retaliation or discrimination, you may be entitled to punitive damages. These are meant to punish the employer and deter future misconduct.
Reinstatement: In some cases, employees may be reinstated to their previous position, although this isn’t always possible or desirable.
Legal fees: If you win your wrongful termination case, you may be able to recover the legal fees associated with hiring an employment and labor law attorney.
Filing a wrongful termination claim can help you regain financial stability and hold your employer accountable.
How an Employment and Labor Law Attorney Can Maximize Your Claim
To maximize the potential outcome of your wrongful termination claim, an employment and labor law attorney is invaluable. They can guide you through the process of gathering evidence, such as:
Employment contracts: If there is a contract involved, your attorney will review it to make sure your termination violates the terms.
Performance reviews: Positive performance reviews can support your case that the termination was unjustified.
Witness testimonies: Eyewitnesses who can testify to the circumstances surrounding your termination are crucial to strengthening your case.
Email correspondence and documentation: Relevant communications can provide evidence of improper or discriminatory behavior that led to your dismissal.
With their legal knowledge, an attorney will make sure that you present a strong case to the court or during settlement negotiations.
Consult an Employment and Labor Law Attorney Today
By consulting with an experienced employment and labor law attorney, you protect your rights and set yourself up for a favorable outcome in your wrongful termination case. Our firm is proud to serve clients in the Los Angeles, California area. If you need legal guidance, contact us at the law office of Toni Jaramilla, A Professional Law Corporation.
