How To Know If You’ve Been Wrongfully Terminated In California

12.4.2024

California's Best Wrongful Termination Lawyers

Losing your job can be a devastating experience, especially if you feel that you were fired unfairly or illegally. In California, there are many laws that protect employees from wrongful termination, which is when an employer fires an employee for an unlawful reason. If you have been wrongfully terminated in California, you may have a legal claim against your former employer and be entitled to compensation.

In this blog post, we will explain how to know if you’ve been wrongfully terminated in California, the common grounds for a claim, and the steps you need to take to protect your rights. We will also share some examples of successful wrongful termination cases that we have handled at Infinity Law Group.

Wrongful Termination Law In California

California is an at-will employment state, which means that employers can fire employees at any time, for any reason, or for no reason at all, as long as they do not violate the law. However, there are many exceptions to this rule that limit the employer’s ability to terminate employees arbitrarily or unfairly.

According to California law, wrongful termination occurs when an employer fires an employee for one of the following reasons:

o   Discrimination: It is illegal for employers to fire employees based on their race, color, national origin, ancestry, religion, sex, gender identity, sexual orientation, pregnancy, age, disability, medical condition, marital status, military or veteran status, or any other protected characteristic under the California Fair Employment and Housing Act (FEHA) or federal law.

o   Retaliation: It is illegal for employers to fire employees for exercising their legal rights or reporting illegal conduct by the employer or co-workers. This includes whistleblowing, filing complaints or lawsuits against the employer, participating in investigations or proceedings, requesting reasonable accommodations, taking protected leave, or engaging in union activities.

o   Breach of contract: It is illegal for employers to fire employees in violation of an express or implied employment contract that specifies the terms and conditions of employment. This can include written contracts, oral agreements, employee handbooks, policies, or practices that create an expectation of continued employment.

o   Violation of public policy: It is illegal for employers to fire employees for reasons that go against the fundamental principles of society. This can include refusing to perform an illegal or unethical act, performing a legal duty or obligation, exercising a legal right or privilege, or reporting a violation of public policy by the employer.

If you have been fired for any of these reasons, you may have a wrongful termination claim against your employer and be able to recover damages such as lost wages and benefits, emotional distress, punitive damages, and attorney’s fees.

How Do You Know If You’ve Been Wrongfully Terminated In California?

To know if you’ve been wrongfully terminated in California, you need to look for signs that your termination was illegal under California law. Some of these signs are:

o   You were fired for discriminatory reasons: If you were fired because of your race, gender, age, disability.

o   You were fired in retaliation for reporting misconduct: If you were fired shortly after reporting harassment, discrimination, fraud, safety violations, or any other illegal or unethical conduct by your employer or co-workers, this may be a sign of wrongful termination. Your employer may try to justify your termination with false or exaggerated reasons, such as poor performance or insubordination.

o   You were fired without warning or a clear reason: In California, employers are generally required to provide employees with a valid reason for termination, and sudden, unexplained firings may be a violation of employment laws. If you were fired without any warning or a clear reason, this could be a sign of wrongful termination.

o   Your firing goes against company policy: If your termination goes against the company’s policies or procedures, this may be a sign of wrongful termination. For example, if you were fired for a reason that is not listed in the company’s code of conduct or employee handbook, you may have a case for wrongful termination. It is important to review your company’s policies and procedures to determine whether your termination was consistent with them.

o   Your firing seems suspicious or unexpected: If you were fired under unusual or suspicious circumstances, this may be a sign of wrongful termination. For example, if you were fired after being with the company for a long time or after receiving positive performance reviews, this could indicate that the termination was not based on legitimate business reasons. Additionally, if you were fired after refusing to engage in illegal or unethical conduct, this could also be a sign of wrongful termination.

If you notice any of these signs, you should consult with an experienced California employment law attorney as soon as possible. An attorney can help you evaluate your situation, gather evidence, and pursue your legal claim.

What Are The Steps To Take When You Have Been Wrongfully Terminated In California?

If you believe that you have been wrongfully terminated in California, you should take the following steps as soon as possible:

o   Document everything: Keep a record of everything related to your employment and termination. Write down the date, time, and details of your termination, and save any documents or communications that support your claim. This can include your employment contract, employee handbook, performance reviews, pay stubs, benefits statements, emails, texts, letters, memos, or witness statements.

o   File a complaint with the appropriate agency: Depending on the type of wrongful termination claim you have, you may need to file a complaint with a state or federal agency before you can file a lawsuit. For example, if you were fired for discrimination or retaliation under FEHA, you need to file a complaint with the California Department of Fair Employment and Housing (DFEH) within one year of your termination. If you were fired for discrimination or retaliation under federal law, you need to file a complaint with the Equal Employment Opportunity Commission (EEOC) within 300 days of your termination. These agencies will investigate your complaint and issue a right-to-sue letter that allows you to proceed with your lawsuit.

o   Contact Infinity Law Group: Wrongful termination claims can be complex and challenging to prove. You need an experienced wrongful termination law firm who can guide you through the legal process and advocate for your rights. An attorney can help you gather evidence, negotiate with your employer, and represent you in court if necessary.

How Can Infinity Law Group Help You?

At Infinity Law Group, we are dedicated to helping employees who have been wrongfully terminated in California. We have successfully handled many wrongful termination cases and recovered millions of dollars for our clients. We will fight for your rights and seek the maximum compensation that you deserve.

If you have been wrongfully terminated in California, contact us today for a free consultation. We will review your case and advise you on the best course of action. We work on a contingency fee basis, which means that we don’t get paid unless we win your case.

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