The Law Offices of Jacob Emrani:
Los Angeles Employment attorneys serving all of California
If you’ve been fired without cause from your job in California, a wrongful termination lawyer can help you seek fair compensation. We’ll take you through the basics of wrongful termination in California, what to do if you’ve been wrongfully terminated, and how an attorney for wrongful termination can help you get the most from your wrongful termination lawsuit.
What Is Wrongful Termination in California?
Wrongful termination in California occurs when an employer ends an employee’s work for a reason that’s considered invalid under state or federal law. This can include termination that directly violates these laws, as well as termination that goes against public policy or the contract signed between the employer and employee.
Examples of Wrongful Termination Cases
If you suspect you were terminated wrongfully, you may be able to sue your employer and seek compensation. Some of the most common types of wrongful termination include:
Discrimination
If you suspect that your employer has fired you over reasons relating to your personal identity, this falls under wrongful termination due to discrimination. This can include physical traits such as age, race, disability, or becoming pregnant, as well as things like your religion and sexual orientation.
Retaliation
As an employee, you have the right to report wrongful activity in your workplace. This is called whistleblowing, and can involve reporting things like harassment and unsafe working conditions, as well as activities like filing a wage claim. If your employer retaliates by terminating your employment for speaking out, this is wrongful termination.
Exercising Legal Rights
In California, public policy states that you have a legal right to things like family leave, medical leave, and serving on a jury. If you’re called to jury duty, your employer is required to allow you to take time to complete that duty. If they terminate your employment for exercising your legal right, this is wrongful termination and you can pursue a case.
Breach of Contract
If you have a contract with your employer that stipulates requirements for termination, that contract is typically considered to overrule California’s at-will employment. This means that if your employer fires you in breach of the contract, you have a valid case to pursue wrongful termination.
At-Will Employment vs. Illegal Termination
When discussing employment, it’s important to understand the difference between at-will termination and illegal termination. California is an at-will state, meaning an employer or an employee can terminate work for any reason. However, there are exceptions to this rule — it is still illegal to terminate employment if the termination violates state or federal laws, public policies, or the employee’s contract.
How to Prove Wrongful Termination
To prove wrongful termination in California, you’ll need to be able to demonstrate that your employment was terminated due to something like discrimination or breach of contract, rather than for reasons related to business or employee performance. Some important things to keep track of to prove wrongful termination include:
- Performance reviews can help prove your track record as a good employee, which can help discredit the employer’s claim if they argue that you were fired due to performance reasons.
- A timeline of events is important for retaliation cases, particularly if you were fired shortly after reporting a workplace incident.
- Keep all communication records related to your termination, including texts, emails, and other messages about your workplace activities.
- Company policies and contracts can strengthen your case if you were terminated in violation of either policy or contract.
In some cases, you may also be able to include witness statements from coworkers, customers, bystanders, or other members of your workplace. Rather than approaching these people yourself, it’s best to leave this to your lawyer so as to avoid any accusations of interference during your case.
What Compensation Can You Recover?
If you’re facing wrongful termination in California, there are several different types of compensation that you may be entitled to recover from your former employer.
- Back pay for wages and benefits lost between the time of the termination and the time of your case settlement.
- Future earnings may be granted if you’re not able to return to your job or find new employment after reasonable efforts to do so.
- Legal expenses related to your wrongful termination case.
- Compensation for emotional distress related to your termination and settlement case.
- Lost benefits including paid time off, retirement contributions, company stock options, and interest on wages earned.
The type of compensation you can recover will depend on your workplace and the circumstances of your termination. An experienced employment attorney can guide you through the process to help you get the highest amount of compensation that you’re entitled to.
What to Do If You Were Wrongfully Terminated
Following unlawful termination, start by taking these steps to get your employment case started.
Step One: Gather Your Materials
Start by making sure you have all of your contracts, performance reviews, and communications from your employer. Make a timeline of the events surrounding your termination so you can bring all of this information to your legal consultation.
Step Two: Consult a Lawyer
Meet with an experienced employment lawyer like the team at Jacob Emrani, who can review your materials and help you determine whether to pursue a case against your former employer.
Step Three: Consider a Case
If your situation meets the requirements for wrongful termination, your lawyer will file a suit and help you pursue the maximum amount of compensation you can receive.
How a Lawyer Can Help Your Case
Hiring an experienced lawyer is the best way to make sure your wrongful termination case is successful. They’ll review all the evidence and build a case in your favor, then guide you through the settlement or court process to make sure you don’t fall into any legal pitfalls. A lawyer can also help manage any communication between you and your former employer. It’s important to reach out to a lawyer promptly after termination, since talking to your former employer without legal guidance can run the risk of you saying things that can harm your case. Your lawyer is there to take you through the entire wrongful termination process and to make sure you’re protected and prepared if you need to go to court.
Call Jacob for a Free Consultation
When you need a wrongful termination attorney near you, Jacob Emrani is your go-to solution for professional legal advice in California. Our team is highly experienced at managing unlawful termination cases and we’re experts at getting you the most from your compensation package. Contact us today for your free consultation to find out whether you have a case for wrongful termination.