California Wrongful Termination Attorneys

wrongful termination attorney

It’s commonly known amongst Californian workers that California is known as an “at-will” state. But many employees don’t know exactly what this means, and what the consequences are should they be terminated for reasons they might feel are unfair. Essentially, Californian employers may terminate employment relationships at any time, regardless of the reason for termination. 

This might seem unfair to many people, but to ensure employees are protected from wrongful termination, the courts, legislatures, and public policy have created important exceptions to the “at-will” rule. However, when exactly these exceptions apply can be difficult to determine, particularly without the assistance of a knowledgeable attorney. Unfortunately, unlawful terminations are still common in the modern workplace. 

If you suspect that you have been wrongfully terminated, it is important that you consult with an experienced employment attorney. The wrongful termination attorneys at the Law Offices of Samer Habbas & Associates can help protect you and your legal rights as a California employee. With multiple offices located in Irvine, Anaheim, Los Angeles, El Segundo, Riverside and San Diego, our employment lawyers represent employees who have been wrongfully terminated across Southern California. For more information or to schedule a free consultation, please call 949-727-9300.

Examples of Wrongful Termination

When an employee is terminated for an illegal reason, the termination is wrongful.  For example, firing someone based on a protected class they might belong to would be considered illegal.  Such discrimination is prohibited based on:

  • Gender 
  • Race
  • Age
  • Religion
  • Ethnicity
  • Sexual orientation
  • Pregnancy
  • Ancestry
  • Disability
  • Marital status
  • Medical condition
  • Family and or medical leave
  • Genetic characteristics
  • Pregnancy
  • Genetic information
  • Ancestry

Under state law, many types of terminations would be considered to be unlawful in California. Such cases require the assistance of an experienced lawyer to determine who was in the wrong and claim damages or compensation from the liable party. Attorneys who practice employment law should be consulted in situations where an employee is terminated for one of the reasons listed above. 

California Laws Against Wrongful Termination

Although California is an “at-will” state, firing an employee for any of these reasons is illegal. Obtaining the assistance of an employment attorney can enable the determination of whether or not it’s worth looking into the case to see if wrongful termination has occurred. When an employee is terminated due to a violation of public policy, the termination is wrongful. It must be the following:

  •  Based on a constitution or statute.
  •  Intended to benefit the public.
  • Substantial and fundamental.
  • Established at the time of the termination.

Once again, if the termination is deemed to be a violation of public policy, this should be verified by a qualified lawyer who specializes in California wrongful termination. More specifically, the attorney that you seek for assistance should be practiced in this specific area of expertise to ensure they can accurately present your case and better ensure chances of claiming compensation.

If you believe that your termination was motivated by wrongful or malicious intent, then you need to be able to prove it. Doing this can, at times, be more difficult than many people might realize. You should be able to present ample evidence to justify your case. If you are pursuing wrongful termination on the grounds of sexual harassment, for example, it will help your case if you have previously filed a complaint about sexual advances or inappropriate behavior in the past. It’s advisable to hold on to any records or proof to help your case and give them to your attorneys, such as emails or text messages.

Wrongful Termination On Grounds Of Discrimination

As we have previously mentioned, employers are not allowed to fire employees due to specific characteristics in the state of California. The following would be considered wrongful termination based on the grounds of discrimination:

  • Age: If an employee is still able to perform their duties and job, they cannot be terminated based on their age.
  • Gender: An employer cannot terminate an employee based on their gender. A termination for gender reasons cannot be justified and is illegal.
  • Race: Discrimination based on race is a prevalent form of harassment in the workplace. A terminated employee may sue the employer if they believe their termination was based on race.
  • Religion: It is not unusual for employees to request time off due to different religious beliefs. Employees cannot be fired if their performances are negatively impacted by time off for religious reasons.

Additionally, discrimination can occur regarding national origin, political affiliation, and disability. Unfortunately, termination for such reasons can be difficult to identify. In many situations, employees are not aware that they have been wrongfully terminated because the employer does a good job of hiding the true reasons for a discriminatory termination. This is just another reason why it’s important to discuss your case with a lawyer. They will be able to help you determine if you were, in fact, wrongfully terminated based on your unique circumstances.

Wrongful Termination On Grounds Of Retaliation

A safe work environment must be provided to employees, which means that employers cannot retaliate against their employees should they file a complaint, report, or claim. Sometimes, employees may be fired by employers as a retaliatory action when they hear that an employee has reported something. The following are examples of illegal retaliation:

  • Whistleblowing – Employers cannot terminate an employee for reporting something to upper management, human resources, or any other regulatory party.
  • Protesting or reporting – Employers cannot terminate an employee for protesting or reporting a discriminatory act within the workplace.
  • Filing a workers’ compensation claim.
  • Requesting or taking protected leave, such as FMLA, CFRA, Maternity Leave, Medical Leave, Voting, or Jury Duty.
  • Engaging in protected activities such as voting or fulfilling jury duty, participating in union discussions, or filing a lawsuit.

Acts of retaliation don’t always lead to termination. Retaliation may also include:

  • Decreased compensation
  • Demotion or loss of a promotion
  • Disciplinary actions such as write-ups or suspension.

Steps To Take After Being Terminated

If you believe you have been wrongfully terminated, you must take the right steps to improve your chances of winning your case and getting the compensation you deserve. The following steps should be taken if you have been terminated by your employer:

  • When you are informed of your termination,  try to stay calm and don’t react negatively or in an irrational manner. Should you have a valid wrongful termination claim, making rash decisions can hurt you later on.
  • It’s always a good idea to find out why you were terminated, according to your employer, so make sure to calmly ask questions.
  • Review your employment contract, as it may reveal that your termination was not based on a lawful reason.
  • You need clear evidence to prove your claim if you plan on pursuing a wrongful termination lawsuit. Take a note of everything you need and gather all formal documents. 
  • At all costs, avoid retaliation. Getting terminated can make you angry, understandably, but even a small act of retaliation can drastically decrease your chances of collecting damages. A few examples of retaliation might include stealing, destroying property, or speaking badly of managers and coworkers.
  • Contact an expert employment attorney as soon as possible. It’s best to act quickly to avoid running into problems based on California statute of limitation laws for wrongful termination claims.

Contact An Experienced California Wrongful Termination Attorney

If you have been a target of wrongful termination, speak with an experienced employment lawyer to learn more about your legal rights. The wrongful termination attorneys at the Law Offices of Samer Habbas & Associates can help prepare your case and get you the justice you deserve. With multiple offices located in Irvine, Anaheim, Los Angeles, El Segundo, Riverside and San Diego, our wrongful termination lawyers represent mistreated employees across Southern California. For more information or to schedule a free consultation, please call 949-727-9300.

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