When someone loses their job, it is natural to feel like it was a wrongful termination.
Being fired by an employer, especially without cause or reason, can be frustrating. Still, the threshold for wrongful termination is specific in legal terms, and not every instance will meet the legal definition.
To file a successful wrongful termination claim, you have to prove that you were fired illegally, based on discrimination or breach of contract.
What are some examples of wrongful termination?
Wrongful termination claims typically involve an employee being illegally fired for discriminatory reasons or retaliation over participation in a protected activity. Employee characteristics and activities protected from retaliation and discrimination are defined by the Equal Employment Opportunity Commission (EEOC), a federal agency established under the Civil Rights Act of 1964.
Wrongful Termination Based on Discrimination
Employees may have a wrongful termination claim when they believe they have been illegally terminated based on protected characteristics as defined by the EOOC.
Protected characteristics include:
- National Origin
- Sexual Orientation
- Skin Color
- Religious Affiliation
- Gender
- Race
- Age
- Pregnancy
- Disability
Wrongful Termination in Retaliation Over Protected Activities
Employees are protected from employer retaliation over certain protected employee activities.
These activities include:
- The filing of, or being a witness in, an EEOC lawsuit, charge, complaint, or investigation against the employer.
- Bringing to a supervisor or manager’s attention incidents of discrimination or harassment or participating in an investigation of such incidents.
- A failure to comply with directions or orders that are discriminatory in nature.
- Resisting unwanted sexual advances in the workplace or intervening to protect another employee from unwanted sexual advances.
- A request to accommodate a religious practice or a disability.
- A request for wage or salary information to uncover a discriminatory wage gap.
Wrongful Termination Over a Workers’ Comp Claim
Suppose you were injured at work and fired after you applied for or received workers’ compensation benefits. In that case, you might be eligible to file a wrongful termination lawsuit against the employer. When an employee is fired in retaliation for filing a workers’ compensation claim, it may be legally considered wrongful termination.
Wrongful Termination Related to FMLA
The U.S. Family and Medical Leave Act (FMLA) offers protection to employees who take a leave of absence from work for reasons such as the birth of a child or to care for a loved one. There are specific qualifications and processes involved in taking a leave of absence per FLMA. However, employees who follow the family leave law, their employer’s policies and gain proper approvals have a right to return to their job following their leave of absence. They are protected from a termination based solely on taking a leave of absence.
Wrongful Termination Over Wage or Overtime Disputes
If you were fired because you were fighting for wages, overtime, or commissions owed to you, you might have a legitimate wrongful termination claim. The U.S. Fair Labor Standards Act (FLSA) covers these types of disputes. If you were terminated over a wage dispute, be sure to collect any documentation, such as employment contracts, pay stubs, company policies, or schedules that could help in proving your claim.
Is it worth it to sue your employer?
Filing a wrongful termination claim against your employer can result in a long and stressful legal battle and bring much scrutiny to yourself. Unless you have evidence that you were terminated illegally, you will be wasting money and time if you file a lawsuit. If you don’t have a solid claim based on the types of wrongful termination listed above, you will probably not succeed.
Is wrongful termination hard to prove?
Proving wrongful termination can be a challenge, which is why employees must document as much information as possible related to their employment leading up to the termination and seek legal counsel from an experienced employment attorney specializing in wrongful termination cases.
An employee’s natural reaction to being fired is to be angry with their employer. No one wants to think that there was a good reason for their termination. An experienced employment lawyer will conduct a complete evaluation to determine if you have grounds for a claim.
What are the odds of winning a wrongful termination lawsuit?
In most instances, wrongful termination lawsuits settle outside of court, often the most desirable outcome for both parties. Settling out of court is a win for the employee when the settlement terms are reasonable. Settlements are, in some ways, a victory for the employer too because, even in cases where the employer believes that they could prevail in court, a drawn-out public case can damage a company.
When it comes to wrongful termination, you should always fight for fair compensation. Just because you have a chance to settle does not mean you should always take that offer. You need to consult an experienced wrongful termination lawyer to ensure that you are getting a fair settlement.
How much do you get for wrongful termination in California?
The amount of compensation you receive in a wrongful termination case varies greatly and will depend on several factors, including:
- The employer’s resources.
- Whether or not you receive punitive damages.
- Attorneys fees and court fees
- Front and back pay awards
- Whether or not you receive compensatory damages.
No outcome is ever guaranteed. However, the wrongful termination attorneys at the Law Offices of Samer Habbas & Associates can evaluate your claim, determine if you have a solid case, and help you to determine how much you might get from a wrongful termination lawsuit.
Contact an Experienced Wrongful Termination Employment Attorney Today!
Do you feel you have been wrongfully terminated by your employer? Consult with an expert employment attorney to learn about your rights as an employee in California. The Orange County employment attorneys at the Law Offices of Samer Habbas & Associates handle a variety of employment claims, including matters of wrongful termination. With multiple offices located in Irvine, Anaheim, Los Angeles, El Segundo, Riverside and San Diego, our labor law attorneys represent mistreated workers across Southern California. For more information or to schedule a complimentary consultation with an Orange County employment lawyer, please call 949-727-9300.
