Wrongful termination can have devastating consequences. Those who are wrongfully terminated can be left with severe and unanticipated financial strain, extreme stress, and lost wages. California is an at-will state, meaning that an employee can leave a job at any time and an employer does not need a reason to terminate someone’s employment. Despite what some may believe, wrongful termination can still happen in at-will states. Whether it is due to retaliation, discrimination, or another unlawful reason, at-will employment laws do not make unlawful dismissals legal. Often, companies that engage in wrongful termination misconstrue at-will employment laws to mean there is no standard whatsoever for when they can and cannot fire someone. This can give rise to a slew of labor law violations – those who fall victim to them are likely entitled to financial compensation.
At Arias Sanguinetti, our wrongful termination lawyers have seen it all throughout their 300 years of combined experience. Illegal firings have serious consequences – our team is here to hold your employer responsible. We understand that experiencing wrongful termination may lead to feelings of helplessness or anger and that it may feel daunting to pursue legal action. You don’t have to do it alone. Our team is here to educate you on your options and guide you through every step of a potential lawsuit – contact us today.
What is wrongful termination?
Termination of employment becomes wrongful termination when an employee is fired for illegal reasons. It is important to emphasize that the termination in question can include entirely legal rationales such as tardiness or company downsizing, but if any illegal rationale plays a factor in a termination, it likely rises to the level of wrongful termination. These illegal factors most often include:
- Retaliation. See below for a full list of what qualifies as retaliatory firing.
- Public Policy Violations. If an employee is fired for refusing to break the law or performing a legal obligation such as jury duty, it is wrongful termination.
- Workplace Discrimination. Wrongful termination is often due to an instance of workplace discrimination. Learn more about what constitutes workplace discrimination here.
- Breach of Contract. There can be exceptions to at-will laws when contracts are involved. In some cases, breach of contract can amount to wrongful termination.
- WARN Act Violations. The WARN Act requires that most large employers provide 60 days’ notice before mass layoffs, plant closures, or major relocations.
Our team of wrongful termination lawyers has seen the relief that justice can bring to those who have suffered wrongful termination. We believe in fighting for justice against bad employers. Wrongful termination can often give rise to a mass case which can grow the potential financial compensation – if it happened to you, it may have happened to others. Contact us today to learn more.
What qualifies as retaliation by an employer?
Retaliation is illegal in the workplace and is a common basis for civil actions regarding wrongful termination. Most companies and human resources departments understand that employees are protected from retaliation. For this reason, retaliatory firings and demotions are often presented as having an alternative rationale. It is important to recognize retaliation even if your employer does not openly admit its actions are retaliatory. For example, if you are fired for performance issues after filing for worker’s compensation and your performance has not changed, the true cause of your firing was likely retaliation.
Employees in California may not be fired, demoted, or otherwise retaliated against due to:
- Whistleblowing. Employees who report illegal activity, safety violations, or environmental violations, within the company are protected.
- Making Wage and Hour Complaints. Similar to whistleblower protections, firing due to these complaints is prohibited.
- Taking Medical Leave. This form of retaliatory firing can also qualify as discrimination.
- Filing a Discrimination Complaint. Anyone fired due to filing this type of complaint has been wrongfully terminated.
- Union Activities. Union organizing and activities cannot lead to termination.
It can be difficult to identify retaliatory activity by an employer without the help of a wrongful termination lawyer. Contact us today to see if your claim rises to the level of wrongful termination.
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How much money is your wrongful termination claim worth?
Determining the financial compensation that you may qualify for after an instance of wrongful termination is a complex process. Our team has recovered well over a billion dollars throughout our firm’s history and understands that each case requires a different approach. The damages incurred from wrongful termination most often result from:
- Lost Wages. Wages lost due to lost future compensation are often the heart of any claim for damages due to wrongful termination.
- Lost Promotion Opportunity. In some cases where an employee was on track for a promotion, the lost opportunity can amount to significant financial compensation.
- Damages From Discrimination. As discrimination claims often go hand-in-hand with wrongful termination claims, they often play a role in determining financial compensation.
Wrongful termination often escapes litigation because those who suffer damages either want to move on or do not realize they have been illegally fired. Our team of wrongful termination lawyers is eager to see justice delivered for all who have suffered wrongful termination – contact our team today to see if you have a case.
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