Being fired is a complicated process on its own. But being fired for the wrong reasons takes the situation to another level of complexity. If you suspect that the reasons for firing you are not valid, you have the right to question it and proceed legally.
First, let’s understand what wrongful termination is under California Employment Law. Wrongful termination occurs when an employee’s position is terminated in violation of a contract or public policy. This action is an illegal act. A worker who has been a victim of wrongful termination has the right to file a claim against this action and seek compensation.
Why does wrongful termination occur? Every day workers are fired by their employers. Sometimes it is due to poor work ethic, lack of skill, or other reasons. There are a lot of causes; however, when an employer fires an employee for wrong or illegal reasons, the employee should file a claim. The process for a wrongful termination case will depend on the eligibility to file the claim or whether or not you have signed a contract or working as an “at-will” worker.
The most typical bases for lawsuits under California wrongful termination laws are:
- Exceptions to “at-will” employment
- Whistleblower protection
- Wrongful dismissal under the Fair Employment and Housing Act
- Wrongful constructive termination
- Taking leave
- Wage and hour complaints
- Political activities
- Worker Adjustment and Retraining Notification (WARN Act)
After getting terminated your contract, we recommend the following:
- Gather Evidence
- Call a lawyer with experience in wrongful termination cases.
The most common damages an employee can claim are:
- Wages, salaries, and commissions lost due to the termination.
- Wages the employee would have earned in the future.
- Loss of benefits.
- Compensation for emotional distress/pain and suffering arising from the loss of your job.
- Punitive damages designed to punish willful wrongdoing by the employer.
Our team has decades of combined experience dealing with wrongful termination cases in California. We are proud of the results we’ve achieved for our clients. Call us today!