Although California is an at-will employment state, there are still numerous circumstances in which wrongful termination can take place. If you were recently fired from your job and believe you were the victim of wrongful termination, Wilshire Law Firm can help. Start a free and confidential case review with our experienced wrongful termination attorneys today.
Call us 24/7 at (800) 501-3011.
Table of Contents
- How to Know If You Have a Wrongful Termination of Labor Case
- Defining At-Will Employment
- At-Will Exceptions and Wrongful Termination
- How Our Wrongful Termination Lawyers Assess Your Claim
- Free Case Review with our Wrongful Termination Law Firm
- More Helpful Resources
How to Know If You Have a Wrongful Termination of Labor Case
One of the most challenging aspects of a given California employment lawsuit is knowing if your termination was legal or illegal (referred to as wrongful termination). The first thing to understand is that most jobs are considered “at-will,” which means an employee can be fired at any time for any reason deemed applicable by the employer. However, exceptions to the at-will law may allow you to take legal action against your employer.
Contact our experienced employment lawyers for a free review of the important details of your unique case.
Defining At-Will Employment
At-will employment means that, unless you are under contract for a fixed period or your contract has a clause requiring good cause for termination, you and your employer can leave the arrangement at any time, for almost any reason. No prior warning or notice is required on either of your parts.
Your employer can legally decide to fire employees for no reason — even if they perform their jobs exceptionally — and remain entirely within their rights.
At-Will Exceptions and Wrongful Termination
Employers do not, however, have unlimited hiring and firing power when it comes to their businesses. Businesses are expected to adhere to all applicable public policies, as well as the conditions and procedures outlined in company policy or the employee’s contract. For these reasons, there are still many exceptions to at-will employment firings that the courts have found to be illegal.
In California, it is illegal to fire an at-will employee for the following reasons:
- Discrimination – You cannot be fired on the basis of your race, religion, gender, age, disability, sexual orientation, political beliefs, or any other protected characteristic.
- Retaliation – Whistleblowers who report a violation of the law by their employer cannot be fired. Similarly, if an employee refuses to commit an illegal act, the employer is prohibited from terminating the employee.
- Protected Absences – Employees have the guaranteed right to serve on a jury, take family or medical leave as outlined in the Family and Medical Leave Act, and other legally-protected absences.
- Constructive Discharge – When an employer creates or fails to correct hostile working conditions that leave an employee with no reasonable alternative but to resign their position, this is treated by the courts as wrongful
How Our Wrongful Termination Lawyers Assess Your Claim
While you may have a strong suspicion that you were wrongfully terminated, those suspicions can be extremely difficult to prove in court. In order to strengthen your claim, call on the experienced unlawful termination lawyers at Wilshire Law Firm. Together we’ll assist you and guide you through these critical elements of your claim:
- Gather Relevant Documentation – Employee handbooks, employment contracts, files, past performance reviews, and relevant communications can create a detailed account of your case. Confirm all agreements regarding your termination and, if applicable, severance in writing.
- Review your Contract – Contracts may limit the circumstances under which an employee may be fired. It’s also a good idea to interview coworkers when gathering additional evidence supporting your case.
- Remind You: Don’t Retaliate Against Your Employer – You may be hurt and upset following your wrongful termination, but now is not the time to steal property or commit legal violations. Our trusted wrongful termination attorneys will represent you and help you obtain justice and compensation through the courts.
Free Case Review with an Experienced Wrongful Termination Law Firm
Since 2007, the experienced wrongful termination lawyers at Wilshire Law Firm have been helping their clients obtain the absolute best result. With more than 50 attorneys and 300 legal team members, we have the financial resources, dedication, and legal expertise you need for your wrongful termination claim. We’ve recovered over one billion dollars for our clients and will fight for your justice and compensation.
Our California wrongful termination law firm handles the following employment cases on a contingency fee basis, so you pay no fees unless you win.
To find out how our commitment to excellence can help your case, contact Wilshire Law Firm 24/7 at (800) 501-3011 or fill out our online contact form to get started today with your FREE and confidential case consultation.
Frequently Asked Questions About Wrongful Termination Lawsuits
How Long Do You Have to File a Wrongful Termination Claim?
The applicable laws governing a wrongful termination claim can vary, but employees generally must first file a charge with the United States Equal Employment Opportunity Commission within 180 days of their wrongful termination. If pursuing a claim with the California Department of Fair Employment and Housing, the charge must be filed within one year of the adverse employment action.
You may be entitled to compensation for the following:
- Lost Wages
- Lost Benefits
- Diminished Earning Capacity
- Pain and Suffering
- Punitive Damages
What Is a Wrongful Termination Lawsuit?
A wrongful termination lawsuit is a legal claim brought by an employee against their employer for terminating their employment in violation of the law or contract. The claim may be based on discrimination, retaliation, failure to pay wages, breach of contract, or other improper reasons for dismissal.
More Helpful Resources
- Start a Free Case Review
- What to Do When You Get Fired Unfairly
- Workers’ Compensation Lawyers – For Workplace Accidents
- Employers and Tattoos, Piercings, or Hairstyles in California
- Sexual Harassment in the Workplace
- Pregnancy Discrimination at Work
- Disabled Worker Rights in California
- Disability Discrimination
- Workplace Retaliation in California
- California Employment Law