Orange County Wrongful Termination Attorney

Losing your job can be a devastating experience, impacting not only your financial stability but also your emotional well-being. While job losses are unfortunately common, not all terminations are legal.

When an employer fires an employee and violates federal or state employment laws or contractual agreements, it is known as wrongful termination. At Elite Employment Law, we have over a decade of experience successfully representing employees in wrongful termination cases.

We understand the complexities of these cases and are committed to fighting for the rights of unfairly dismissed workers. Let our Orange County employment law attorney help you. Schedule your free consultation today.

Meet Attorney Samuel P. Nielson

Founder & Lead Attorney

Samuel P. Nielson is the Founder and Lead Attorney of Elite Employment Law APC, where he is dedicated to protecting the rights of employees across Southern California. With over a decade of experience, Sam has built a reputation for fierce advocacy and trusted legal counsel in employment law. He represents a wide range of clients—from corporate executives to hourly workers—in all stages of employment disputes, including pre-litigation negotiations, administrative hearings, litigation, and trial.

Sam focuses exclusively on employment law and has successfully handled cases involving age discrimination, disability discrimination, pregnancy discrimination, religious discrimination, sexual harassment, general workplace harassment, unpaid wages, unpaid overtime, wage disputes, whistleblower retaliation, and wrongful termination.

Everyone deserves to feel safe, respected, and valued in their workplace. Unfortunately, many employees in California still face serious challenges such as harassment, discrimination, retaliation, and wrongful termination—issues that violate both federal and state labor laws. At Elite Employment Law, we exclusively represent employees and have a success rate surpassing 97 percent. We understand what it takes to achieve justice and are here to help. Contact us today to schedule a free and confidential consultation.

Contact an Orange County Employment Attorneys Today

If you’re facing issues at work—whether it’s harassment, retaliation, wage disputes, wrongful termination, or any other employment law concern—Elite Employment Law is here to help. We’re committed to protecting your rights and fighting for the fair treatment and compensation you deserve. Every employee has the right to a safe, respectful, and lawful workplace. Let us put our experience and dedication to work for you. Contact Elite Employment Law today for a free, confidential consultation and take the first step toward justice.

How Our Orange County Wrongful Termination Attorneys Can Help You

At Elite Employment Law, we focus exclusively on protecting the rights of employees who have been wronged in Southern California. With a success rate surpassing 97 percent in handling employees’ claims and have achieved justice for many clients with wrongful termination cases.

We are a leader in the employment law industry and opposing counsel, who know our work best, often refer their friends and family members to us because of our commitment to excellence and the impressive results we achieve.

The Elite Employment Law firm has recovered millions of dollars in compensation for our clients, including many six and seven-figure settlements, without ever filing a lawsuit. We connect with our clients to understand their claims and objectives so we can best advise them every step of the way. You can be sure that we carefully evaluate your case and tailor our approach and strategy to meet its specific needs.

Understanding Wrongful Termination in California

California is an “at-will” employment state, meaning that in most cases, employers can terminate employees for any reason or no reason at all, as long as it is not illegal.

However, just because you are considered an at-will employee does not mean that your employer can terminate your employment for any reason at all. If your employer’s termination is motivated by certain types of protected statuses, your employer may be prohibited from firing you. Some examples of such characteristics could include:

Age
Ancestry
Disability
Gender expression or identity
Genetic information
Marital status
Medical conditions
Military status
National origin
Pregnancy
Race
Religion
Political views
Sexual orientation
Using family medical leave
Veteran status

It may not always be clear whether your employer has used any of these protected categories as a basis for your termination. For that reason, it may be in your best interest to consult a legal representative for more information. It is also important to note that there are important exceptions to this rule that protect workers from unjust dismissals. If you believe you may have been wrongfully terminated, you should seek the advice of an experienced Orange County wrongful termination attorney.

Exceptions to At-Will Employment in Orange County

While employers may try to convince you that they can terminate employees for any reason, you may be protected by an exception to the at-will employment rule.

Contracts

Written Contracts. If you have a written employment contract that specifies the conditions and duration of your employment, you are not considered an at-will employee. This contract may be enforceable in court if violated.
Implied Contracts. Even without a written agreement, an implied contract may exist based on your employer’s actions and statements. Factors that may indicate an implied contract include:

Long-term employment
Regular promotions
Positive performance reviews
Promises of continued employment
Assurances of job security during hiring

Public Policy Violations

Employers cannot fire workers for reasons that violate public policy. Some examples of such reasons include:

Taking time off to vote or serve on a jury
Serving in the military or National Guard
Filing a workers’ compensation claim
Reporting illegal activities (whistleblowing)

Discrimination

It is illegal to terminate employees based on protected characteristics. Some of these characteristics include:

Race
Color
National origin
Gender
Religion
Age
Disability
Pregnancy

Retaliation

Employers cannot fire workers for engaging in legally protected activities, such as:

Filing a complaint with HR or the Equal Employment Opportunity Commission (EEOC)
Reporting workplace safety violations
Refusing to participate in illegal activities
Reporting or being involved in an investigation regarding unpaid overtime or wages
Reporting concerns surrounding sexual harassment in the workplace
Blowing the whistle on workplace injuries or hazards

As long as you became a whistleblower or made a complaint in good faith, your employer is prohibited from retaliating against you. Retaliation can include a wide variety of actions, including:

Being demoted in job title
Facing a pay reduction
Your employer switching your work shift to a time when they know you cannot work
Your employer relocating you to an unwarranted or inconvenient location
Your employer writing up poor job performance reviews when your work responsibilities or ethics have not changed
Being wrongfully terminated or passed over for promotions

You might have been under the impression that as an at-will employee, your employer can fire you or retaliate against you unlawfully. However, both state and federal law protect you from retaliation. Your wrongful termination attorney in Orange County can help you demand reinstatement, back pay, and compensation for your other damages.

In doing so, we may be able to hold your employer accountable for their actions and potentially prevent future instances of discrimination, retaliation, or wrongful termination. If you have questions about whether your termination is wrongful, seek the counsel of an experienced wrongful termination attorney right away.

Signs of Wrongful Termination

It is important to recognize the signs of wrongful termination. While the signs of wrongful termination will vary and are dependent on your specific case, some common indications may include:

Sudden changes in performance reviews despite consistent work quality
Increased scrutiny or unreasonable demands following a complaint or protected activity
Termination shortly after disclosing a pregnancy or disability
Dismissal after refusing to engage in illegal activities
Being fired for taking legally protected time off (e.g., Family and Medical Leave Act (FMLA) leave)
Termination that violates the company’s own policies or procedures

Steps to Take If You Suspect Wrongful Termination

If you believe you’ve been wrongfully terminated in Orange County, you should take prompt action. Be proactive to best protect your rights. Some steps to consider include:

Document Everything. Keep a detailed record of events leading up to and including your termination. Include dates, times, locations, and witnesses.
Gather Evidence. Collect any relevant emails, performance reviews, company policies, and other documents that support your case.
Review Your Employment Contract. If you have one, carefully review its terms to see if your termination violates any provisions.
Do Not Sign Anything Immediately. If offered a severance package, do not sign it without legal review. You have 21 days to consider any severance offer and 7 days to change your mind after signing.
File a Complaint. Depending on the nature of your termination, you may need to file a complaint with the EEOC or the California Department of Fair Employment and Housing (DFEH).
Consult an Attorney. Contact an experienced Orange County wrongful termination lawyer who can evaluate your case and advise you on the best course of action.

How to Prove Wrongful Termination

When moving forward with a wrongful termination complaint, it is important to understand the burden of proof. If the defendant was facing criminal charges, the burden of proof would be beyond a reasonable doubt as described under California Code, Penal Code – PEN § 1096. However, when you file a claim in civil court, the burden of proof is based on a preponderance of the evidence per California’s Civil Jury Instructions Resource Center’s Civil Plain English Comparison under BAJI 2.60. This means the evidence presented must be clear, convincing, and demonstrate to the jury that the defendant is likely responsible for the damages you suffered.

To prove your employer wrongfully terminated you, we must show one or more of the following:

You were terminated due to your classification as a protected status, such as your age, race, religion, or gender
Your employer knowingly and intentionally created a hostile work environment in an attempt to force you to quit
Your employer terminated you after you made a complaint or reported the company for a state or federal violation
You were terminated for discriminatory reasons

For your wrongful termination complaint to be successful, we must be able to show that any other reasonable person would not have been able to tolerate your work environment or that your employer was in violation of state or federal employment laws. It is also important to know that you must have reported your concerns to your supervisor, manager, or other person of authority.

Potential Compensation in Wrongful Termination Cases

If successful, a wrongful termination claim may result in several forms of compensation including:

Lost Wages. This includes the salary and benefits you would have earned if not for the wrongful termination, minus any earnings from new employment.
Lost Benefits. Compensation for lost health insurance, retirement contributions, and other benefits.
Emotional Distress. Damages for the psychological impact of the wrongful termination, such as anxiety or depression.
Punitive Damages. In rare cases of especially egregious employer behavior, additional damages may be awarded to punish the employer and deter similar conduct.
Attorney’s Fees. In some cases, the employer may be required to pay your legal fees.

Case Results

Workplace Retaliation Case

$2.95 Million Settlement – Confidential settlement for a manager fired for objecting to race discrimination the manager faced from co-workers.

Unpaid Overtime Case

$1.6 Million Settlement – Confidential settlement for a sales manager deprived of earned commissions and overtime wages.

Sexual Discrimination Case

$750,000 Settlement- Confidential settlement for a vice president subject to sex discrimination, including hundreds of thousands in unpaid bonuses paid to male peers.

Testimonials

“If you’re in need of an Employment Lawyer, I highly encourage you to at least speak with the team at Elite Employment Law and see what they can do to help you!”

“Sam and the entire team at Elite Employment Law are fantastic. I recently had a need for guidance and support in an employment-related case and spoke with several different firms and attorneys before deciding to work with Sam. His firm has a great set of support staff to help with intake and onboarding, making the process very smooth. For Sam’s part, he maintained active communication as the case progressed, and promptly replied to all my questions throughout.”

-Zachary C.

“Sam Nielson handled my wrongful termination and defamation claims with a skill and expertise that went beyond just the basics of law. He was excellent at coaching me through the process and managing my expectations every step of the way. None of this was fun, but I am very glad Sam was there to be my guide.”

-Bill B.

“Working with Elite Employment Law was a seamless experience. Their team was professional, efficient, and made the entire process simple. They kept me informed every step of the way and delivered outstanding results. I couldn’t be happier with the outcome and highly recommend their services!!”

-Adam B.

Areas Our Orange County Employment Lawyers Serve

We proudly serve the following neighborhoods in Orange County, CA:

Contact Our Orange County Wrongful Termination Lawyers Today

If you believe you have been wrongfully terminated in Orange County, do not face this challenging situation alone. Contact Elite Employment Law for a confidential consultation. We will review your case, explain your rights, and help you understand your options for seeking justice and compensation.

Remember, there are strict time limits for filing wrongful termination claims, so do not wait to seek help. Contact us today by phone or through our secured contact form to schedule your free initial consultation. At Elite Employment Law, we are dedicated to protecting your rights and helping you secure the justice and compensation you deserve.