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.
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.
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.