In this article, you can discover…
- How wrongful termination is defined in California.
- Frequent signs of wrongful termination.
- Understanding compensation in a wrongful termination case.
What Is The Legal Definition Of Wrongful Termination In California?
Wrongful termination in California occurs when you are fired by an employer for reasons that violate state or federal laws. Such reasons may include discrimination based on race, religion, age, sexual orientation, disability, or pregnancy and are a violation of public policy.
Your first step if you suspect that you have been wrongfully fired or terminated from your job is to file a complaint with the Department of Fair Employment and Housing, after which you can file a lawsuit against your former employer with the help of an attorney.
Can Wrongful Termination Occur Without Direct Evidence Of Discrimination?
Yes. Various types of wrongful termination may occur where you are illegally terminated not due to discrimination but to activities at work that should be protected.
These can include…
- Whistleblower activities
- Pointing out contract or public policy violations by your employer
- Filing a workers’ compensation or personal injury claim
- Taking an employee leave
- Complaining about hourly wages.
What Are Common Types Of Wrongful Termination Cases?
The most common types of wrongful termination cases that we see are linked to potential discrimination over race, sex, or age and whistleblower activities.
Often, employers will argue that you were fired for reasons unrelated to discrimination, finding petty faults with your work as an excuse to let you go in order to avoid a clear public policy violation.
Many clients also find themselves wrongfully terminated when they’re unable to work previous hours or tasks due to a personal or workplace injury.
Attorney Kevin Levian is a hard-working, caring wrongful termination lawyer serving California. For over 20 years, he’s helped wrongfully terminated workers just like you fight for damages, dignity, and justice in our great State.
Have questions about your termination, discrimination, and a possible suit? You don’t have to fight alone. Contact Levian Law at (888) 694-8869 for a free initial consultation today.
What Steps Should I Take If I Suspect I’ve Been Wrongfully Terminated?
Immediately reach out to an attorney. A skilled wrongful termination lawyer can help you draft a letter to formally complain about your unlawful termination and file this initial legal complaint with the State of California.
Be sure to gather evidence that can be linked to your wrongful termination. This can include…
- Emails
- Workplace documents
- Memos
- Text messages from an employer
- Any other pieces of evidence that can help prove wrongful termination.
Let your attorney know of any witnesses who can corroborate your wrongful termination claim. Your attorney can then reach out to them for witness statements related to overheard conversations, unlawful disciplinary meetings, and other events.
What Factors Affect Compensation In A Wrongful Termination Lawsuit?
The type of industry you are in and the size of your employer will make a difference. If you’ve been fired from a large, successful corporation with ample insurance, your case will generally be worth more than if you were unlawfully let go from a small, local business.
The wages you were earning at the time of your termination will also play a role, as higher wages will often command higher compensation during a lawsuit. Whether or not you received back pay after being terminated and the loss of income after termination can also be considered when seeking damages.
Emotional distress will play a key role in compensation. Be sure to let your attorney know of any emotional impacts from the discrimination and termination. Did you see a psychiatrist, for example? Were there medical damages that you incurred?
Finally, every client in California should understand that in this State, attorney’s fees for wrongful termination suits are paid by your former employer. You won’t be paying anything out of pocket, making it much less daunting for you to file and begin the legal process.
What Is Constructive Termination, And Can I File A Lawsuit Over It?
Constructive termination occurs when an employer’s adverse conduct effectively forces you to resign. This can happen due to an excessively stressful or demanding job that breaks the limits of what a typical competent, diligent, and reasonable employee would be able to handle psychologically and physically.
This stress may be caused by workload, employer behavior, excessive demands, unreasonable work hours, bullying, or any other employer patterns of behavior that make it impossible for you to continue working.
When you quit a job like this, your resignation was not voluntary.
Employer behavior that causes psychological or physical damage to a worker is illegal in California. If you were forced to leave a job due to a cruel, unreasonable, or adverse work environment, you may be entitled to damages; Levian Law can review your case and assist you in filing a suit.
Will Filing A Wrongful Termination Claim Hurt My Career?
You may be worried about retaliation or future job prospects after filing a wrongful termination claim. But when you have a viable reason, filing is the responsible thing to do, and your rights as an employee deserve to be protected.
Many clients can be nervous about the ramifications of their complaints becoming public. In light of this, my first step as an attorney is to draft a demand letter and send it out to your former employer. This helps keep that matter confidential between us and them.
Levian Law has settled many, many cases under the table without anyone knowing, especially sexual harassment cases. Many employers have felt too embarrassed to bring these matters out in public, and this can help keep your claims process efficient and financially beneficial while respecting your privacy.
For more information on Understanding Wrongful Termination In California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (888) 694-8869 today.
Attorney Kevin Levian is a hard-working, caring wrongful termination lawyer serving California. For over 20 years, he’s helped wrongfully terminated workers just like you fight for damages, dignity, and justice in our great State.
Have questions about your termination, discrimination, and a possible suit? You don’t have to fight alone. Contact Levian Law at (888) 694-8869 for a free initial consultation today.
