California Wrongful Termination Law – All You Need to Know

Losing a job can be a stressful and overwhelming experience, especially if you believe your termination was unlawful. Understanding the reasons for wrongful termination in California can help determine whether your rights have been violated. If you suspect wrongful termination, consulting an experienced Los Angeles wrongful termination lawyer can provide clarity and guidance on your next steps.

What Is Wrongful Termination?

Wrongful termination in the state of California is whenever a person’s employment is terminated without an appropriate reason. If you have ever been fired, you will know that, sometimes, it can be tricky to discern whether or not your employer’s actions were justified. Certain protections exist to prevent employers from firing employees for illegal reasons, such as discrimination, retaliation, or contract violations.

Perhaps you have ongoing health issues that make it hard for you to come to work. Maybe you suspect that the reason behind your termination falls under the umbrella of discrimination. No matter what the cause, it is a wise idea to familiarize yourself with what can be done if you suspect you have been wrongfully laid off.

What Does “At-Will” Employment Mean?

The state of California is an “at-will” state in regard to employment, which basically means that employers are allowed to terminate your employment at will for almost any reason. While this may feel unfair and overwhelming, there are situations where this is not the case.

It is still possible that your being laid off does not fall under the legal umbrella of at-will employment. Certain contracts do not qualify for at-will termination, so it is important to learn the difference between what qualifies and what does not qualify as wrongful termination.

What Qualifies as Wrongful Termination in California?

While the world of wrongful termination in California can be complex, there are some clear examples of reasons you cannot legally be fired. Here are a few such examples:

• Discrimination: Discrimination can be based on race, gender, sex, age, disability, or religion. You deserve to go to work without worrying that you will be fired due to discrimination. If you suspect your employer of terminating your employment for this sort of reason, gather as much evidence as you can and contact a local wrongful termination lawyer right away. They will be able to help you build a case against your former employer.
• Retaliation: Retaliation for whistleblowing, standing up for your rights, and/or reporting harassment and/or illegal activities is not legal. You have a right to assist in the upholding of legal standards in your company. It is illegal for an employer to fire you for reporting sexual harassment, refusing to commit illegal acts, or demanding to be paid for your work.
• Disregard for the WARN Act: The WARN Act has been put in place to ensure that companies are required to report if there will be mass layoffs or the closing of the business and/or business location. If your employer lets a large group of people go or closes the company without warning, you are most likely a candidate for a wrongful termination case.

How Do I Fight Wrongful Termination in California?

If you have any reason to suspect that your employment has been wrongfully terminated, there are steps you can take in pursuit of recompense. The first thing you will want to do is to find a California wrongful termination lawyer. Lawyers often bring a level of experience and compassion that will help you through this process not only legally and administratively but also emotionally.

The next step is to gather all of the evidence you can. Evidence always makes for a stronger, more compelling case. Evidence can include emails, notes, pictures, witness accounts, police reports, and/or recordings of phone calls and exchanges.

The last steps basically boil down to filing a claim against your former employer. This is something with which a wrongful termination lawyer will assist you. If the claim is approved to move forward, you will progress to the mediation/settlement phase. If a settlement cannot be reached, the case will go to trial. No matter how far your case goes, you will always be more likely to benefit from a wrongful termination lawyer on your side.

FAQs About California Wrongful Termination Law

What Does Wrongful Termination Look Like?

Wrongful termination is when your employment is terminated for unlawful reasons. Here are some examples of wrongful termination in the state of California:

• Discriminatory reasons
• Blowing the whistle on any misconduct at the company
• Becoming pregnant
• Filing for worker’s compensation
• Refusing to work without being paid
• Cooperating in another employee’s lawsuits against the company
• Speaking out against workplace discrimination
• Reporting sexual harassment or a hostile work environment

Can You Be Fired From a Job Because of Health Issues?

Unfortunately, there are certain cases in which an employer is legally allowed to terminate your employment due to illness. This is not always the case, though, and your employer may be liable for damages if you are wrongfully terminated. Reach out to a local wrongful termination lawyer and ask them to help you discern whether you have a case or not.

What Does a Wrongful Termination Lawyer Charge in California?

The cost of a wrongful termination lawyer in California differs from case to case. The case’s level of complexity, the amount of time the case takes, and the lawyer you hire are all factors in the overall price of launching a wrongful termination case, though most work on a contingency fee basis. Park APC believes in making a case that is worth your time and money as we pursue your desired outcome.

What Are the Odds of Winning a Wrongful Termination Case in California?

The likelihood of winning a wrongful termination case in California is not an exact science. Oftentimes, cases will end during the settlement phase and not require a trial. Depending on what you want to get out of your case, you may feel different levels of success with your results.

Take the Next Step With Park APC

Pursuing a wrongful termination claim can be an overwhelming and confusing process, but you do not need to do it alone. Park APC is ready to help you build a compelling and thorough case while offering the emotional and legal support you need. Contact us today for a consultation.