Irvine Wrongful Termination Lawyer

Losing your job puts you in an emotionally and financially difficult place. Employees depend on jobs to take care of themselves and their families. A job termination can be made even more difficult if you feel the termination was unjust or illegal. Though California law does make it easy for employers to fire employees for no reason, that doesn’t mean you can be fired because of discriminatory biases or as a retaliatory action.

Working with an employment attorney gives you a better chance of succeeding in your claim and gaining compensation for your losses. An attorney can help determine if your circumstances are considered wrongful termination and what legal steps are ideal for your situation. Even if your termination wasn’t illegal, an attorney may be able to identify other employment violations that could earn you compensation, like wage and hour violations or unpaid overtime. You have the right to file for compensation if your termination occurred because of these or another unlawful reason.

The Law Offices of Corbett H. Williams: Experienced Orange County Employment Attorneys

The financial instability and uncertainty of termination are difficult, making it hard to file a claim. Working with a skilled employment attorney can make this process easier and may even increase your monetary compensation. The Law Offices of Corbett H. Williams has extensive experience with employment and wrongful termination cases. We understand the legal intricacies of these cases and how to handle employers who hide their illegal actions. We can assist you with filing your claim and gathering evidence to prove your employer fired you for illegal reasons. We want to help you get what you deserve.

What Is Wrongful Termination?

California is an at-will employment state, which means that employees and employers can end the employee-employer relationship at any time without stating a cause. These laws end up protecting employers more than they protect employees, and employees see less job security because of it. However, employers are not allowed to fire their employees for illegal reasons. It is illegal for an employer to terminate your employment because of discrimination or as a result of retaliation.

Wrongful Termination As Discrimination

Under state and federal law, employees are protected from discriminatory behaviors in the workplace. Wrongful termination is one way an employer may negatively impact your employment because of their discriminatory biases. The law protects certain characteristics from discrimination in the workplace, including:

• Race
• Sex
• Gender
• Skin color
• Ethnicity
• Disability
• Gender identity
• Gender expression
• Sexual orientation
• Marital status
• Ancestry
• Language
• Age
• Religion
• Medical conditions
• Pregnancy
• Childbirth
• Veteran status

You have a workplace discrimination claim if an employer takes adverse employment actions against you because of these characteristics. Wrongful termination is an adverse action.

A skilled attorney can help you find evidence of an employer’s discriminatory behavior or prove that their stated reason for your firing was inaccurate. When an employer terminates your employment because of a discriminatory bias, they will likely disguise this reasoning. They may state that your job performance was unsatisfactory, making a wrongful termination claim seem impossible.

Though dealing with wrongful termination because of discrimination can be overwhelming and frustrating, you must document as much evidence as possible and begin to work with an attorney. You can prove that you were discriminated against, receive compensation, and will deter your employer from repeating discriminatory behaviors with other employees.

Wrongful Termination in Retaliation

Employees are also protected from retaliatory termination for actions such as filing a claim or reporting illegal behavior. You have a retaliation claim if you exercised legal rights and your employer took adverse employment actions against you, including terminating your employment. Legal rights include:

• Taking medical or family leave through the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA)
• Filing a workers’ compensation claim for a workplace injury
• Filing a claim for wage and hour violations
• Filing a claim for workplace discrimination
• Whistleblowing or reporting illegal workplace conduct to relevant persons or agencies
• Opposing or reporting violations of the law like discrimination, harassment, unsafe working conditions, or wage and hour violations
• Joining a labor union or working with a union

You can file a claim and get the compensation you deserve if you believe an employer fired you in response to a legal right you exercised.

Why Do I Need a Wrongful Termination Lawyer?

Filing for a wrongful termination claim first requires a filed complaint with the Equal Employment Opportunity Commission (EEOC). Both a complaint and a claim require evidence to be gathered and accurate information provided before certain legal deadlines. Mistakes during this process can lead to the denial of your complaint, and you will lose the opportunity to pursue compensation.

When an attorney handles your case, your complaint and claim have the greatest chance of success and will have strong legal representation in negotiation or other legal actions. When you work with an attorney, they can handle much of this process and ensure it’s done according to necessary deadlines. Employment attorneys also have access to more resources, meaning they can gather essential evidence that you can’t.

Mixed-Motive Termination

Wrongful termination isn’t always straightforward. Sometimes, an employer may have legal and illegal reasons to terminate your employment. Many employees may think they don’t have a valid claim because an employer offers a valid reason for termination while also enacting the adverse action in retaliation. However, if the main reason for termination was illegal, like retaliation or discrimination, then it is considered wrongful termination. Determining whether the reason is substantial or not requires an experienced attorney.

Constructive Termination

A constructive termination is a form of wrongful termination where your employer seeks to make your job so unpleasant that you are forced to quit. This is done to prevent you from filing a claim for wrongful termination because they believe they can claim it was the employee’s choice. However, employees can often still file for wrongful termination, as intolerable actions force them out of work. In order to win a constructive termination claim, an employee must prove that:

• The working conditions were particularly unpleasant, worse than typical job stress, and would have caused any reasonable person to quit.
• The employer had knowledge of the unpleasant conditions and either permitted them or intentionally failed to do anything to stop the conditions.
• The employer had no right to terminate your employment under the law.

Constructive termination claims sometimes are filed alongside other workplace claims, such as discrimination or sexual harassment claims.

Damages in a Wrongful Termination Claim

The compensation you could earn from a successful claim includes the following:

• Back pay and benefits
• Lost income
• Emotional distress
• Attorney’s fees
• Punitive damages

Punitive damages are rare and are assigned to punish an employer for their actions. An attorney will be able to review your claim and determine what damages you are likely to receive.

Employment Law FAQs

Q: What Is the Average Payout for Wrongful Termination in California?

A: Many wrongful termination claims are settled outside of court; therefore, the settlement amount is not public knowledge. When you discuss your claim with an attorney, they can determine what the likely outcome is and what you may be able to expect from a settlement. Many factors influence how much you may receive in wrongful termination claims, including your pay rate before termination, your emotional distress level, and whether you are awarded punitive damages.

Q: Can I Sue My Employer for Wrongful Termination in California?

A: If your employer fired you for an illegal reason, then you may be able to sue them. However, you first must file a complaint with the EEOC to gain the Right to Sue. California’s at-will employment means that you or your employer can terminate your employment for any reason at any time. They cannot, however, terminate your employment because of discriminatory reasons or in retaliation for you exercising a legal right.

Q: Is It Difficult To Prove Wrongful Termination?

A: To prove wrongful termination, you must be able to prove that the reason for your termination was illegal. You can show that an alternate reason provided for your termination was incorrect or show that discriminatory or retaliatory actions caused you to be fired. With assistance from a skilled attorney, this is much easier. Employment attorneys have the necessary resources to find evidence to support your claim, from both direct and indirect evidence such as internal communication or witness testimony.

Q: How Do I File a Wrongful Termination Claim in California?

A: You can file a complaint with the EEOC or the California Civil Rights Department (CRD). An attorney can help you determine if one or both agencies are ideal for your situation. The agency will review the evidence and information presented and decide whether to file a claim against your employer itself or provide you with a Right to Sue notice. This allows you to file a claim against your employer without the agency’s assistance. An agency is likely to investigate itself if it receives multiple complaints about one employer.

Your Irvine Employment Attorneys

When you feel you’ve suffered from wrongful termination, it is essential that you protect your employee rights. The Law Offices of Corbett H. Williams want to provide you with the individualized and experienced legal counsel that you need. Contact us today to see how we can assist with your claim.