How Is Wrongful Termination Defined in California?
Numerous laws legally protect you if you’re fired for any illegal reason in California. However, knowing what constitutes a wrongful termination case is another matter that you must fully discuss with your skilled California wrongful termination lawyer.
Under California law, wrongful termination refers to the unlawful dismissal of persons by their employer. Of course, there are many reasons an employee can be let go.
However, if that reason violates state or federal laws and is based on a form of discrimination such as age, disability, pregnancy, or more, you may have a valid reason to file a wrongful termination lawsuit against your employer. Therefore, if you’ve been terminated and feel that the underlying reasons were in any way discriminatory, a wrongful termination lawsuit may award you substantial compensation.
California labor law is particular in its discrimination laws, and any violation of these laws can lead to severe penalties to the employer and substantial compensation to you as the victim.
So, if you suspect you’ve been wrongfully terminated in California, you must seek the experienced, knowledgeable, and professional advice and guidance of an Oakland or San Francisco wrongful termination lawyer.
What Are Some Grounds for a Wrongful Termination Lawsuit?
Wrongful termination may exist if you are fired or laid off for improper or illegal reasons. In California, some of the most common grounds for wrongful termination claims and subsequent lawsuits are:
- Discrimination or for reporting any violations of FEHA regulations.
- Any activity that may have you labeled as a “whistleblower.”
- Contract violations perpetrated by your employer.
- Public policy violations that your employer has made.
- Firing for filing a valid workers’ compensation claim or reporting an injury at work.
- Taking leave from work you’re entitled to, or making a wage and hour complaint, and much more.
You must note, however, that California is an “at-will employment state.” This effectively means that your employers can commonly terminate you for any reason or no reason at all. Simply put, you don’t have to be fired “for cause.”
However, if an employer fires you for an unlawful reason, or you suspect that to be true, you have the right to file a suit for wrongful termination.
Let’s say you were fired for a reason that doesn’t “add up,” or no reasons are all. Your employer may simply be disguising the valid reason for your termination, such as acting as a whistleblower, discrimination, etc. This is where the expertise, knowledge, and skill of your San Francisco or Oakland wrongful termination lawyer will be invaluable.
They will comprehensively analyze your case’s specifics, including all the surrounding details. Their tenacity in proving your wrongful termination can get you significant compensation.
What Are Some of My Legal Options If I’m Wrongfully Terminated?
In California, employment discrimination and wrongful termination are certainly unethical but also against the law. However, is attempting to hold your employer responsible if you’ve been terminated worthwhile? Also, can you obtain justice if you do?
The answer to these difficult questions is a resounding yes; you can on both counts; however, professional, experienced representation is critical to your success.
California’s workplace discrimination and wrongful termination laws essentially serve three goals.
The first goal is to protect your career and possibly even a promotion. The second is to ensure that your employer is responsible for their illegal actions. The third goal is to prevent other employees and employers from making the same mistakes.
At the state and federal levels, numerous legal remedies are available for victims of employment discrimination and wrongful termination.
For example, the California Fair Employment and Housing Act (FEHA), the California Family Rights Act (CFRA), the Pregnancy Disability Leave Law (PDLL), and many more.
What Are Some Examples of Damages I Could Receive in a Wrongful Termination Lawsuit?
When an employee successfully proves wrongful termination in California, they may be entitled to recover damages when pursuing legal action. These damages typically fall into two main categories:
Economic Damages
- Receiving back pay – As the victim, you could receive any back pay you are due, including additional pay, bonuses, or other benefits your employer may have withheld.
- Depending on your case, you could receive front pay – The pay you would have received if you were not wrongly terminated from your job.
- If your employer’s discriminatory action resulted in wrongful termination or demotion – The California court could order that you be reinstated to your job.
- Loss of your benefits – As a wrongfully terminated employee, you could receive compensation for losing your health insurance, retirement benefits, and more.
- Added monetary awards – You can receive compensation for emotional distress, etc.
- Additional injunctive relief awarded by the court – Your award could include a court order to force your employer to reinstate, promote, or otherwise act in your best interests.
Non-Economic Damages
- Pain and Suffering, etc. – While this is less commonly awarded in wrongful termination cases, employees can sometimes, under the right circumstances, claim emotional distress damages. These types of damages often include compensation for humiliation and mental anguish caused by your harassment or wrongful termination.
- Punitive Damages – In cases of extreme misconduct by your former company, the court may also award punitive damages as a form of punishment or deterrent. These damages are usually substantial and are not based solely on the losses you incurred; the amount could far exceed that number.
However, you must be aware that many of these cases are legally complex but can afford significant compensation to you and your family and include other types of relief. To have the best legal chance of winning, the help of an experienced, empathetic, and knowledgeable wrongful termination law team is essential.
I Believe I’ve Been Wrongfully Terminated; How Should I Proceed?
First, you must be aware that in California, you have numerous legal options if you’ve been the victim of wrongful termination. Therefore, if you suspect that you’ve been fired under unethical or illegal circumstances, you must consult an experienced wrongful termination lawyer who will analyze and assess your case thoroughly.
Your skilled and well-versed wrongful termination lawyer will evaluate your entire situation and provide you with the best legal options for restitution under California and federal law.
The honest and aggressive wrongful termination lawyers at Geonetta & Frucht, LLP, have an extensive and award-winning history of successfully representing San Francisco and California clients in navigating and winning these challenging cases.
Call them today for a free consultation on your case at 415-237-1212, and they will begin immediately to get you and your family the compensation you rightfully deserve.
