Newport Beach Wrongful Termination Lawyer

If you believe you have been wrongfully terminated, the first step is understanding your rights under state and federal law. However, this alone can be daunting—even downright overwhelming—for someone with no legal training, especially when that person is already dealing with the serious stresses and material struggles of having recently lost their job. This is where we come in. A quality employment attorney can help you understand every step of the process and give you powerful, actionable legal advice so that you can navigate your wrongful termination suit successfully.

At the Law Offices of Corbett H. Williams, we have successfully handled wrongful termination cases for working Californians from all walks of life and across many different industries. We have the knowledge, skills, and legal tools necessary to get you the compensation you deserve. From our years of working closely with our clients, we understand that being wrongfully terminated is a stressful and frustrating experience that can leave you feeling alone and unheard. This is why we provide compassionate, personal attention to each of our clients and the unique circumstances of their case.

Steps If You Were Wrongfully Terminated in California

Losing a job unexpectedly can leave you feeling stunned, numb, and unmotivated, but if you believe you have been wrongfully terminated, please don’t wait to take action. While each case is different from the next, here are the basic steps you’ll want to take to protect yourself and hold your employer accountable for their illegal actions:

1. The Incident: You have been fired, and you believe this may constitute an illegal act by your employer.
2. The Immediate Aftermath: If there is any evidence readily available to you, collect it. This could include emails, screenshots, voicemails, and statements from co-workers or clients. If possible, be sure to keep a personal copy of any digital evidence that might be wiped out by your employer’s IT department once you leave the company.
3. Initial Consultation: It is strongly recommended to partner with a good employment attorney before filing your wrongful termination claim. Consult with an employment attorney who has a good reputation in your local area and who also focuses on employment and labor law, as this area can be quite complex and presents many unique challenges. An attorney who focuses on criminal defense or divorce, for example, may not be ideally suited to take on your wrongful termination case. During your initial consultation, the attorney can review the facts of your case and determine whether you have a viable claim. They should also be willing to openly discuss their fees and explain the next steps in the legal process. If you feel uncomfortable, pressured, or dissatisfied during the consultation, continue searching until you’ve found the right lawyer for you. The Law Offices of Corbett H. Williams offers compassionate representation for wronged workers throughout Orange County and beyond.
4. Investigation: Your attorney can now begin investigating the circumstances surrounding your termination. This may involve reviewing employment records, interviewing witnesses, and gathering other types of evidence to support your claim. Be sure to turn over any evidence you collected yourself in the immediate aftermath of the incident.
5. Negotiation: In many cases where an illegally fired employee sues their former employer, a settlement can be reached before the matter actually goes to trial. Your attorney can negotiate with your former employer and their legal team to reach a settlement that adequately compensates you for your lost wages and other damages. Bringing corporate lawyers to trial is expensive, and wrongful termination suits are bad publicity, so your former employer will be highly motivated to settle, and your lawyer can leverage this fact to your advantage.
6. Litigation: If a settlement cannot be reached, the case will go to trial. Your attorney can aggressively represent your rights in court and present all available evidence to support your claim of wrongful termination. This phase of the case can take several months, or sometimes even years, depending on the complexity of the case.
7. Appeal: If the case does not turn out in your favor, that does not necessarily mean the end of things. You and your attorney may be able to appeal the decision, as in any other legal matter, by requesting that a higher court review the case and potentially overturn the verdict. Appeals, like the initial trial, can be a lengthy and expensive process, but they offer a path to a second chance at a favorable outcome for the employee.

Remember, these steps will be different from case to case depending on the unique circumstances surrounding your termination. This is why, at the Law Offices of Corbett H. Williams, we take the time to listen to your story, dig into the details, answer your questions, and work with you collaboratively to develop a totally customized legal strategy that meets your needs.

State and federal laws offer you robust protections as a working Californian, and we are all supposed to be equal under the law. In reality, though, justice doesn’t simply happen. You must actively work for it. Remember, corporations and business owners have vast legal and financial resources at their disposal. For this reason, holding an abusive employer accountable often requires a smart legal strategy and a dedicated attorney to implement it.

Understanding Wrongful Termination in California

Wrongful termination can include any termination that is illegal, unlawful, or in violation of established public policy or industry regulations. A ubiquitous example of illegal termination would be someone getting fired for their race or gender, but there are many other protected characteristics for which you cannot be fired (including reporting previous illegal behaviors by your employer to the authorities).

Understanding the laws and regulations that protect workers in California is vital to protecting your rights. Unfortunately, understanding wrongful termination in California is not as simple as looking up a single law. Here are the key laws and regulations that define and govern wrongful termination in California:

• The federal Civil Rights Act of 1964 is often the legislation that comes to mind when people first think about what protections they have in the workplace. The Civil Rights Act famously bars employers from terminating employees based on their race, color, sex, national origin, or religious background.
• The Americans With Disabilities Act lays out a comprehensive package of protections for disabled Americans, several of which are specific to the workplace. The ADA prohibits employers from terminating employees based on their disability and requires them to provide reasonable accommodations.
• The Family and Medical Leave Act provides job protections for employees who need to take leave for protected family or medical reasons, such as a long-term hospital stay or having a new baby.
• The Age Discrimination in Employment Act specifically prohibits employers from terminating employees based on their age (so long as they are 40 or older).
• The California Business and Professions Code governs business operators in the state. It prohibits them from terminating employees for disclosing information about illegal activities to a government agency, an act known as whistleblowing.
• The California Fair Employment and Housing Act provides protections for employees (and those seeking housing) against discriminatory and retaliatory actions based on protected characteristics like race, gender, age, religion, and sexual orientation.
• The California Labor Code is a comprehensive collection of civil statutes that, when combined, create a comprehensive safety net for Californian workers.

Wrongful Termination Lawyer FAQs

Q: How Do I Defend Myself Against Wrongful Termination?

A: If you were wrongfully terminated, you must take quick and decisive action to defend your rights. Start by gathering any evidence you have access to that would support your claim, such as emails, performance reviews, or witness statements. Then, file a complaint with the California Department of Fair Employment and Housing or the Equal Employment Opportunity Commission. Perhaps most importantly, you will want to consider enlisting the services of a talented wrongful termination attorney who can guide you through the complicated legal process and seek the maximum amount of compensation available to you.

Q: Can I Collect Unemployment If I Am Fired in California?

A: It depends on the specific circumstances of your termination. In many cases, employees who are let go from a job in California will indeed be eligible for unemployment benefits. However, if you voluntarily quit a job without a valid reason, or if you are fired for some specific misconduct (and your employer can prove it), then you will not receive unemployment benefits.

Q: What Is the Highest Payout for Wrongful Termination?

A: There is no set cap for the highest possible payout for wrongful termination cases in California, as every case is different. Settlement amounts depend on a variety of factors, including:

• The severity of the wrongful termination
• The strength of the evidence
• The actual damages suffered by the employee

Settlements for wrongful termination can range from a few thousand dollars up to millions of dollars.

Q: Can You Get Punitive Damages for Wrongful Termination in California?

A: In California, it may sometimes be possible to receive punitive damages in a wrongful termination case. Punitive damages are court-ordered payments intended to punish the employer for especially heinous conduct, such as racial discrimination or retaliation for protected whistleblowing activities. Note that punitive damages are only applicable to certain situations and must be supported by clear and convincing evidence.

The Law Offices of Corbett H. Williams: Powerful Legal Solutions for Wrongfully Terminated Californians

Wrongful termination is a serious issue that can have significant consequences for a working person’s finances, career, reputation, and emotional health. If you believe that you have been illegally terminated or harassed at work in the Newport Beach area, you have the right to pursue legal action against your employer. In some cases, this can result in a significant financial settlement, allowing you to support yourself and your family while you rebuild your career. Contact our offices today for a no-pressure consultation.