Anaheim Wrongful Termination Lawyer

Employees in California are a vital part of the state’s infrastructure. They keep the economy moving forward and provide valuable services to the businesses they work for and their customers. As compensation for their value, employees earn a wage that they use to support themselves and their families. Unfortunately, many employees may experience employers who do not value their rights as workers and seek only to sustain their bottom dollar. This could mean cutting costs, cutting corners, and, ultimately, cutting employees. These terminations, however, are not always legally done.

Wrongful termination is an unfortunate part of working in any industry. Not every employer has the interests of their employees in mind. While they may create a legal rationale to do so, employees could be fired due to discriminatory or unethical choices by their employer. At the Law Offices of Corbett H. Williams, our team has extensive experience with fighting back against such practices on behalf of our Anaheim, CA clients.

Wrongful Termination

Many employers and employees know California to be an at-will state. That means that employees have a legal right to work, but they also may leave the job for any reason at any time. Employers may also release employees from employment in the same way. Because of this policy, understanding wrongful termination can be difficult, since it may seem like every type of employment termination is legal. However, if an employer terminates an employee based on discriminatory factors, or for refusing to violate a public policy, they could be held legally and financially responsible.

In cases of wrongful termination, it is often uncovered that an employer attempted to hide the true rationale for the firing because they knew that it was not legal. Employees are protected in California under the Fair Employment and Housing Act (FEHA) as well as the California Government Code Sections 12900 – 12996. These two legal avenues specifically identify the protections that employees have against retaliation and termination based on protected characteristics, such as:

• Race, including characteristics that are often associated with certain races, such as clothing and hairstyles
• Religion, including religious practices, observances, grooming, and dress
• Color
• Actual or perceived national origin
• Any mental or physical disability
• Any health conditions
• Any factors concerning sex, sexual orientation, gender, or gender expression
• Age, for those who are at least 40 years old
• Marital status
• Active-duty or veteran military service members

For a wrongful termination claim to move forward, the discriminatory act must have occurred while you were an employee of the business. You cannot file a claim if you are an independent contractor unless you are specifically under the supervision or evaluation of an employer. This can lead to another violation of employment law, in which an employer purposely misclassified your employment to protect themselves from legal action.

Violations of Public Policy

Another type of wrongful termination occurs when an employee refuses to violate public policy. In essence, this is when an employee chooses to act and behave in a way that protects the public from harm caused by the employer or when an employee chooses to engage in a public duty. Examples of public policy include:

• Refusing to perform a duty that violates a public statute
• Being fired for performing a public obligation
• Exercising a statutory privilege or right
• Discovering a potential breach of a statute of public importance and bringing attention to it

These types of violations are more common than employees may realize. A good example that highlights public policy violations is when an employee is summoned for jury duty, exercises their obligation to do so, and is subsequently fired because they missed work. Another example may be if your employer asks you to commit an act of fraud, such as falsifying a document, and you refuse. Subsequently, if you are fired, it could be because of the refusal, which is against public policy.

Filing a Claim for Wrongful Termination

If you were terminated due to either of the situations described, it is important for you to take immediate action. This can be difficult because your focus may be on finding new employment. However, recovering the damages that you are owed can help alleviate the stress during that transitional time. Your first step should be to secure the services of an experienced employment attorney.

After reviewing your case, your attorney can help you determine if you should file a claim with the Equal Employment Opportunity Commission (EEOC). This is the federal agency that helps enforce, investigate, and report on potential employment violations, such as harassment or discrimination. Upon the completion of an investigation, the EEOC will make recommendations for what you should do next and for any potential penalties against the employer.

If an employer receives a request from the EEOC, they are required to respond to such investigations. Failure to do so could result in penalties against them. While the EEOC is a federal agency, they also look to protect the state laws of California, such as the California Family Rights Act, which functions similarly to the Family and Medical Leave Act.

If a violation has occurred, there will likely be a recommendation for damages, which could be significant. In many cases, the employer will seek to settle out of court with the employee. However, your case may end up in litigation if an agreement cannot be reached.

Potential Awards for Damages in Wrongful Termination Cases

Wrongful termination claims entitle an employee to seek damages that they may have incurred as a result of lost wages, benefits, and even emotional distress as part of the final settlement. Which damages you may qualify for, and the amount involved, is ideally discussed with your attorney, who can guide you through the filing process and legal journey toward settlement.

Because of the high costs associated with legal employment matters, many businesses look for ways to protect themselves. To do this, they will attempt to mask the true reasons for termination in another part of the employee’s performance. If you are terminated from employment, you should ensure that you receive a thorough explanation regarding the termination. Employers should be willing to provide this, as it is a form of protection for themselves.

Why Hire a Wrongful Termination Attorney?

When you are terminated from employment, your first thought may be on how to financially protect yourself, and hiring an attorney may not seem like a way to do that. While you may be able to face a wrongful termination claim without the help of a legal professional, you should seek assistance, as it could save you more time and money in the long term. Wrongful termination claims can be time-consuming and distract you from seeking to obtain new employment. Because of this, an employment attorney can help in the following ways:

• Navigating and filing your claim with the EEOC
• Assistance in completing all necessary documentation for your filing
• Gathering appropriate evidence and witness statements to help support your claim
• Independently inspecting the work location
• Filing motions for records requests
• Protection and representation through the litigation process should it become necessary

Don’t let the potential cost of an attorney stop you from fighting for what you may already be entitled to.

FAQs

Q: How Much Is a Wrongful Termination Case Worth in California?

A: The value of any legal claim, such as wrongful termination, will be based on the details of that claim. With each being different, there is no way to determine what yours may be worth. When you speak to an employment attorney, you should review the facts and details and let them guide you. On average, however, you may recover between $10,000 and $100,000.

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

A: Even though California is considered an at-will state, employees have the right to seek unemployment if the grounds for termination are not based on misconduct. If you disagree with the officially provided reason for why you were fired, you can file an appeal that can challenge your employer’s reasoning, which can potentially help you receive unemployment.

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

A: Statutes of limitations are put in place to not only protect the person filing but also the entity which they are filing against. For wrongful termination, you must file a claim within two years of the termination date. Once two years have passed, you lose the right to file a claim against your former employer. It is wise to speak with an employment attorney as soon as you suspect that you may have been wrongfully terminated.

Q: What Qualifies as Wrongful Termination in California?

A: Wrongful termination claims are filed when an employee feels that their employment was terminated based on discrimination or because they refused to violate a public policy. Employers may try to mask wrongful terminations with other legal grounds. However, an attorney can help review your case to help determine if you were wrongfully terminated.

Anaheim Employment Lawyer

California loves employees and grants them many rights to help them make a living for themselves and their families. As such, they are protected from many employer policies that seek to take advantage of workers. If your employment rights have been violated, then you should seek the counsel of an experienced and skilled employment attorney at the Law Offices of Corbett H. Williams. We have years of experience in helping employees fight for their rights. We take the time to review the details of each case to provide our clients with the service and representation their case deserves. Contact our offices today and find out how our team can help you with your wrongful termination claim.