Laguna Beach Wrongful Termination Attorney

Working is the right of everyone that lives in Laguna, California. This right to work allows you to provide for not only yourself but your family as well. In addition, employees are a vital part of the California economy and infrastructure. The state statutes protect employees in order to ensure they are subjected to fair working conditions. Unfortunately, not all employers abide by these statutes. Whether it is to increase profits or for other reasons, often, the employees that help create successful companies are taken advantage of, and their hard work is overlooked. This creates a path that employers may use to ultimately push the employee out of work altogether.

Employment law can be difficult and confusing to many employees, but knowing the laws can help protect your rights and hold your employer accountable if they try to exploit that law. No more true is this than in cases of wrongful termination. At the Law Offices of Corbett H. Williams, our attorneys have seen employees become victims of wrongful termination. Employers may try to mask the violations for legal reasons, which is why our team seeks to protect employees and help them stand up to such practices.

Wrongful Termination

Wrongful termination in California can be confusing because employment in the state is “at-will.” This means that an employer or an employee may terminate their job at any time and for any reason without any notice. However, this policy falsely leads employees to believe wrongful termination does not exist and provides a path for employers to take advantage of their workers. While separating employment can happen for a number of reasons, it cannot happen because of discriminatory or retaliatory practices. Unfortunately, for many who are victims of such violations, employers will use legal reasons to hide the illegal practice.

Wrongful termination is a part of the Fair Employment and Housing Act protections alongside California statutes 12900 – 12996. These protect employees from wrongful termination and retaliation based on discrimination. Under these policies, an employer may not discriminate against an employee based on any protected characteristics. Examples of these characteristics include:

• Any perceived or assumed associations with a particular race
• Any perceived or assumed practices, customs, or traditions that are associated with a person’s religion
• Skin color
• Any perceived or assumed national origin
• Any physical or mental disabilities
• Health Conditions
• Gender, gender identity, sexual orientation, gender expression
• Age, if the employee is over the age of 40
• Marital status
• Any active duty, veteran designation, or other classification for military service

These characteristics, and others like them, may never be a part of a performance review, a reason for employment, or a reason for termination. Those types of practices are illegal for any employer. However, to receive these protections, an employee must be considered an employee of the company in question and may not be classified as an independent contractor. The classification is important, and employers who are aware of that may attempt to misclassify employees in order to prevent these protections. However, if an independent contractor reports to or operates under the supervision of an employer, they are then protected as well.

Violations of Public Policy

Wrongful termination can also occur if an employee refuses to, or reports a violation by their employer, to go against public policy and is thereby retaliated against. Employees have a right, duty, and privilege to protect the public and public policies from harmful practices. When an employee speaks up and is subsequently terminated from employment, they may be a victim of wrongful termination. Examples of public policy include:

• Asking an employee to act against public policy or statute and the employee refusing to do so
• Performing an obligation required by state statutes and then being fired as a result
• Exercising a right or privilege granted by state statute
• An employee bringing attention to a potential breach in state statutes considered of public importance

Many employees participate in public policy decisions regularly but may not be aware of it. Examples of public policies include obligations such as jury duty. If you receive a summons to report to jury duty, causing you to miss work, and you are subsequently terminated because of that absence, your employer has violated public policy, and you may be able to therefore file a claim of wrongful termination. Another example may be if your employer asks you to engage in a form of fraud to protect them or the company, and you refuse to. These retaliatory practices are illegal and may be grounds for wrongful termination.

Filing a Wrongful Termination Claim

Filing a wrongful termination claim first begins with reviewing the details of your case with an Orange County employment lawyer, like the ones at the Law Offices of Corbett H. Williams. An employment attorney that has knowledge of employment law and experience in representing clients who are victims of violations can help determine the course of action that you should take. If your attorney feels there is enough evidence, they will recommend the next steps, which will be to file the claim.

The claim will first be filed with the Equal Employment Opportunities Commission (EEOC). This federal agency is responsible for investigating, reviewing, and making recommendations on potential wrongful termination violations as well as in other areas of employment law that are specific to harassment or discrimination. Employers in the U.S. are required to comply with investigations by the EEOC as a part of conducting business. Once the EEOC investigation is complete, it will make recommendations that may include penalties against the employer.

Penalties that employers suffer because of employment law violations can be substantial and have a large impact on the finances of the company. In addition to these penalties, your attorney may also recommend state action based on the California Family Rights Act, which functions similarly to the Family and Medical Leave Act.

Possible Damage Awards for Wrongful Termination

Damages awarded in successful wrongful termination cases can be significant against the employer. When you are illegally fired from your job, you not only lose out on valuable wages that can help you and your family, but you potentially lose out on benefits, and you may suffer from emotional hardships. You may be unable to find new employment immediately, and that can leave you and your family in financial hardship. All of these can be a part of the damages sought in a wrongful termination claim.

Holding your employer accountable for such circumstances is your right as an employee in California. Your attorney can help you understand what damages you may be able to seek and how much those damages may be worth.

Benefits of a Wrongful Termination Attorney

Anytime you are facing a legal matter, it is recommended that you work with an attorney familiar with that type of law. This is particularly true in cases of employment law where your employer will likely utilize a team of professionals who bring vast experience but are ultimately looking out for the interests of the company. When you work with an employment law attorney for wrongful termination claims, you gain valuable benefits such as:

• Filing the claim with the EEOC
• Investigating your claim to prepare your filing on your behalf
• Interviewing potential witnesses, gathering statements, and exploring evidence
• Filing motions on your behalf for records requests
• Protecting and representing you throughout the claims process, including during any negotiation, mediation, or litigation

Hiring an attorney may seem difficult, particularly if you are out of work. You may also be able to handle much of what an attorney can do on your own as a way to try and save money; however, an attorney can ensure you do not overlook any facets of your claim. They can often help you maximize the damages you are seeking to be sure you are holding your employer fully accountable.

FAQs

Q: How Long Can You Sue for Wrongful Termination in CA?

A: Timelines in employment law are vital for employees who seek to hold their employer accountable. In cases of wrongful termination, a claim must be filed within two years of the termination date. If the claim is filed after two years, regardless of when the evidence is discovered, employees will lose the opportunity to file.

Q: Can I Be Fired Without a Written Warning?

A: California is an “at-will” state which means that an employer or employee may discontinue employment at any time and for any reason without warning. California does not require advance notice of a potential firing; however, that termination must be based on legal facts and not illegal practices, policies, or actions.

Q: What Are Some Examples of Unlawful Termination?

A: Wrongful termination in California can be difficult to recognize because employers that are familiar with the law may try to mask their illegal actions for legal reasons. However, if you are fired because of a protected characteristic such as your race, gender, religion, and more, or because you chose not to violate a public policy, you have a right to file a claim for wrongful termination.

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

A: If you file a claim for wrongful termination in California, you may be entitled to certain damages. Because your employer illegally fired you, they impacted your income, benefits, and potentially caused you emotional distress. You have a right to seek damages for these, and your attorney will help you understand the amount to which you may be able to seek.

Laguna Beach Wrongful Termination Attorney

You have the right to work in order to provide for yourself and your family. However, you also have a right to be protected against discrimination and retaliation by your employer based on your protected characteristics and your right to protect public policy. If you feel you have been illegally terminated because of violations by your employer, contact the Law Offices of Corbett H. Williams. Our employment attorneys have extensive experience in helping our clients recover damages they may be owed while holding employers accountable. California prides itself on protecting the rights of employees. Let us be a part of that team.