Costa Mesa Wrongful Termination Lawyer

Costa Mesa Wrongful Termination Attorney

Working is a necessary part of life so that we can take care of not only ourselves but also our families. Working in tandem with this is the power of employees to help contribute to the success of California’s economy and infrastructure. This work, however, can be difficult and require long hours and, sometimes, terrible working conditions. This hard work may help with the success of the company, but the bottom dollar the employer sees often outweighs the sacrifices employees make to keep employers profitable. In some cases, employers may actively work against an employee’s success and push them out of work entirely.

Wrongful termination is a hardship that many Californians experience. Unfortunately, many do not fight back because they don’t know the extent of their employment rights or what options are available for them to take. At the Law Offices of Corbett H. Williams, our team is here to help. With our substantial history in representing our clients in a variety of employment law cases, we use our skill and experience to help our clients fight back against Costa Mesa, CA employers who try to take advantage of their right to work.

Wrongful Termination

California is an “at-will” state, which means that employers and employees can separate from one another at any time and for any reason. This can seem confusing because, if any reason is allowed, then there could be no wrongful termination. However, there are exceptions to this policy, particularly if the reason for terminating an employee is based on discriminatory factors. Unfortunately, there are many employers who will attempt to mask a termination under lawful reasons when there are, in fact, underlying discriminatory factors.

When employers hide their real reasoning, they highlight the confusing intricacies of wrongful termination in California. The law that protects employees is the Fair Employment and Housing Act (FEHA) and the California Government Code Sections 12900 – 12996, which explicitly highlights that an employee is protected from termination and retaliation by their employer based on protected characteristics. These types of characteristics include:

• Race, including characteristics that are historically associated with particular races, such as hairstyles or clothing styles
• Religion, including the practices of religion, observances, religious grooming, and dress specifically associated with religious beliefs
• Color
• National original, whether actual or perceived
• Any physical or mental disability
• Any health conditions
• Any factors concerning sex, gender, sexual orientation, or gender expression
• For those 40 years old or older, age
• Marital status
• Military service, including active duty or veteran designation

For wrongful termination to apply, you must be an employee of the workplace and not an independent contractor. You may qualify if you independently operate under the supervision or control of an employer. This can further complicate wrongful termination suits because employers may further try to mask their true intentions by misclassifying employees to protect themselves from the law.

Violations of Public Policy

In addition to being wrongfully fired because of violations against protected classifications, an employer may also be held accountable if they terminate the employment of an employee who chooses to exercise their right, duty, or obligation to protect public policies. Examples of this include:

• Being asked to perform a duty that violates a public statute and refusing to do so
• Performing a statutory obligation and being fired for doing so
• Exercising a statutory right or privilege
• Bringing attention to a potential breach of a statute of public importance

There are many ways that each of these scenarios can end, but a good example would be serving on jury duty after receiving a summons and then being fired for missing work. Another instance would be if your employer asks you to commit an act of fraud on their behalf, and you refuse to do so. These types of wrongful termination suits occur when the employee is seeking to protect the public and not their own interests.

Filing a Claim for Wrongful Termination

If you feel that you have been wrongfully terminated, you will want to first secure the help of an experienced and skilled attorney. They can help guide you through your case by examining the evidence and helping you determine your options. You will then need to decide with which agency you should file your wrongful termination claim.

You will then need to file a claim with the Equal Employment Opportunity Commission (EEOC). This federal agency handles the reporting, investigating, and enforcement of harassment or discrimination. Once the EEOC has been able to complete an investigation, they will make recommendations on the next steps you should take, and they may even recommend penalties against employers.

All employers in the U.S. are required to cooperate with any EEOC investigations and provide information if the agency requests it. Even though the EEOC is a federal agency, wrongful termination claims will also look into California’s state-level statutes, such as the California Family Rights Act. This is a state-level variation of the Family and Medical Leave Act.

If an employer is found to have committed a wrongful termination infraction, they will likely face significant financial damages. This could be because of litigation or through independent settlement. These financial damages may also turn into a negative mark on the company’s reputation.

Potential Awards for Damages in Wrongful Termination Claims

Employees may be entitled to a variety of damages in a wrongful termination claim. When an employee is terminated from a job, they not only lose important income for themselves and their families, but they may also lose a vital source of benefits that would otherwise involve out-of-pocket expenses. These lost wages and benefits may become part of the settlement that an employee may seek.

In addition to these damages, employees in California have the opportunity to seek damages for the emotional distress that comes with the wrongful termination.

Because of the high potential for financial damages, employers must be sure that they are adhering to the employment laws for both employers and employees. Sometimes, terminating employees is a matter of cost-effectiveness. However, even in an at-will state, the reasoning for terminating employment should be provided to the employee and explained clearly.

Why Hire a Wrongful Termination Attorney?

Whenever you are facing a legal matter, particularly one involving employment law, it is important to utilize the help of a trusted and experienced attorney. Employers often have the support of their own legal teams and insurance companies. They are looking out for the interests of their business and not the employees that help it run. That is why you need the support of someone who can look out for your rights and interests so that you can receive all that you may be entitled to.

When working with an employment lawyer, you can gain valuable assistance in the following areas:

• 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
• Independent inspection of the work location
• Filing motions for records requests
• Protection and representation through the litigation process, should it become necessary

While you may feel that you can handle some of these legal challenges on your own, the benefits of an attorney can save you time and help you recoup more of the financial losses that you may have suffered.

Wrongful Termination Lawyers FAQs

Q: What Is the Average Wrongful Termination Settlement in California?

A: Each wrongful termination claim has its own unique set of circumstances that could factor into the final settlement. As such, there is no standard settlement amount for these types of claims. On average, however, settlements can range between $10,000 and $100,000. It is wise to speak with your employment attorney about your case for an idea of how much you may be entitled to.

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

A: Yes, you are legally entitled to sue your employer in California for wrongful termination if you feel that you were terminated for a refusal to violate public policy. You can also file a claim if you believe that you were discriminated against because of a protected personal classification. Because California is an at-will state, you could otherwise be terminated for any reason.

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

A: If you think that you were wrongfully terminated, you should first speak with an employment lawyer who can help you review your case. If they are in agreement, work with them to file a formal claim with the EEOC, who will then begin an investigation into your claim and make recommendations. They could even penalize an employer.

Q: What Are Examples of Being Wrongfully Terminated?

A: Wrongful termination is reserved for those California workers who were terminated for one of two reasons. They either were discriminated against because of their race, religion, gender, marital status, or any other protected classification, or they refused to go against public policy, such as refusing to commit fraud, carrying out a public service, or other undue requests by their employer.

Costa Mesa Employment Lawyer

Employees are a vital part of the infrastructure in California. As such, you are protected by many rights that help you perform the duties of the job for which you were hired. Even though California is an at-will state, you should not have to work with the fear of termination because you refuse to complete a task that is immoral or against public policy or because of characteristics about who you are. At the Law Offices of Corbett H. Williams, our attorneys have the skills and experience to help fight for your rights if you experience a wrongful termination for either reason. If you feel that you have experienced wrongful termination, contact our offices today and let our attorneys review your case and help you recover the damages you may be entitled to.