Huntington Beach Wrongful Termination Attorney

Employees in California are not only essential for themselves and their families, but they are essential to keeping the state’s economy and infrastructure intact. Employees, however, are sometimes subjected to difficult working conditions, asked to work long hours, and complete difficult tasks. While the success of the company for which they work may reap the benefits, the sacrifice of the employees who made it happen is often overlooked. Because employers are looking for ways to continuously increase their profit margins, employees may find they are taken advantage of and unfairly pushed out of the companies they helped make successful.

No matter the rights the state puts in place to protect its workforce, some employees may find they are victims of wrongful termination. Employment laws can be difficult and confusing, which makes it easy for employers to exploit the law. When employers take advantage of their workers, the team at the Law Office of Corbett H. Williams uses our history of representing employees to help them stand up to their employers and protect their rights in Huntington Beach, CA.

Wrongful Termination

As an “at-will” state, California employers and employees can agree to terminate employment at any time and for almost any reason. However, this can create a confusing precedent for wrongful termination. When a termination is based on discriminatory or retaliatory behaviors, an employer can be held accountable. Unfortunately, many employers disguise wrongful terminations within lawful reasons to protect themselves from a legal claim.

The Fair Employment and Housing Act (FEHA), in conjunction with the California Government Code 12900 – 12996, protects employees from both wrongful termination and retaliation from their employers, specifically as they relate to discriminatory practices against an employee’s protected characteristics. These characteristics include:

• Race, including discrimination for clothing or hairstyles that are historically associated with particular races
• Religion, including discrimination against grooming practices, clothing styles, observances, or other practices that are associated with that religion
• Color
• Either perceived or actual national origin
• Either mental or physical 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 that are similar are never a basis for performance reviews, hiring, or termination of any kind at any employer throughout the state. In order to receive protections for these against wrongful termination, you must be an employee of the business and not an independent contractor. However, if you are an independent contractor who operates under the supervision or control of the employer, you could qualify if terminated for any of the above reasons. This can create further complications as employers that are familiar with the law may attempt to misclassify an employee in order to avoid such claims.

Violations of Public Policy

Another form of wrongful termination can come as retaliation. This can happen when an employee enacts their right, privilege, and duty to protect public policies. This entails an employee speaking up regarding violations of their employer, resulting in a subsequent termination. Examples 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

These scenarios each look different and can manifest in several ways. However, a good example of public policy is when an employee is notified of jury duty and subsequently misses work to serve their public duty. If their employer subsequently terminates the employee, it could be viewed as a violation of public policy. Another instance would be an employer asking you to commit an act of fraud on their behalf, and you refuse to do so. In these instances, employees are protecting the public, whether through performing a duty or refusing to harm the public, and are punished as a result. This retaliation could result in wrongful termination.

Filing a Wrongful Termination Claim

The first step in any potential wrongful termination is to seek the counsel of an experienced and skilled attorney, like those at the Law Offices of Corbett H. Williams. By examining the facts surrounding your employment and resulting firing, we can help you understand what options you have and what next steps you should consider. If it is determined that there is enough evidence to show you were wrongfully terminated, we will help you take the steps to file your claim.

Filing your claim begins with the reporting agencies that will review your case. All employers in the United States are required to cooperate with the Equal Employment Opportunities Commission (EEOC), which is a federal agency responsible for reporting, investigating, and enforcement of workplace harassment and discrimination. In addition, you may file a claim with the state under the guidelines of statutes such as the California Family Rights Act, which functions similarly to the Family and Medical Leave Act.

The EEOC claim will initiate an investigation that will review the facts, circumstances, and evidence of your case to determine if a violation has been made. Depending on the outcome of the investigation, they may recommend the next steps that you and your attorney should take, and they may estimate financial penalties that your employer is responsible for. These penalties are often significant and hurt not only the pockets of your employer but also their reputation.

Possible Damage Awards for Wrongful Termination

If you are able to prove your wrongful termination case, you may be entitled to certain compensation. When you are wrongfully terminated, you lose out on income that you and your family depend on for day-to-day needs. You may not be able to find a new job immediately, and that can cause significant financial hardship. In addition to the lost income, you may also lose out on health or insurance benefits as well.

Lost income, lost benefits, and emotional hardship are all damages that an employee filing a wrongful termination claim can seek. Some wrongful termination violations are because an employer is seeking to save money; however, the cost of these claims can have significant impacts on their business finances. Employers have an obligation to uphold California employment law, and employees have a right to hold them accountable for it.

Benefits of a Wrongful Termination Lawyer

Any legal matter you may face should be handled with the help of an experienced and skilled attorney. This is particularly true in employment law, where employers will try and mask their violations inside of legal reasoning. Many employers have a legal team that can help advise them and look out for the interests of the company. Employees are thereby encouraged to seek their own legal advice to ensure they are protected.

Employment law attorneys can provide many benefits, including:

• 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

While you may feel you are able to accomplish these independently in order to save money, particularly while you may be out of work, an attorney’s experience provides a tool to save time and money. Your attorney could help you recoup additional funds that you may have otherwise overlooked.

FAQs

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

A: Every wrongful termination claim is different and has its set of mitigating circumstances. The settlement you will receive will be dependent on the findings of the claim. However, average settlements range between $10,000 and $100,000. When speaking with your attorney, they can help to provide insight into the potential damages that you could receive if your claim is successful.

Q: Can You Sue for Wrongful Termination in California?

A: Even though California is an “at-will” state, you have a legal right to sue your employer if you feel they have terminated your employment on the basis of discrimination or retaliation. Generally, California allows employees and employers to separate for any reason; however, that reason cannot be grounded in discrimination against protected characteristics or because you refuse to violate public policy.

Q: What Are My Rights if I Get Fired in California?

A: If you feel your termination was based on illegal reasons, then you have the right to file a wrongful termination claim against your employer. Although “at-will” in California means that you can be released from employment for any reason at any time without notice, the law still protects employees from certain discriminatory and retaliatory practices.

Q: What Constitutes Wrongful Termination in California?

A: Wrongful termination in California is often masked in legal reasons for an employer and employee to sever ties. However, if that separation is because of discriminatory practices on the side of the employer or if the employee refuses to violate public policy and is subsequently retaliated against, then it could be considered wrongful termination.

Huntington Beach Wrongful Termination Attorney

Employees keep the infrastructure of California intact by providing valuable labor that contributes to the economy. While they may perform their job in order to provide for themselves or their family, without each and every worker, the economy would have difficulty flourishing. Protecting employees and their rights is an important part of California law. At the Law Offices of Corbett H. Williams, we pride ourselves on knowing the laws that protect you and using that knowledge to hold employers accountable on your behalf. If you feel your recent termination was the result of wrongful termination, contact our offices and let our attorneys review the facts of your case and help you recover the damages you may be entitled to.