Wrongful Termination Lawyers

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California Wrongful Termination Law Firm

Losing your job may be one of the hardest challenges you could ever face in your career, especially if it happens unexpectedly. The frustration and difficulty of this situation can be even worse if you feel that your termination was not justified.

How to Determine if You Were Wrongfully Terminated

Generally, employers are not required to give advance warning, a reason for terminating your employment, allow you the opportunity to correct any issues related to your work performance, or let you defend yourself because the majority of workers in California are known as “at-will” employees. This means that the employer may end the employment relationship at any time, with or without just cause. However, there are important exceptions to the “at-will” rule that have been created by the courts, statutes, and public policy in order to protect employees from wrongful termination.

However, if you cannot think of any negative behavior committed on your part that would warrant being fired, ask yourself the following questions (Keep in mind that this is not an exhaustive list and there are other ways you may have been wrongfully terminated):

  • Are you being retaliated against after you made a complaint related to sexual harassment, discrimination, or a violation of public policy?

  • Are you caught up in a fraud, such as using false information given to you by your employer, and were fired as a result?

  • Did you recently, or were you about to, amend your employment contract?

  • Are you being discriminated against, such as the reason for your firing typically responded to in a different manner, such as if another employee did the same thing but they only received a warning?

  • Were you defamed or your reputation or community standing damaged by your employer in the termination process?

If you answered yes to any of these questions, or others like it, you might have a case for wrongful termination and should contact us at Kluft Law, P.C. as soon as possible or call us at (626) 432-5422.

It is always worth consulting a lawyer to determine if your firing qualifies.

“Constructive Termination” — Quitting Because Your Employer Made Conditions So Bad You Had To Leave

Sometimes, when there is conflict in the employer-employee relationship, the employer may choose to create a hostile working environment to force the employee to quit, rather than fire the employee and risk a lawsuit. This is a constructive termination.

While there may not be a direct communication from the employer terminating the employee, the employer knowingly permits intolerable working conditions under which a reasonable person in the employee’s position would have had no reasonable alternative but to quit.

To succeed on a wrongful termination claim based on constructive termination, you must prove that the employer either intentionally created, or knowingly permitted, working conditions that were so intolerable or aggravated at the time of the employee’s resignation that a reasonable employer would realize that a reasonable person in the employee’s position would be compelled to resign.

Constructive termination can be used in retaliation against employees who have invoked their rights in the workplace, or taken other action that the employer considers to be adverse to them.

Damages for Wrongful Termination

There are a range of damages that may be available to you if your wrongful termination claim is successful. These include:

  • Back pay for lost earnings and benefits

  • Damages for emotional distress

  • Attorney’s fees and costs

  • Punitive damages (additional to actual damages suffered, as a way to punish the employer for their actions)

Not all successful claims are entitled to punitive damages. Typically to be entitled to punitive damages there needs to be clear evidence to show that the employer was guilty of oppression, fraud, or malice.

Breach of Contract

In some cases, an employee may have entered into a contract, whether written or implied, when beginning to work with a new employer which puts them outside of the “at-will” employment.

If your termination meant that your employer broke a promise made to you, you may be able to pursue a wrongful termination lawsuit based on a breach of contract.

Contract Employees

When you have a written contract with your employer for employment you are considered a “Contract Employee.” Typically a breach of employment contract leading to a wrongful termination for a contract employee typically occurs when a contracted employee is:

  • Terminated without reasonable notice;

  • Terminated without notice for misconduct, and there were no reasonable grounds to do so; or,

  • Terminated before the end of a fixed term.

A written or oral employment contract usually will outline an employee’s pay, duties, and obligations to the employer but also may include limits on your employer’s right to fire you such as requiring a termination to only occur for “just cause” and outlining what those causes are, but may be left to interpretation. Moreover, commonly an employment contract may stipulate that you cannot be fired at a moment’s notice or that it can only occur within, or after, a certain time period, or only for particular reasons.

Implied Contracts

Under California Law, you may still be a contract employee without a written agreement because California recognizes implied contracts based on an employer’s statements or actions. For example, if there are policies in place that dictate specific disciplinary procedures that will occur prior to a termination of employment, then those policies will need to be followed prior to a lawful termination.

However, it is very important to note that violations of a spoken contract can be much more challenging to prove, especially if your employer is now denying they made those statements or that you are interpreting statements made incorrectly.

Your Termination Could be a Form of Retaliation

Employers are responsible for providing a safe work environment for their employees and if you report their failure to do so, or any other potential California law violations, they may try to fire you to retaliate or punish you. This is not legal and Kluft Law, P.C. can help you if you find yourself in this position. Contact us at Kluft Law, P.C. as soon as possible or call us at (626) 432-5422.

Common Reasons Employers Retaliate

Retaliation may be the reaction of your employer after you:

  • “Whistleblow” meaning you notify higher management/outside entity of illegal activities

  • Protest or report discrimination, harassment, wage and hour violations, unsafe work conditions, or a perceived illegal activity

  • File a workers compensation claim

  • Request/take a protected leave: FMLA/CFRA, Maternity Leave, Medical Leave, take time off to vote, or time off to serve on Jury Duty

  • Participate in a protected activity such as take time off to vote or complete jury duty, union discussions, file a lawsuit, etc.

Wrongful Termination as a Form of Discrimination

In the state of California, employers cannot fire an employee because of specific characteristics. The employer may try to claim that the decision to terminate the employment because of something else, making it vital for you to work with a wrongful termination lawyer, such as Kluft Law, P.C. to determine the truth behind the decision.

An employer cannot legally fire someone based on any of the following characteristics:

If you believe your termination was wrongful, it is important that you speak with an attorney as soon as you can. Contact us or Call us at (626) 432-5422 for a free consultation.