As you might beware, most employment offers here are "at-will," meaning you as the employee and your employer can choose to end a working relationship whenever you want to with or without a lawful reason. However, this does not give your employer a legal right or reason to terminate your employment for no apparent reason.

If you believe your employment termination is unlawful, which is not an uncommon issue in many workplaces, you can sue your employer for wrongful termination. Since this is a legal issue with complex legal theories, you should contact an attorney to know if you have a viable wrongful termination claim against your employer.

You will learn critical factors to consider if you believe you have a wrongful termination claim and how to hold your employer accountable for violating your rights from the following writeup.

Understanding Wrongful Termination Statute

Typically, a wrongful termination occurs when an employer fires or lays off an employee for unlawful or illegal reasons. Your employment or work termination could be wrongful if:

It is in Violation of Public Policy

Under the wrongful termination statute, the court would consider your employment termination wrongful if it goes against public policy. For instance, it would be unlawful for an employer to fire an employee for:

  • Refusing to break or violate a law

  • Exercising your legal privilege or right

  • Performing a legal duty or obligation

  • Reporting a possible violation of a crucial law

Even if you are an "at-will" employee, it would be illegal for an employer to fire you or terminate your employment due to the above-listed reasons.

It Violates the Implied Contract Agreement

An implied contract is typically a legally binding agreement that arises based on your relationship with your employer (mostly spoken promises) not to terminate your job or employment without a good cause.

If there is an implied contract for your current employment and your employer fires you despite the existence of this contract, your termination could count as unlawful under wrongful termination laws.

It is an Act of Employment/Job Discrimination

According to Fair Employment and Housing Act (FEHA), it will be unlawful for an employer to discriminate against an employee or job applicant based on particular protected characteristics, for example:

  • Religious creed

  • Race

  • Skin color

  • Sex

  • Marital status

  • Sexual orientation

  • Ancestry

  • National origin

  • Medical condition

  • Age (over 40)

  • Veteran or military status

Typically, all individuals who share the listed personal characteristics are formally known as a "protected class."

You might have a viable wrongful termination claim if you believe your employment termination was due to discrimination based on the above-protected characteristics, which is not an uncommon issue in a workplace.

It Retaliates Against You For Exercising a Legal Privilege or Right

The FEHA also makes it unlawful for employers to retaliate against employees for exercising or asserting their legal rights, such as:

  • Reporting illegal activities

  • Filing OSHA complaints

  • Filing a workers' compensation claim

  • Complaining about unpaid overtime or wages

  • Reporting patients safety issues (healthcare workers)

  • Making a workplace safety or health complaint

Even if you have an at-will employment relationship with your employer, you have some of these rights.

Although you have a legal right to sue your employer after your employment termination, you need to understand that your employer may have a legal right to do so under certain circumstances. For instance, your employer can choose to terminate your employment without notice if they have a relative who can offer them the same services at a cheaper cost.

A wrongful employment termination can violate both federal and state laws at once. Although this gives you an added advantage as an employee, seeking your damages can quickly turn out to be a confusing legal puzzle.

For this reason, it is advisable to seek the services of an experienced attorney if you believe your employment termination was illegal for legal advice and representation during your claim process to receive adequate compensation.

Legal Definition of an Employee Under Employment Law

Understanding who counts as an employee under the employment law is crucial because only employees can file a wrongful termination claim. Typically, you are an employee if:

  • You work at a company's or organization's place of business

  • You work for a particular set of hours

  • Your assigned work is part of the company's or organization's regular business

  • You have received relevant direction and training from the company (your employer)

  • Your salary or wages is hourly

  • The company has control over how you should perform your duties or roles

Under both federal and state laws, as an employee, you have several protections and privileges, including protection against discrimination based on your race and other protected characteristics. These protections provide you with grounds for filing a wrongful termination claim against your employer.

Types of Illegal/Wrongful Termination Cases

You could be eligible to file a wrongful termination claim to receive adequate compensation for your losses associated with the termination in either of the following instances:

Mixed Motive Termination

Mixed motive termination is a type of termination case which occurs if your employer has both a legit reason and illegal motive to terminate your employment. Your case will only count as a wrongful employment termination if an illegal reason is a major inciting factor in your employer's decision.

If you can prove that an illegal factor incited your employer’s decision to fire you, you may receive damages under wrongful termination laws. On the other hand, if your employer can prove in court that they had non-discriminate and legitimate reasons to fire you, you will not receive compensatory damages under wrongful termination laws.

Constructive Discharge

Under the employment statute, a constructive discharge occurs when your employer intentionally and willfully creates unbearable working conditions, leaving you with no option but to resign. As an employee, you have a right to work in a conducive and comfortable environment.

Your termination claim would be viable if your working conditions were unbearable to the extent that a reasonable and standard employee in the same position would request a resignation instead of continuing with the employment.

Vital Steps to Take After Employment Termination

An employment termination can be a stressful and scary experience for an employee. Luckily, there are clear procedures in place that can assist you in navigating the confusing legal system to secure your legal rights as an employee.

Below are some of the steps you can take after your employment termination to protect your legal rights and increase your chances of achieving adequate compensation:

Gather Relevant Evidence

In a wrongful termination claim, you need viable and strong evidence to prove that your termination was unlawful. Once you receive a termination letter from your employer and you believe the termination is due to unlawful reasons, you should begin collecting relevant evidence to strengthen your wrongful termination claim.

Your past emails, overall job performance report or reviews, termination letter, and any other document you have received from your employer can support and strengthen your wrongful termination claim.

It helps to have organized evidence before pursuing damages from your employer for unlawful termination.

Seek Legal Assistance

It is wise not to handle legal complexities involved in wrongful termination cases alone. Take time to find a reliable attorney if you believe your employment termination is due to unlawful reasons mentioned above. The attorney you will hire will help you analyze your unique case's details and facts to establish whether or not you have a viable termination claim against your employer.

Having a reliable attorney who understands specific federal and state laws that apply to your unique case can increase your chances of achieving an appealing outcome on the wrongful termination claim. Here is what to pay attention to when finding a reliable wrongful termination attorney within your location:

  • The attorney's experience

  • The attorney's accreditation and reputation

  • The attorney's cost of services

  • The attorney's accessibility and availability

File Your Wrongful Termination Claim or a Lawsuit

Depending on your termination case’s details and facts, you can file a claim with the relevant government agency or skip this part and file a lawsuit. Your attorney will know where you will file your termination claim. The particular location where your attorney will file your termination claim will depend on the specific cause of the unlawful termination.

For instance, if your lawsuit alleges a breach of contract between you and your employer, you should file your case in a civil court. However, if you believe your employment termination is an act of discrimination based on your personal or physical characteristics, you should file your complaints with Equal Employment Opportunity Commission (EEOC).

The Statute of Limitations for Filing a Wrongful Termination Claim

Filing your termination claim on time is critical and is indeed one reason for having an attorney in your corner. The statute of limitations is typically the time frame you have to file a wrongful termination lawsuit, and it starts running from the date you received a termination letter from your employer.

Depending on the nature of your unique claim, you may have two (2) or three (3) years to file a wrongful termination lawsuit. Typically, you have up to two (2) years to file an unlawful termination lawsuit if:

  • Your claim stems from a breach of an oral or written contract

  • Your claim arises from a violation of public policy, for example, performing a legal responsibility

  • Your claim stems from an outrageous and unbearable working condition which was intentional to give you a reason to resign

However, if your claim arises or stems from the violation of any of the following laws, you will have a maximum of three years to file your claim:

  • Labor Code 1102.5 (this law makes it unlawful for your employer to retaliate against you for making a complaint or disclosing certain information to particular parties like law enforcement or a government agency)

  • Worker Adjustment and Retraining Notification Act (WARN Act)

  • Fair Employment and Housing Act (FEHA)

Compensatory Damages You May Receive in Your Wrongful Termination Claim

If you win your wrongful termination claim, you will receive compensatory damages for all your losses associated with the termination "to make you whole again." Typically, there are three categories of compensatory damages in a wrongful termination claim. Below is a brief elaboration of each of them:

  1. Economic Damages

You will receive economic damages for all your monetary losses associated with the unlawful employment termination. Below are examples of economic damages in a wrongful termination claim:

Lost Wages

You will receive damages for lost earnings and any payback you would have received if you had remained in your job, including:

  • Bonuses

  • Pay raises

  • Interests

Lost Benefits

When calculating your total economic "monetary" damages for the losses associated with the wrongful termination, the court will also include lost benefits, such as:

  • Stock options

  • Retirement savings

  • Healthcare coverage

  • Transportation reimbursement

Medical Expenses

If your medical insurance cover has changed due to the wrongful termination, you will likely incur additional medical costs. Fortunately, these out-pocket medical expenses are also compensable if you win a wrongful termination lawsuit against your employer.

The Cost of Searching for Another Employment

Since the court expects you to seek another employment in an attempt to mitigate damages associated with the termination, you will also receive damages for losses you had to incur when searching for another job.

Attorney Fees or Cost of Services

In some cases, if you win your termination claim, your employer will also have a legal obligation to pay your attorney's services fee and other costs associated with the lawsuit.

  1. Non-Economic (Non-Monetary) Damages

If you win a wrongful termination claim, you might also receive non-economic damages for all subjective losses associated with the termination, including loss of professional reputation and emotional stress.

  1. Punitive Damages

Punitive damages might also be available to punish your employer for committing an egregious offense. The purpose of these types of compensatory damages is to deter or discourage other employers from participating in this kind of egregious behavior.

Find a Wrongful Termination Attorney Near Me

A wrongful termination claim against your employer can be a complex and confusing legal issue to deal with alone. We invite you to call skilled wrongful termination attorneys at Stop Unpaid Wages at 424-781-8411 if you need legal help filing a wrongful termination lawsuit wherever you are in California.

Our experienced attorneys have what it takes to convince the court that you deserve maximum compensation for all your losses associated with the unlawful termination.