If you are a victim of wrongful termination in California, you can file a wrongful termination lawsuit to prove that you were laid off or fired for an illegal reason. Employers who terminate their workers wrongly violate federal law, state law, and public policy. The damages that you could recover for a wrongful termination lawsuit will vary depending on the type of lawsuit.

Grounds For Wrongful Termination Lawsuits

There are several grounds for wrongful termination lawsuits, with the most common being:

At-Will Employment Exceptions

In California, most employment relationships are at will. This means that an employer can dismiss or fire an employee for any reason. However, the law outlines several exceptions to the rule of at-will employment. The exceptions include:

  • An implied contract whereby the employer cannot terminate an employment contract without a good cause

  • An employer’s breach of an implied covenant of good faith and fair dealing

  • Wrongful termination that violates public policy

Most employees base their wrongful termination lawsuits on public policy and implied contract theories. An implied contract is an agreement between the employer and an employee. Both parties understand this contract even if the parties did not have signed documentation on the same. For example, implied consent exists if the employer gives the employee a handbook outlining factors that could lead to termination. The employer could also orally inform the employee that they can’t lose their job provided they do not do certain things.

Wrongful termination as a violation of public policy occurs if an employer fires an employee for failing to support or cooperate with the employer in engaging in acts that are considered to be socially undesirable. For example, an employee could have a valid case of wrongful termination if an employer terminates them for refusing to support them in violating criminal fraud laws. In addition, it will be a violation of public policy if an employer fires an employee who informs the police about the employer's violation of the law.

Whistleblower Retaliation

Whistleblower retaliation is a common form of termination in violation of public policy. This form of termination occurs if an employer fires an employee for reporting the employer's violation of the law to a law enforcement agency or a government agency. According to the California Labor code 1102.5 LC, an employer should not retaliate against an employee who reports a suspected violation of the law by the employer to a government agency or law enforcement agency. The Sarbanes-Oxley Act of 2002 also offers whistleblower protection. According to this Act, the employees of publicly traded companies can sue their employers for wrongful termination if they are fired for reporting suspected security fraud to a supervisor or federal government.

A section of the California False Claim Act known as a qui tam section also gives employees the right to sue the employer on behalf of the state government. An employee has a right to sue an employer who commits embezzlement or fraud with respect to government funds. If the employer terminates an employee who files a qui tam lawsuit, the employee can sue for qui tam retaliation or wrongful discharge.

Wrongful Termination Under The Fair Employment And Housing Act

According to the Fair Employment and Housing Act in California, it is illegal for an employer to terminate an employee for:

  • Opposing discrimination and harassment in the workplace

  • Filing a complaint on harassment, including sexual harassment and discrimination

  • Assisting or testifying in any investigation or lawsuit over discrimination and harassment

Constructive Termination

According to the constructive discharge laws, you can sue an employer for wrongful termination even if the employer does not fire you from your job. Construction termination occurs when an employer makes the work conditions intolerable and leaves an employee with no choice but to resign. An employee can sue their employer for constructive termination if:

  • The employer knowingly permitted or intentionally created intolerable working conditions that would make a reasonable employee resign.

  • An outright employee termination was not an option for the employer because it would have led to a violation of implied contract or a breach of public policy.

Other additional laws against FEHA, retaliation and whistleblower retaliation prohibit employers from firing employees in different ways in addition to constructive termination and wrongful termination.

Termination Based on Political Activities

You can sue your employer if you lose your job due to protected political activities and speech. This is according to the First Amendment to the U.S. constitution. However, this law does not apply to private employers. However, California labor law states that an employer should not dismiss an employee or control and direct their political activities and speech. Therefore, you have a right to sue for wrongful termination if your employer fires you for your political activity. You could also file a wrongful termination lawsuit if your employer fires you for participating in union activities or joining a labor union.

Failure To Comply With WARN Act

You can file a wrongful termination lawsuit if an employer fails to comply with the WARN (Worker Retraining and Notification) Act. This Act states that before an employer conducts a mass layoff of 50 or more employees or closes or relocates a facility, they must provide the employees with a 90-day warning. This Act applies to employers with a minimum of 75 employees. If an employer fails to give a warning, an employee can sue and seek wages and benefits for the time by which the notice fell short of 60 days.

How To Sue For Wrongful Termination

You should take the following steps if you lose your job and feel that you have grounds for filing a wrongful termination lawsuit:

  • Contact an experienced wrongful termination attorney

  • Gather all the necessary evidence related to your case

Gathering the relevant evidence involves compiling all the documents your employer may have given you regarding the termination. You can also collect all the documents outlining your job performance before the layoff. These documents include copies of your past performance reviews and your termination letter.

If you do not have copies of these documents, you can request them from your employer. Your attorney can help you push to get these documents if the employer refuses to comply. Again, an experienced wrongful termination attorney will play an essential role in helping you gather all the evidence to support your lawsuit.

Evidence To Help You Prove A Wrongful Termination

Some of the evidence that you can use to show that you were wrongly terminated include:

  • Recorded communication between you and your employer that may show prejudiced behavior or harassment — These communications could include voicemails and emails from the employer.

  • You can also back your wrongful termination lawsuit with eyewitness accounts from your co-workers. For example, a colleague who witnessed your boss harass you can testify.

  • You can also use company employment data that indicates that the organization is prejudiced. For example, an employer could be hiring in favor of white people if there is a lack of people of color in certain positions.

Oral conversations could count as crucial evidence in wrongful termination lawsuits. Any discussion that made you build expectations about your job, conversations regarding your job performance, or your termination could all be relevant to your case. Therefore, you should adequately write down and store all your conversations with your employer or supervisors. In your written records, you should outline the date when the conversation occurred, the place of the conversation, and the participants in the discussion.

The Statute Of Limitations For Wrongful Termination Cases

While filing a wrongful termination lawsuit, you should ensure that you file the claim within the applicable statute of limitations. The California law sets forth the period you should file the claim. The applicable statute of limitation will vary depending on the ground of your wrongful termination lawsuit:

  • The statute of limitations is two years for a lawsuit based on breach of contract or implied, oral contract.

  • In a case involving whistleblower retaliation under Labor Code 1102.5, the statute of limitations is three years.

  • For wrongful termination cases based on violation of public policy, the applicable statute of limitations is two years.

  • For whistleblower retaliation under Sarbanes-Oxley Act, you will have up to 180 days to file a lawsuit with the U.S. Department of labor.

  • The statute of limitations while filing a lawsuit under the Fair Employment and Housing Act is three years. You will file the complaint with the Department of Fair Employment and Housing in California.

  • The applicable statute of limitations for lawsuits under the WARN Act is three years.

The time will start counting for all the cases outlined above from when you are retaliated against or terminated. Depending on the type of the case and the termination grounds, a wrongful termination case could take several weeks or years to resolve.

Damages Available In A Wrongful Termination Lawsuit

You can recover several damages upon filing a wrongful termination lawsuit:

Lost Wages and Work Benefits

Lost wages and work benefits are the income you would have reasonably earned before and after the conclusion of your lawsuit if you had not been wrongfully terminated. You could also receive compensation for all the benefits that you could have been expected to receive in the same period. However, this compensation will be less than the wages and benefits that you earned from similar employment.

Pain And Suffering or Emotional Distress

Amounts awarded for pain and suffering or emotional distress compensate for the emotional turmoil or pain and suffering resulting from the wrongful termination. For example, you could receive compensation for mental anguish, physical pain, loss of enjoyment in life, anxiety, grief, or any humiliation or traumatic experience that resulted from your wrongful termination.

Attorney’s Fees

You can also receive compensation for attorney's fees incurred in pursuing a claim against the defendant or the employer. However, this damage is only available in certain wrong termination lawsuits, including Sarbanes-Oxley and the Fair Employment and Housing Act.

Punitive Damages

The court may also award punitive damages meant to punish the employer for their wrongful conduct. Punitive damages do not depend on the economic or the non-economic loss that the plaintiff suffers. The court is likely to award punitive damages when it finds the employer guilty of fraud, oppression, and malice.

The average settlement and the kind of damages available will vary depending on the grounds of your illegal termination. For example, if the wrongful termination is based on a violation of an implied contract, you are only likely to receive compensation for lost wages and benefits. However, if the offense is based on a breach of public policy, you could receive emotional damages compensation in addition to lost wages and benefits.

Why You Need An Attorney

Hiring a wrongful termination attorney is crucial to your case. Seeking justice after a wrongful termination is essential. It is always best to have an expert who understands the law when you begin the claim process. Below are the leading reasons why you should hire a wrongful termination lawyer:

  • Legal expertise — A wrongful termination attorney will bring invaluable legal expertise that will significantly benefit your case. Attorneys understand the latest changes and developments in employment law. As a result, they are better placed to seek the rightful compensation for you.

  • Helps you interpret the law — You should not go up to your employer to negotiate your claim just because you feel that you are a victim of unfair dismissal. You and your employer could be interpreting the law in different ways, thus complicating the case and delaying any form of resolution. A wrongful termination attorney will help you solve the complicated nuances in employment law, giving you the best chance at obtaining your rightful compensation.

  • Gather evidence — An attorney will look through different documents to gather ample evidence for your case. An attorney can distinguish between valuable evidence and what can be discarded. An attorney will also help you bring the necessary witnesses to support your claim.

  • Your employer will have an attorney — You can be sure that your employer will hire an attorney to represent them. If you choose to go it alone, it will be your word against the employer's attorney. In addition, hiring an attorney ensures that your wrongful termination claim is handled on a level playing ground.

Find A Wrongful Termination Attorney Near Me

If you have been let go or fired for an unlawful reason, we invite you to contact Stop Unpaid Wages now. We have helped many people in California pursue wrongful termination lawsuits and receive the compensation they deserve. Contact us at 424-781-8411 and speak to one of our attorneys.