Orange County Wrongful Termination Attorneys

Being terminated from a job can be incredibly stressful, and it can be even more devastating if you’ve been fired for a reason that you believe is unlawful. If you believe this has happened to you, it’s essential to know your rights so you can figure out what to do next.

If you’ve been wrongfully terminated or forced to quit as a result of an intolerable work environment, please contact the employment law firm of Sessions & Kimball. Make an appointment or call our experienced Orange County employment attorney to schedule a free consultation with one of our Orange County wrongful termination lawyers.

What Is At-Will Employment in California?

California is an “at-will” employment state, which means that employers can dismiss employees at any time, without warning, for any reason that is not prohibited by employment law. This means that you can be fired for many other reasons than because you aren’t doing a good job. No matter how long you’ve been at a company and how valuable you believe you are, your job is almost always at risk if you are an at-will employee in California.

The law still allows employees to file wrongful termination claims when unlawful reasons motivated their discharge. Certain characteristics are protected by California and/or federal law, including the following:

Age
Ancestry
National origin
Race
Color
Religious creed
Disability
Medical condition
Genetic information
Marital status
Pregnancy
Military or veteran status
Gender identity or expression
Sexual orientation
Use of family medical leave
Political activities or beliefs

An employee’s membership in one of these protected categories cannot be used as a basis for termination. If you suspect that you have been discharged from your job for an unlawful reason or because of your membership in one of these protected categories, the best course of action is to speak with our experienced Orange County employment lawyers as soon as possible. You may have the right to file a wrongful termination claim for in California for a fair settlement.

Why Do You Need Sessions & Kimball LLP?

We are Orange County’s largest employment law firm, exclusively representing employees and executives. When you call our office, you will speak with a wrongful termination attorney who will evaluate the case rather than be pre-screened by the receptionist or another non-attorney. This saves you time and shows you that we take every case seriously and treat every client the way we’d want our own family members to be treated.

Types of Wrongful Termination In California

California is an “at-will” employment state, meaning an employer may terminate an employee’s employment at any time, and an employee may resign or quit at will. However, when an employer fires an employee for reasons that violate California’s Fair Employment and Housing Act (FEHA), it’s wrongful termination. Common types of wrongful termination cases in California include the following:

Discrimination, or terminating an employee’s position on the basis of their race, sex, sexual orientation, nationality, religion, pregnancy, or disability
Terminating a job position in breach of contract, or in violation of company policy
Retaliation, or firing an employee for exerting their rights and protections under FEHA, such as for filing a wage and hour complaint, a workers’ compensation claim, or a sexual harassment complaint
Whistleblowing, or terminating an employee’s position in response to their reporting illegal activity, fraud, or misconduct by the employer
Firing an employee for refusing to perform an illegal action or for fulfilling a civic duty, such as jury duty or National Guard service
Firing a worker for taking time off under the California Family and Medical Leave Act (FMLA)
For constructive discharge, or an employer creating a hostile work environment, to force them to resign

Not every firing or job termination is legally wrongful, but when an employer terminates an employee’s job in violation of an employee’s protected rights, it’s wrongful termination. An employee who has been wrongfully terminated from a job position has the right to seek compensation for their losses.

What Is Constructive Termination?

Wrongful termination could still be claimed in some instances when the employee has resigned due to intolerable working conditions. When working conditions become so severe and pervasive that no reasonable person could be expected to continue working and an employee is forced to quit, this is known as “constructive termination,” which can give rise to wrongful termination cases.

For example, an employee who is being harassed because of their gender, sexual orientation, race, or disability may have no choice but to quit, particularly when the employer knows about the harassment and allows it to continue. In such a case, the employee’s “voluntary” separation can be treated in the same manner as involuntary termination for the purpose of claiming wrongful termination. Reach out to our harassment attorneys in Orange County for a free case evaluation today.

How Do You Prove Constructive Termination?

In order to prove construction termination, an employee must show the following in a wrongful termination case:

Your employer was trying to force you to resign by intentionally and knowingly creating an employment environment that was intolerable and aggravated;
The unbearable, hostile workplace gave you no choice but to resign; and,
Your employer was motivated to get rid of you for illegal, retaliatory, or discriminatory reasons.

It’s not enough to show that you simply didn’t like your job or your environment was unpleasant. To prove construction termination, your workplace environment must have been so unpleasant that any reasonable person in your position would have felt like they needed to quit as well. Additionally, your employer must have known how you felt about your workplace environment.

Potential Damages for an Orange County Wrongful Termination Case

If you’ve been wrongfully terminated or have been forced to quit due to a hostile work environment that your employer failed to remedy, you have options. If you’re successful in bringing a lawsuit against your employer, there are several different types of damages you might be able to recover. An Orange County wrongful termination lawyer with decades of experience can help you navigate the process.

Lost Wages and Benefits

You may be able to recover unpaid wages you lost out on by being wrongfully terminated. This includes the amount of money you could’ve reasonably expected to earn and what you would’ve reasonably expected to earn in the future. This can also include benefits, such as health insurance.

Emotional Distress/Pain And Suffering

When a person is wrongfully terminated, this often leads to feelings of shame and embarrassment, as well as grief, anxiety, and loss of enjoyment of life. If you can prove you were wrongfully terminated, you can be compensated for these feelings.

Attorney’s Fees

If you successfully file a wrongful termination claim against your employer, they may be required to pay your attorney’s fees.

Punitive Damages

Another type of damages you can collect if you are successful in your claim is punitive damages. Punitive damages are intended to punish the employer for their unlawful behavior and deter them and other companies from engaging in this behavior again in the future.

What If I am Retaliated Against by My Employer?

It’s really important to understand that certain workplace actions are protected, and if an employer fires you as a result of engaging in a protected activity, this is considered retaliation and is not permitted.

If you partake in any of the following activities and your employee retaliates against you by firing you or punishing you/engaging in an adverse employment action against you, they can certainly get in trouble, and you will likely be entitled to compensation. If you engage in the following activities, you should be protected from retaliation:

Reporting, investigating, or partaking in a hearing for harassment in the workplace
Reporting, investigating, or partaking in a hearing about sexual harassment in the workplace
Reporting, investigating, or partaking in a hearing about workplace discrimination
Reporting, investigating, or partaking in a hearing about unpaid wages and unpaid overtime
Reporting, investigating, or partaking in a hearing about workplace hazards or injuries in the workplace
Reporting, investigating, or partaking in a hearing about the involvement of your employer engaging in illegal activities and violations of employee rights

Even if you report behavior that you think is illegal and it isn’t, or you’re mistaken about the behavior, as long as you reported it in good faith, you should be protected and cannot be retaliated against. An experienced work discrimination attorney in Orange County can help guide you through filing a claim in southern California. This is true whether you brought your complaint to your employer or a larger organization, such as the Equal Employment Opportunity Commission.

Examples of Retaliation

Workplace retaliation, including whistleblower retaliation, can occur in several ways, and it doesn’t always just mean that you’ve been fired. It can include the following:

Being demoted
Having supervisors write up unsatisfactory job evaluations when your performance is up to par and hasn’t changed
Being demoted in title or pay
Being relocated to a different unit or location that your employer knows is inconvenient and unwarranted
Switching your shift to a time that your employer knows is difficult or impossible for you to work
Being fired

It absolutely doesn’t matter if you are an at-will employee. Your employer still cannot retaliate against you in an unlawful way. If you believe you are being retaliated against, our Orange County workplace retaliation attorney can help walk you through your legal options.

Steps to Take if You Believe you’re Being Retaliated Against

If you believe your employer has illegally retaliated against you by firing you or engaging in any other adverse employment action against you, the following step steps are crucial:

1. Gather Information

Gather as much information as possible. If your employer is bold enough to retaliate against you illegally, you want to make sure you take note of absolutely everything they do and say. Keep all emails they send you, take notes of what they say to you in person, and follow up with emails based on any conversations you’ve had in person as well. This evidence may help your employment attorney win your case against your employer.

Potential evidence might include internal documents if you have access to them, emails, text messages, videos, speaking with witnesses, and anything else you can come up with that will provide evidence of your account of retaliation.

2. Speak with an Employment Lawyer

If you believe you’ve been retaliated against, you should contact an Orange County wrongful termination lawyer right away. Provide them with any information you have and then talk to them about the next steps.

Orange County Wrongful Termination FAQs

What is the Statute of Limitations for Filing a Wrongful Termination Claim in California?

It’s crucial to consider the time limit for filing an Orange County wrongful termination case. In California, the statute of limitations for wrongful termination claims depends on the reason for the termination. Most claims must be filed within two to three years from the termination date. For example:

When the wrongful termination is discriminatory, the fired employee must be within 300 days of the termination date. Then, the victim has 90 days after receiving a right-to-sue notice to file a lawsuit
If the wrongful termination occurred in violation of an implied contract, a company policy, or a public policy, the terminated employee has up to two years from the date of their termination
When wrongful termination occurs in violation of a written contract, the employee has up to four years to file a wrongful termination claim for breach of contract

An Orange County wrongful termination lawyer can help you with the timeline of your claim, depending on the unique circumstances of your case.

What Evidence Is Needed to Prove Wrongful Termination?

Common evidence in Orange County wrongful termination cases includes a copy of the company’s policy or the employment contract, performance reviews, internal company communications, emails, and the statutes that the termination violates.

How Much Does a Wrongful Termination Lawyer Cost In California?

Fortunately, California employment lawyers understand that few people set money aside in anticipation of needing an employment lawyer to defend their rights. Most employment attorneys work on a contingency-fee basis, so you pay nothing up front. Instead, the initial consultation or evaluation of your case is free. Then, the attorney goes to work for you at no cost until after they’ve recovered your compensation, after which, they take a percentage of the compensation as their fee. Typically, this ranges between 30-40%. If they don’t succeed in recovering compensation for you, they don’t get paid. This system incentivizes an attorney to work hard to maximize your compensation.

Contact Our Orange County Wrongful Termination Lawyer Today

At Sessions & Kimball LLP, we exclusively represent Southern California employees. Our team of employment law attorneys are focused on protecting employee rights in a range of matters, including wrongful termination. Our Orange County wrongful termination attorneys have recovered millions of dollars for our clients and we’ll help answer any questions you may have.

If you believe that you have been wrongfully terminated, or you were forced to resign because of intolerable working conditions, contact our law firm to arrange a free case consultation with one of our wrongful termination attorneys. Fill out our online contact form or call us at (949) 380-0900 for a free case evaluation on your employment case.