How to Prove Wrongful Termination In California
California is an at-will employment state, meaning an employer can terminate a worker’s employment at any time and the employee may quit their job without notice.
However, this rule does not allow an employer to fire an employee for reasons that violate the employee’s rights under federal and state protections, such as discrimination or retaliation. If your employer fired you for an illegal reason, you may have the right to compensation for your losses.
Call or contact our award-winning Orange county employment lawyers at Sessions & Kimball to learn more about your legal rights under California’s employment laws.
Why Choose Our Orange County Wrongful Termination Lawyers at Sessions & Kimball?
The wrongful termination attorneys in Orange County at Sessions & Kimball are leaders in both their local community and in the legal community, with regular listings in Best Lawyers®. With our firm behind your case, you have the following advantages:
- A commitment to championing employee rights against even the most powerful employers
- A history of exceptional results for clients, dating back to the 1980s when founding attorney Don Sessions began representing clients in employment law violation cases
- Our history of recovering over $200 million for our clients brings a powerful voice to your claim
If you suspect that your employer fired you for illegal reasons under federal and/or state law, we offer a free consultation and contingency-based payment, so you only pay for our services after we’ve first recovered compensation for you.
When Is It Wrongful Termination In California?
Not all firings are wrongful termination. An employer may have legally sound reasons for terminating an employee’s job at will. However, an employer in California may not legally terminate an employee for the following reasons:
- Discrimination, or for race, perceived race, sex, sexual orientation, age, disability, pregnancy, medical condition, religion, or country of origin
- In breach of the employment contract
- For a public policy violation, such as when an employee takes jury duty leave, refuses to commit a crime, votes, or exercises any other legal right
- In retaliation for filing a complaint, such as a sexual harassment or wage-violation complaint
- For requesting reasonable disability accommodations
- For taking family medical leave time
A less commonly understood form of wrongful termination occurs when an employer intentionally creates undesirable working conditions to force an employee to quit.
What Are My Legal Rights After Wrongful Termination In California?
Wrongful termination not only causes financial instability and distress, but it’s a violation of California’s employment law under the Fair Employment and Housing Act (FEHA. You have the right to legal action. First, notify the company’s HR department of the termination in writing. Then, gather evidence, such as any emails or text exchanges, or performance reviews.
Before filing a wrongful termination lawsuit, you must first file an initial complaint with the appropriate agency, such as the California Division of Labor Standards Enforcement (DLSE) or the U.S. Equal Employment Opportunity Commission, to obtain a “Right to Sue” notice.
Contact The California Employment Lawyers at Sessions & Kimball
Instead of navigating a complex claim on your own, you can maximize your chances of a favorable result by hiring an experienced California employment lawyer. Call Sessions & Kimball today for a free consultation so we can begin a personalized legal strategy to recover compensation for your financial losses and emotional distress.