Irvine Wrongful Termination Lawyer
California is an at-will employment state, which means that both employers and employees have the freedom to terminate their working relationships without any particular reason, giving ample flexibility to both parties. However, an employer cannot fire an employee for unlawful reasons. If you believe you’ve been wrongfully terminated, an Irvine employment attorney can help you get the justice you deserve. Contact Sessions & Kimball to schedule a free consultation.
Why Hire Sessions & Kimball For Wrongful Termination?
If you believe you have been a victim of wrongful termination, hiring a qualified lawyer is crucial. Here’s why you should work with Sessions & Kimball:
- When you call us, you will always speak with a qualified lawyer, not a receptionist or assistant, ensuring that your case receives the attention and expertise it deserves.
- Sessions & Kimball is highly respected by other attorneys and legal professionals, who often refer their clients to us for wrongful termination cases.
- We have successfully obtained over $200 million in compensation for our clients, showcasing our dedication and commitment to obtaining the best possible outcome for those we represent.
How an Attorney Can Help You With a Wrongful Termination Case
An experienced attorney can significantly improve your chances of success in your wrongful termination case. Here are some ways an attorney will assist you in your wrongful termination case:
- An attorney will carefully analyze the circumstances surrounding your termination and identify possible legal causes of action that can be pursued.
- A lawyer will collect appropriate documentation, witness statements, and other critical evidence that supports your claim.
- An experienced attorney will guide you through the entire process, including filing claims with relevant government agencies, representing you in negotiations, and advocating for your interests in court if necessary.
What Constitutes Wrongful Termination in California?
Wrongful termination occurs when employees are dismissed based on unlawful reasons, such as their race, gender, age, religion, or disability. As these categories are legally protected characteristics, dismissing someone based on these traits is against the law and is considered wrongful termination.
Another example of wrongful termination is retaliatory dismissal – when employees are fired for participating in protected activities. Employers aren’t allowed to terminate an employee as a form of punishment for engaging in actions backed by legal protections. Examples of these protected activities include the following:
- Filing a complaint about discrimination or harassment in the workplace
- Filing a whistleblower claim or reporting misconduct
- Requesting a reasonable accommodation for a disability
- Exercising family or medical leave rights
Constructive termination occurs when an employee’s working conditions become so intolerable that no reasonable person could be expected to continue working, forcing the employee to resign. In such situations, wrongful termination claims may still result from this type of resignation, as it can be treated in the same manner as involuntary termination.
To establish a claim for constructive termination, an employee must prove three elements:
- The working conditions were so unbearable that a reasonable person in the employee’s position would have felt compelled to resign;
- The employer either intentionally created or knowingly permitted these intolerable conditions; and
- The employee’s actual reason for resigning was the intolerable conditions.
Remedies for Wrongful Termination
If you have been wrongfully terminated or have experienced a hostile work environment that forced you to quit, you may be entitled to a variety of remedies that can help compensate you for the damages you sustained. A few potential remedies include:
- Lost wages and benefits: You may be compensated for any income lost due to the wrongful termination, as well as any benefits you were receiving or would have been eligible to receive had you remained employed.
- Emotional distress/pain and suffering: Experiencing a wrongful termination can have a significant impact on your mental health. In some cases, you may be able to recover damages for emotional distress or pain and suffering.
- Attorney’s fees: If you file a successful wrongful termination claim against your former employer, they may be required to pay for your attorney’s fees.
- Punitive damages: In some situations, courts may award punitive damages as compensation. These damages are intended to punish the employer for their unlawful behavior and deter other employers from engaging in similar behavior in the future.
Contact Sessions & Kimball To Schedule a Free Consultation
Few things are harder than being fired from a job, particularly when it’s unjust. Not only is it a major financial setback, but it can also leave you feeling dejected and without direction. At such a time, it is important to remember that you are not alone and there are resources available to help you through this difficult period. For help, contact Sessions & Kimball to schedule a free consultation.