Newport Beach Wrongful Termination Lawyer
As an employee in California, it’s crucial to understand your rights and protections in the workplace. Being aware of the state’s “at-will” employment laws and the characteristics protected under California and federal law is essential in protecting yourself against wrongful termination. If you suspect that you have been unjustly fired due to your membership in a protected category, you may have the right to take legal action. Contact our Newport Beach employment attorneys to get started.
Why Hire Sessions & Kimball For Your Wrongful Termination Case?
Working with Sessions & Kimball for a wrongful termination claim comes with many advantages. Here’s why you should choose us:
Experience: We have been focusing on employee rights since 1985, decades before any other attorneys in Orange County were doing this.
You always speak with an attorney: When you call us, you talk directly with a lawyer, not another staff member like a secretary or paralegal. This means you don’t have to tell your story over and over again. We can tell you right away what we think of your situation.
High resolution rate without trial: Most (99%) of our cases get resolved long before reaching the courtroom and more than half don’t even require filing a lawsuit – this means quicker results and less stress for you.
Proven success: Winning over $200 million for clients shows that we are experts at securing favorable outcomes in these types of cases.
If you need help, reach out to us at any time to schedule a free consultation.
How a Lawyer Can Help With a Wrongful Termination Claim
Having a lawyer for wrongful termination claims is very important for several reasons:
They know the law: Lawyers understand all aspects of employment laws, meaning they can guide you effectively through all phases of your case.
Gather evidence: Your attorney will collect any necessary documentation, witness testimonies and other significant information to build your case.
Handle negotiations: Experienced attorneys are well-practiced at negotiating with employers and their insurance companies, which could allow you to bypass court proceedings, saving time, stress, and money.
Represent you in court if needed: If it comes to trial, having a seasoned professional by your side who knows how to present before judges and juries could be invaluable for winning.
California’s “At-Will” Employment State and What It Means for You
California is an “at-will” employment state. That means employers can terminate employees at any time they wish, for whatever reason or even no reason. On the flip side, employees are also free to leave their job whenever they want.
However, there are some exceptions – you can’t be fired unfairly based on discriminatory reasons, for example, based on your age, race, or national origin.
Types of Wrongful Termination
There are several forms of wrongful termination that you should be aware of. Some of the most common include:
Discrimination-based terminations are prohibited under federal and state laws. If you believe you were fired due to your race, color, national origin, sex, pregnancy, religion, age, disability, or genetic information, you may have grounds for a wrongful termination claim.
Retaliation occurs “when an employer (through a manager, supervisor, administrator or directly) fires an employee or takes any other type of adverse action against an employee for engaging in protected activity.
An adverse action is an action which would dissuade a reasonable employee from raising a concern about a possible violation or engaging in other related protected activity. Retaliation can have a negative impact on overall employee morale.”
Protected activities can include filing complaints against an employer, reporting illegal or unethical behavior, participating in investigations or lawsuits against the employer, or asserting your rights under various workplace laws.
Breach of Contract
If you have a written or implied employment contract with your employer, they’re legally bound to follow its terms. If your employer terminates you in violation of the terms of the contract, it could be considered wrongful termination.
Violations of Public Policy
It is illegal for employers to terminate employees for reasons that go against public policy. Examples include firing an employee for taking time off to vote, serve in the military, or report illegal activity.
Constructive Wrongful Termination
Constructive wrongful termination, or constructive dismissal, is when you’re forced to quit your job because of an intolerable working condition created by the employer. In these cases, even though it may look like you left on your own terms (‘resigned’), it can be considered wrongful termination.
Contact Sessions & Kimball To Schedule a Free Consultation
As an employee, the possibility of being terminated from your job can be a scary thought. And when that termination is done without proper justification, it can be an even more harrowing experience. Fortunately, we can help. If you need help with a wrongful termination matter, contact Sessions & Kimball to schedule a free consultation with a Newport Beach wrongful termination lawyer.