Orange County Wrongful Termination Lawyer

California Wrongful Termination Laws

Are you an employee who has recently been laid off or fired for unlawful reasons? You may have the right to file a legal claim against your employer for wrongful termination. There are laws protecting employees from being fired or "terminated" due to discrimination and other illegal employer practices. These laws also ensure that terminated employees receive appropriate severance packages that include adequate compensation for their unexpected loss of income.

What Is Wrongful Termination in California?

"Wrongful termination" is a legal term to describe when an employer fires or lays off an employee for unlawful reasons. Illegal reasons for termination include firing someone:

• As a form of discrimination
• As a form of sexual harassment
• In violation of oral and written employment agreements
• In violation of labor laws
• In retaliation against whistleblowing or a valid employee complaint

When an employer wrongfully terminates an employee, they could face statutory penalties. Other cases will result in the employer paying damages to the terminated employee for their lost wages and other expenses resulting from the wrongful loss of their job. Some wrongful termination cases could even result in punitive damages for the employer.

California Fair Employment and Housing Act (FEHA)

The Civil Rights Act provides the minimum protections for workers across the country. The Equal Employment Opportunity Commission (EEOC) enforces these laws. However, states have the right to enforce more strict labor laws in addition to these federal laws. In our state, the California Fair Employment and Housing Act (FEHA) provides such extra protections for California employees. The California Department of Fair Employment and Housing (DFEH) is the agency that administers these laws.

The FEHA protects full-time and part-time employees from discrimination, retaliation and harassment in the workplace. To learn more about these protections, you should consult an Orange County wrongful termination lawyer who can help you pursue your rightful compensation.

What Rights Do You Have as an Employee?

As an employee, you have the right to:

• Receive compensation equal to the work you performed (equal pay for equal work).
• Receive reasonable accommodations for your medical conditions or religious beliefs, when required by law.
• Expect confidentiality in regard to any medical or genetic information you share with your employer.
• Not be harassed for your race, color, religion, sex, pregnancy, sexual orientation, gender identity, national origin, disability, genes or age.
• Report or participate in the investigation of, or the opposition to, discrimination without being retaliated against or punished for doing so.

What Do You Do After Termination?

If your employer terminates you, ask for a detailed explanation of why. Write down as much as you can. Start gathering evidence regarding your termination immediately. Contact an Orange County wrongful termination lawyer as well. This employment attorney will be able to help you secure even more evidence from your employer, file complaints with the appropriate agencies, and keep you informed of your rights as a worker. Pursuing a wrongful termination claim can be a complex process, but you do not have to go into it alone.

What Is the Average Settlement for Wrongful Termination in California?

Every wrongful termination case is unique, and that means the results of those claims can vary. Those who file a successful wrongful termination claim can receive a settlement or award between $5,000 to $100,000 or more. However, the average size of a settlement in California is around $40,000 or around $45,000 for cases that go to trial (XCELHR). These numbers do not guarantee that you will receive a settlement or an award of this particular size. 

Do I Have a Wrongful Termination Case?

You have cause to file a wrongful termination case if you were fired for illegal reasons. In most instances of wrongful termination, the employer will claim a lawful reason for firing an employee. You must prove that their reason for termination is false and that you were actually fired for an unlawful reason such as retaliation or discrimination. You may also have a case if you can prove that your former employer breached a contract with you by terminating your employment, or if that employer broke public policy by firing you.

Can You Sue for Wrongful Termination in California?