Wrongful Termination

In California, employers generally have broad powers when it comes to terminating employees. However, wrongful termination is still common due to employers overstepping these powers and misunderstanding or ignoring employees’ rights when it comes to public policies.

If an employee is fired, dismissed, or forced to quit in violation of any agreement, law, or public policy, this may be considered wrongful termination.

The wrongful termination lawyers at The Sands Law Group, APLC, help employees in such cases claim the maximum damages to which they are entitled.

Federal and California state laws protect employees from discrimination in the workplace based on one’s gender, race, age, religion or sexual orientation. These are considered “protected classes” for which individuals have specific legal rights.

In most wrongful termination cases in California, an employer dismisses or fires an employee due to:

• Discrimination against a disability, age, race, ethnicity, religion, sex/gender, sexual orientation, medical condition, or other protected category.
• Retaliation after an employee reports or complains about wrongdoing or illegal conduct in the workplace or after exercising protected rights.

If the termination violates the terms outlined in a contract or agreement between a worker and the employer, this may also be considered wrongful termination in California.

Another example that constitutes wrongful termination is being fired for taking time off work that you are entitled to (such as for family leave or maternity leave).

Let us take a more in-depth look at some of the main reasons for wrongful termination cases in California.

Simply having a disability or medical condition or being of a certain age, race, ethnicity, religion, gender, or sexual orientation and being dismissed is not wrongful termination in California.

Wrongful termination is when an employer discriminates against one of those protected classes and allows it to influence the decision to dismiss the employee. To win a discrimination claim can be challenging because proving discrimination is rarely straightforward.

Skilled wrongful termination lawyers will gather evidence to strengthen the case by proving that discrimination influenced the decision to dismiss the employee, such as:

• Evidence of similar discrimination against other workers in the same protected class or preferential treatment of employees outside the protected class.
• Previous discriminatory comments by the employer, manager, or supervisor.
• Timing of the termination (e.g., being fired shortly after pregnancy).
• Statistical evidence showing the makeup of employees and stated reasons for terminations across the company.
• Inconsistencies or weaknesses in the employer’s claims of non-discrimination.

Evidence of company policy/procedure violations during the termination of an employee.

If an employee reports or complains about labor code violations, discrimination, harassment, other wrongdoing, or mistreatment of an employee and is subsequently fired, this could constitute wrongful termination under state and federal laws if retaliation by the employer can be proven.

Again, employers in California seldom admit retaliation as the reason for dismissal so the skills of a wrongful termination lawyer may be required to prove that this was the case.

Evidence may come from:

• A timeline of events indicating a direct connection between an employee’s complaint and the termination.
• Inconsistencies or contradictions in the employer’s claimed non-retaliatory reason for the termination.
• The employer’s violation of its internal policies and procedures.

If an agreement or contract exists between the employee and the employer who fired him/her, this could also constitute wrongful termination in California.

Importantly, the employment contract need not be in writing—although it usually is (even if it is simply an email).

Breach of contract is often more straightforward to prove than discrimination or retaliation. For instance, if a written employment contract specifies a number of years of employment and the employee is fired without cause before the completion of that number, the employer could be found to be in breach of contract.

If the employer argues a “valid cause” for the termination, which is quite common, a skilled wrongful termination lawyer can often counter the claim by proving how well the employee performed before termination—and by highlighting other reasons, such as the company’s financial struggles, to support the argument.

Constructive termination is another type of wrongful termination in California. This is where an employer makes working conditions so intolerable for an employee that a reasonable person would feel compelled to resign.

So, even if the employer resigns (and is not actively terminated), this could be classed as constructive termination if working conditions were made intolerable by harassment, discrimination, or retaliatory actions by the employer.

Examples include the employer reducing working hours or pay without reason, changing shifts without discussion, demoting the employee without reason or allowing coworkers to harass the employee and create a hostile workplace.

Most wrongful termination cases in California end in settlement agreements rather than trials. Employers rarely want the expense of a trial or the adverse publicity and other negative consequences that may come from a court appearance.

A settlement agreement outlines the offer from the employer to the employee. It usually involves a lump sum payment to cover the damages experienced by the plaintiff and should include the following information:

• Expectations of the defendant: the specific award payable by the employer accused of wrongful termination—the total financial compensation along with how and when this will be paid.
• Expectations of the plaintiff: what the employee should and should not do or say about the termination (e.g., no public comments, no further legal action, etc.).
• Exceptions: any exceptions to the terms outlined should be explicitly stated in the agreement, such as any circumstances in which the employer has the right to withhold payment.

Before accepting and signing a settlement agreement for wrongful termination, plaintiffs should fully understand the agreement and their associated responsibilities—and be satisfied that the award covers everything to which they are entitled.

A dedicated wrongful termination lawyer will protect your rights and ensure that you do not settle for lower total damages than you deserve. Plaintiffs who are represented by experienced attorneys generally receive higher sums than those without.

• Keep a journal as a written record of the events leading to your dismissal.
• Retain copies of all relevant documents, including employment contracts, employee handbook, emails, termination papers, etc.
• Create a record of bills/receipts and expenses incurred as a result of the termination—and evidence of wages from your old and (if applicable) new job.

Contact The Sands Law Group Today

If you think you may have been dismissed illegally, the wrongful termination lawyers at The Sands Law Group, APLC, can help. Contact us or call 213-788-4412 today for a free 15-minute phone consultation about your case.