Our Attorneys Win Wrongful Termination Cases

Although California has arguably the strongest labor laws protecting workers, some employees still experience wrongful termination. Wrongful termination occurs when an employer fires an employee for a reason that violates the California Labor Code. Employees that have experienced wrongful termination may be entitled to financial compensation from their employer. Every wrongful termination case is unique and can be difficult to prove; an experienced attorney can help you navigate through California’s complex labor laws. Based on your unique legal situation, needs, and preferences, we’ll match you with the most qualified wrongful termination lawyer in your local area. Some clients request a lawyer of the same or opposite sex; we will accommodate your needs and preferences. At your request, we’ll connect you with one of our female wrongful termination attorneys.

Her Lawyer is one of the few law services that do not charge any upfront retainers or fees from their wrongful termination clients. We won’t charge you a penny unless you win your case. Contact us today to get your free consultation.

What is wrongful termination?

Wrongful termination, commonly referred to as wrongful dismissal or wrongful discharge, occurs if an employer violates laws or contracts when firing an employee. Wrongful termination includes any termination that breaches labor laws or employment contracts.

What constitutes wrongful termination in California?

In California, it is illegal for an employee to be fired:

• On the basis of their sex, race, gender, ethnicity, religion, or disability
• In retaliation
• In violation of implied, verbal, or written contracts

Her Lawyer’s wrongful termination attorneys carry specialized expertise in labor law and successfully claim financial compensation for our clients. We understand that every wrongful dismissal case is different; we’ll match you with the most qualified attorney for your needs and preferences. At your request, we’ll get you in touch with one of our female wrongful termination attorneys.

What is at-will employment?

California is an at-will employment state, meaning that an employer can fire you for any reason at any time and without giving you any reason. However, if the employer does provide a reason, the reason cannot violate employment laws or contracts.

Can you sue for wrongful termination?

An employee fired in violation of employment laws or contracts may sue their employer for wrongful termination.

What are common grounds for wrongful termination lawsuits?

Exceptions to at-will employee laws

California is an at-will employment state, meaning that an employer can fire you for any reason at any time and without giving you any reason.

Exceptions to California’s at-will employment laws include:

• Violation of an implied contract by the employer
• A breach of good faith by the employer
• Violation of wrongful termination laws by the employer
• Fraud

An “implied” contract is a mutual understanding between an employee and employer, regardless of if the contract is written. A breach of good faith may include firing someone in a manner that is in violation of the company’s procedure. California’s carry extensive rules and regulations regarding wrongful termination; if your employer violates legal procedures, the employee may be entitled to financial compensation. Fraud may include providing a false reason for termination.

Violation of whistleblower protection laws

“Whistleblowers” are legally classified as employees that report illegal business misconduct to a government enforcement agency. Whistleblowing activities include, but are not limited to:

• Harassment
• Discrimination
• Violation of government regulations

California Labor Code 1102.5 protects whistleblowers for termination. Employers that violate LC 1102.5 when firing their employees may be engaging in wrongful termination.

Wrongful termination under the Fair Employment and Housing Act

California’s Fair Employment and Housing Act prohibits workplace harassment and discrimination. The act specifically makes it illegal for employers to terminate or retaliate against employees that report harassment or discrimination. Employees that were wrongfully terminated for reporting harassment or discrimination may be entitled to financial compensation from their employers.

Wrongful constructive termination

Under California’s wrongful constructive termination laws, employees do not need to be fired in order to sue for wrongful termination. An employee that permitted intolerable working conditions that forced an employee to resign.

An employee may have a wrongful constructive termination claim if:

• The employer purposefully or negligently created intolerant working conditions that forced a reasonable employee to resign AND
• The employee would not be able to formally terminate the employee

Wrongful termination for political views

California employees may be entitled to financial compensation if they are terminated for their political views. Under California law, employers are prohibited from regulating an employee’s speech; employees fired for political activities may be entitled to financial compensation.

Should I hire an attorney to handle my wrongful termination lawsuit?

Proving wrongful termination can be extremely difficult, especially when employers don’t provide a reason for termination. The average settlement for wrongful termination cases that used a lawyer is $48,800, compared to $19,200 for their non-lawyer counterparts.

Attorneys with specialized expertise in wrongful termination lawsuits can effectively navigate through California’s employment laws and properly protect your legal rights.

How much do wrongful termination cases settle for?

The value of your wrongful termination claim is dependent upon the given circumstances. Wrongfully terminated employees may be entitled to financial compensation for:

• Loss of income
• Lost benefits
• Emotional distress
• Other costs directly attributable to the wrongful termination
• Punitive damages

If you’ve been wrongfully terminated, you may be entitled to financial compensation. Contact us to get in touch with one of our wrongful termination lawyers. At your request, we can get you in touch with one of our female wrongful termination attorneys.

How are wrongful termination attorneys paid?

While most attorneys require upfront fees, our wrongful termination attorneys won’t charge you a dime unless you win your case.

FAQs About Wrongful Termination

Can an employer fire me without giving a reason?

If you are an at-will employee, your employer can fire you at any time without needing to give you a reason. Typically, employees will not give formal reasons for termination.

Can an at-will employee sue for wrongful termination?

At-will employees can sue their employers for wrongful termination only if they were fired for an illegal reason. If your employer did not provide a reason for your termination, you may not be able to sue them for wrongful termination. However, if you can prove that your employer violated your contract or California’s labor laws, you may have a wrongful termination claim.

Can I get my job back after I was wrongfully terminated?

Wrongfully terminated employees may seek possible reinstation through a court order. However, if you feel uncomfortable returning to your place of work, you may deny reinstation and seek financial compensation instead.

Can I sue for wrongful termination if my employer fired me on a discriminatory basis?

One of the most common forms of wrongful termination includes firing an employee in violation of anti-discrimination laws. California’s discrimination laws protect workers from being fired on the basis of their personal attributes. Employees fired or punished in a discriminatory manner may be entitled to financial compensation from their employers.

Can my employer fire me in retaliation?

The Equal Employment Opportunity Commission (EEOC) legally protects certain activities for California employees. The legally protected activities may include reporting harassment, taking medical leave, or suing an employer. Employees cannot be fired for taking such actions; California employers that fire employees in retaliation may be sued for wrongful termination.

Can an employer fire me in breach of our contract?

Employees fired in breach of implied, verbal, or written contracts may be experiencing wrongful termination. An employment contract may state that the employee can only be fired for certain reasons; terminating an employee for other reasons may be a violation of the contract, and subsequently, be considered wrongful termination.

Also, an employee cannot be fired in violation of the company’s termination policy. For example, a company policy may require a certain number of warnings before firing the employee; if these guidelines are not met, the employer may be engaging in wrongful termination.

Can a supervisor be liable for wrongful termination if there’s been a breach of implied contract in California?

Even if a supervisor or manager wrongfully fired you, the company that employs you will be liable for all monetary damages. Employees that wrongfully terminate other employees are not personally liable.

How long does a wrongful termination case take?

Once filed, a wrongful termination lawsuit can take between three months to three years to resolve

Can an independent contractor be wrongfully terminated?

Yes, independent contractors can be wrongfully terminated, especially if they’ve been misclassified as independent contractors when legally they are employees.

How long do you have I file a wrongful termination lawsuit?

California’s statute of limitations restricts the amount of time employees have to file wrongful termination lawsuits. In California, employees have

• Two years to file for wrongful termination in violation of an implied or verbal contract
• Two years to file for wrongful termination in violation of California Labor Code
• Two years to file a wrongful termination complaint in violation of the Fair Employment and Housing Act
• Three years to file for wrongful termination in violation of WARN Act
• Two years to file for wrongful termination of whistleblowers (under LC 1102.5)
• 180 days to file for wrongful termination of whistleblowers (under Sarbanes-Oxley Act)

Can a temporary employee sue for wrongful termination?

Yes, a temporary employee can sue for wrongful termination if their rights have been infringed, either through a breach of contract or a violation of labor laws.

How much compensation can you get for a wrongful termination lawsuit?

Wrongfully terminated employees may receive anywhere from a couple thousand to a few million dollars in settlements. There is no limit to an employee’s financial compensation in a wrongful termination lawsuit.

Can an attorney ethically represent multiple employees who were all wrongfully terminated?

Yes, a wrongful termination lawyer can file a class-action lawsuit against an employer on behalf of multiple employees. This is common practice.

Wrongful Termination – Attorney Principles

Your Rights, Our Priority

At Her Lawyer, your rights are our priority. Your attorney’s highest duty is to protect your legal rights and seek the maximum compensation on your behalf. Your attorney won’t get paid unless you do. Contact us today to get your free consultation with an experienced wrongful termination attorney.

Foresighted Actions

When dealing with matters as delicate as wrongful termination, its important to make deliberate and well-informed legal decisions. An attorney with specialized experience in wrongful termination can effectively navigate through California’s complex legal system, keeping you informed at every turn. You and your attorney will develop a legal strategy based on proactive measures rather than reactions.

Individualized Representation

We understand that no wrongful termination case is the same, so neither should their solutions. Based on your unique legal situation, needs, and preferences, we’ll match you with the most qualified attorney in your local area. Some clients may feel more comfortable being legally counseled and represented by a lawyer of the same sex; we will accommodate your needs. At your request, we’ll connect you with one of our female wrongful termination attorneys.