Northridge Wrongful Termination Attorney
Representing Wrongfully Terminated Workers Across the San Fernando Valley
Have you been wrongfully fired or laid off from your job? Under certain circumstances, you can file a wrongful termination claim against your employer.
K2 Employment Law can provide the legal guidance you need to determine if your wrongful termination claim has merit. Our wrongful termination attorneys in Northridge have considerable experience in this field of law, including experience representing employers, so we know how your employer will likely operate to fight your claim. You can get started with understanding where you stand and how best to proceed by discussing your employment case with one of our Harassment lawyers in a free and confidential consultation.
Call K2 Employment Law today at (800) 590-7674 or contact us online to schedule a consultation with our wrongful termination lawyer in Northridge.
What is Considered Wrongful Termination in California?
In California, wrongful termination refers to the unlawful firing of an employee based on certain protected characteristics or discriminatory reasons.
Here are some examples of what is considered wrongful termination in California:
- Discrimination: Termination based on an employee's race, color, national origin, gender, religion, age (over 40), disability, pregnancy, or sexual orientation.
- Retaliation: Firing an employee as a form of retaliation for engaging in protected activities, such as reporting workplace misconduct, participating in a discrimination investigation, or taking medical leave.
- Breach of Contract: Terminating an employee in violation of an employment contract or agreement.
- Whistleblower Retaliation: Wrongful termination for reporting illegal activities, health and safety violations, or other misconduct within the company.
- Public Policy Violation: Firing an employee for reasons that violate public policy, such as refusing to participate in illegal activities or exercising legal rights.
- Constructive Discharge: Creating a work environment so intolerable that the employee is forced to resign.
What is Considered to Not be Wrongful Termination in California?
If you were dismissed for any of the following legal and legitimate reasons, you were NOT wrongfully terminated:
- Mass Layoffs
- Weak Performance
- Budget Cutbacks
- Bankruptcy
- At Fault Action
wrongful termination and at-will employment in CA
California follows the at-will employment doctrine, which means that employers can generally terminate employees for any reason, as long as it is not illegal. Similarly, employees have the freedom to resign from their positions without providing a reason. However, this doctrine is not absolute, as there are exceptions based on public policy, implied contracts, and implied covenants of good faith and fair dealing.
Intersection of Wrongful Termination and At-Will Employment:
Despite being an at-will employment state, California places significant limitations on employers' ability to terminate employees. Employers cannot fire employees for reasons that violate state or federal laws, breach employment contracts, or contravene public policy. If an employee believes they were wrongfully terminated, they can pursue legal action to seek remedies such as reinstatement, back pay, compensatory damages, and punitive damages.
Understanding the nuances of wrongful termination and at-will employment in California is crucial for both employers and employees to ensure fair treatment and compliance with the state's labor laws. Seeking legal advice from professionals well-versed in California employment law can help navigate these complex issues effectively.
If you believe you were wrongfully terminated and experienced unfair treatment at your past workplace, do not hesitate to contact our Northridge wrongful termination attorneys at K2 Employment Law. Call us today.
Fired Without Cause in California
Like other states, California operates on the concept that employees work at will, meaning they can be fired when an employer sees fit, whether with or without notice. However, employers are prohibited from firing anyone for the wrong reasons. Should you lose your job based on reasons prohibited by the law, you may have the grounds for a claim.
Call our wrongful termination lawyer in Northridge at (800) 590-7674 or contact us online for legal counsel concerning your wrongful termination case today.
The Law Regarding Wrongful Termination in California
The law prohibits firing an employee in the following situations:
- In violation of a written or implied contract, such as in an employee handbook that states you cannot be fired without good cause
- In violation of public policy, such as a discriminatory action based on your race, color, national origin, sex, pregnancy, age, disability, sexual orientation, medical condition, and other protected categories
- In retaliation against your complaints to the company of unlawful or unethical conduct or your actions as a whistleblower in disclosing such activity to the appropriate authorities
- In retaliation against your workers’ compensation claim
- In retaliation for exercising any right protected under either state or federal employment law
- Because you exercised a legal obligation, such as jury duty
- Because you filed a complaint about workplace harassment, sexual harassment, or discrimination
- For taking medical leave under the Family and Medical Leave Act (FMLA)
You may be eligible for damages in a wrongful termination claim, which may include the wages and benefits you have lost, compensation for the stress of losing your employment, and attorneys’ fees and court costs. Punitive damages may also apply against employers who have willfully committed wrongful actions.
How to File a Wrongful Termination Claim
Filing a wrongful termination claim requires a strategic approach to gathering evidence, understanding relevant employment laws, and navigating the legal system effectively. The following steps outline the process of filing a wrongful termination claim:
- Document the Events: Begin by documenting the circumstances surrounding your termination. Keep a detailed record of relevant dates, events, conversations, and any supporting documents, such as emails or performance reviews.
- Review Employment Contract and Company Policies: Analyze your employment contract and applicable company policies to identify potential violations. This step helps establish a basis for your wrongful termination claim.
- Consult with K2 Employment Law: Consult with our Northridge wrongful termination attorneys. During this meeting, we will assess the facts of your case, evaluate the strength of your claim, and provide personalized legal advice.
- File a Complaint with the Appropriate Agency: Relying on the nature of your claim, you may need to file a complaint with a relevant government agency, such as the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH).
- Negotiate with Your Employer: Before proceeding to litigation, we will attempt to negotiate a resolution with your employer through mediation or settlement discussions. This step aims to achieve a favorable outcome without a protracted legal battle.
- File a Lawsuit: If negotiations prove unsuccessful, we will advise you to file a lawsuit against your employer. We will work tirelessly to build a strong case and represent your interests in court.
Contact Our Wrongful Termination lAwyers in Northridge Today
The only way you will know if your case has merit is to consult with a knowledgeable attorney. Our firm focuses its practice exclusively on employment law, and we have helped countless individuals throughout the San Fernando Valley reach satisfactory results in all types of employment disputes.
We are available at (800) 590-7674 or you can contact us online to request a free, initial consultation with one of our Northridge wrongful termination attorneys.
