Employment Law

Employment Law – Wrongful Termination

Wrongful termination occurs when an employee is dismissed from their job for reasons that violate state or federal laws, employment contracts, or public policy. In California, while employment is generally "at-will," meaning employers can terminate employees without cause, there are important legal exceptions that protect workers from unlawful termination.

Examples of Wrongful Termination Include:

  • Discrimination:
    Terminating an employee based on protected traits such as race, gender, sexual orientation, age, disability, pregnancy, or religion.

  • Retaliation:
    Firing an employee for reporting illegal conduct, filing a workers' compensation claim, or refusing sexual advances.

  • Violation of Public Policy:
    Dismissing an employee for exercising a legal right, such as taking family or medical leave or reporting unsafe working conditions.

Understanding At-Will Employment in California

California is an at-will employment state, which generally allows employers to terminate employees for any reason or no reason at all. However, this rule has limits. Employers cannot fire workers for reasons that are illegal under state or federal law.

To prove wrongful termination, employees must demonstrate that their dismissal was more likely than not unlawful. This is known as proving the case by a preponderance of the evidence. Common evidence includes:

  • Direct proof of discrimination or retaliation.

  • Timing of termination in relation to protected activities.

  • Witness statements about discriminatory practices.

  • Patterns of excluding individuals from protected classes.

Common Types of Wrongful Termination Claims

  1. Discrimination Claims:
    Employers cannot terminate employees based on protected traits like race, gender, religion, or disability. For example:

    • Firing an employee due to pregnancy.

    • Denying promotions to employees based on racial or gender stereotypes.

  2. Retaliation Claims:
    Retaliation for filing complaints or exercising legal rights is illegal. Examples include:

    • Dismissing an employee after they report unsafe working conditions.

    • Firing someone for testifying in a co-worker's workers' compensation case.

  3. Violation of Family and Medical Leave Rights:
    Under the Family and Medical Leave Act (FMLA), eligible employees are entitled to unpaid leave for medical reasons, caring for a family member, or bonding with a new child. Termination for taking lawful leave is grounds for a wrongful termination lawsuit.

  4. Whistleblower Retaliation:
    Employees who report illegal activities or violations of public policy are protected from retaliation under California law. For example:

    • Reporting fraud, environmental hazards, or workplace safety violations.

  5. Wage and Hour Disputes:
    Workers cannot be terminated for demanding fair wages, overtime pay, or rest breaks.

Potential Liability for Employers

Employers found liable for wrongful termination may face significant consequences, including:

  • Compensatory Damages:
    Covering lost wages (back pay and front pay) and benefits.

  • Emotional Distress Damages:
    Compensation for the emotional impact of losing a job under unlawful circumstances.

  • Punitive Damages:
    Awarded in cases of egregious misconduct to deter future violations.

  • Attorney’s Fees and Court Costs:
    Employers may be ordered to cover the employee’s legal expenses.

  • Reinstatement:
    In some cases, employers may be required to reinstate the wrongfully terminated employee.

Steps to Take if You’ve Been Wrongfully Terminated

  1. Document the Incident:
    Keep records of any communication related to your dismissal, including termination letters, emails, or performance reviews. Save or keep any employee handbooks or onboarding material you may have.

  2. File a Complaint:
    Report your claim to the appropriate state or federal agency, such as the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC).

  3. Seek Legal Representation:
    An experienced employment lawyer can help you understand your rights, gather evidence, and build a strong case for compensation.

Potential Recovery and Maximizing Recovery for Wrongful Termination in California

Wrongful termination occurs when an employee is fired in violation of California’s employment laws, such as discrimination, retaliation, or breach of public policy. At Scott David Thomas Law, we help employees hold employers accountable for unlawful actions, ensuring that victims of wrongful termination recover the compensation they deserve.

Potential Recovery for Wrongful Termination Cases

Victims of wrongful termination in California may be entitled to compensation for both economic and non-economic damages. Depending on the circumstances, the following types of recovery may be available:

1. Economic Damages

  • Lost Wages:
    Compensation for the income you would have earned had you not been terminated, including back pay from the date of termination to the present.

  • Future Earnings:
    Damages for wages you are expected to lose due to the termination, particularly if your dismissal impacts your ability to find comparable work.

  • Lost Benefits:
    Recovery for the value of health insurance, retirement contributions, stock options, bonuses, and other benefits lost due to the termination.

2. Non-Economic Damages

  • Emotional Distress:
    Compensation for the stress, anxiety, depression, or humiliation caused by the termination.

  • Reputational Damage:
    Recovery for harm to your professional reputation that affects your ability to secure future employment.

3. Punitive Damages

In cases of egregious employer misconduct, such as intentional discrimination or retaliation, punitive damages may be awarded to punish the employer and deter future violations.

4. Attorney’s Fees and Costs

Under California law, successful wrongful termination claims may include reimbursement for attorney’s fees and court costs.

5. Reinstatement

In some cases, the court may order the employer to reinstate the employee to their previous position or a comparable role.

6. Interest

Employees may be entitled to interest on back pay and other monetary damages from the date of termination to the date of judgment or settlement.

Maximizing Recovery for Wrongful Termination Cases

Recovering full and fair compensation for wrongful termination requires a strategic approach. Here are key steps to maximize your recovery:

1. Document Everything

  • Maintain Records: Keep copies of emails, performance reviews, and any communications related to your termination.

  • Chronology of Events: Create a timeline of events leading up to and following your termination.

  • Collect Witness Statements: Identify co-workers or colleagues who can confirm your version of events.

2. Understand Your Employment Rights

Familiarize yourself with California’s wrongful termination laws, including protections under the Fair Employment and Housing Act (FEHA), federal laws like Title VII of the Civil Rights Act, and whistleblower protections.

3. File a Complaint with the Appropriate Agency

File a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC) to ensure your claim is properly documented and within the statute of limitations.

4. Avoid Actions That Harm Your Case

  • Don’t Sign Away Your Rights: Avoid signing severance agreements or releases without consulting an attorney, as they may waive your ability to pursue a claim.

  • Be Mindful of Social Media: Avoid posting about your termination or the ongoing case, as these statements could be used against you.

5. Consult an Experienced Employment Attorney

An attorney can:

  • Evaluate the strength of your case and identify applicable laws.

  • Determine the full value of your claim, including lost wages, benefits, and emotional damages.

  • Negotiate with your employer or their attorneys to secure a fair settlement.

  • Represent you in court if a settlement cannot be reached.

6. Pursue Alternative Dispute Resolution (ADR)

Consider mediation or arbitration as a way to resolve the case more quickly and cost-effectively while still pursuing fair compensation.

Contact Scott David Thomas Law for a Free Consultation

If you believe you’ve been wrongfully terminated, don’t wait to take action. Let Scott David Thomas Law help you navigate the complexities of California employment law and fight for the compensation you deserve.

Call today to schedule your free consultation and take the first step toward justice.

How Scott David Thomas Can Help

At Scott David Thomas Law, we understand how devastating wrongful termination can be for employees and their families. Our firm is dedicated to holding employers accountable and ensuring that workers receive the justice they deserve.

Our Services Include:

  • Evaluating your case to determine if you have grounds for a wrongful termination claim.

  • Gathering evidence and interviewing witnesses to build a strong case.

  • Filing complaints with the CRD, EEOC, or pursuing direct litigation.

  • Negotiating settlements or representing you in court to secure fair compensation.

Contact Us Today

If you believe you have been wrongfully terminated, you don’t have to face this alone. Scott David Thomas Law is here to fight for your rights and help you move forward with confidence.

Call us today for a free consultation and let us help you take the first step toward justice.