WRONGFUL TERMINATION
Orange County Wrongful Termination Attorneys
You walk into work on a Monday morning, coffee in hand, ready to tackle the week ahead. But instead of your usual routine, you’re called into a meeting. Your heart sinks as you hear, “We’re letting you go.” Confusion and questions flood your mind: Was it something you did? Was this even legal?
If you’ve ever faced an unexpected termination, you know the shock, confusion, and fear that follows. But what if that termination wasn’t just unexpected—what if it was illegal?
Wrongful termination occurs when an employee is unjustly fired from their job. The reasons for wrongful termination can vary, but they typically involve situations where the employer violated the rights of the employee. In California, employees are deemed to be “at-will,” which means that either the employer or the employee can terminate the employment relationship at any time, for any reason, or for no reason at all, as long as it is not unlawful.
WRONGFUL TERMINATION
Common Types of Wrongful Termination
Discrimination-based Termination
It’s illegal to fire someone based on protected characteristics under Title VII of the Civil Rights Act of 1964 and various state laws. These characteristics include:
- Age (40 and over)
- Race or color
- National origin
- Gender or sex
- Religion
- Disability
- Pregnancy
- Sexual orientation
Examples of discriminatory practices:
- Firing older workers to hire younger, cheaper employees
- Terminating an employee who becomes pregnant
- Dismissing workers who don’t conform to gender stereotypes
Retaliation
Employers cannot fire you for exercising your legal rights. These rights include whistleblower protection, which means that you can’t be fired for reporting illegal activities within your company.
Violation of Public Policy
Termination for reasons that are against public policy is against the law. For instance, firing an employee for taking time off to serve on a jury or for exercising their legal rights can be considered a violation of public policy.
Breach of Contract
If you have a written employment contract, terminating you before the contract’s end date without proper cause may be a breach of contract. Written contracts often include specific terms about termination procedures.
Constructive Discharge
Constructive discharge occurs when an employer creates a hostile work environment, forcing the employee to resign. This may involve harassment or significant changes to job duties that make the work environment untenable.
Signs You May Have Been Wrongfully Terminated
- Sudden Change in Performance Evaluations:
If your performance evaluations suddenly deteriorate before your termination, it may indicate wrongful termination. Consistent negative evaluations without prior issues can be a red flag. - Discriminatory Comments or Behavior:
Comments or behavior from supervisors or colleagues that suggest bias based on protected characteristics may signal discriminatory termination practices. - Termination Shortly After Exercising Legal Rights:
If you are terminated soon after asserting your legal rights, such as taking family leave or reporting unsafe conditions, it may be a case of retaliation. - Violation of Company Policies or Procedures:
A termination that does not follow established company policies or procedures may indicate wrongful termination. Companies are typically required to adhere to their own rules. - Inconsistent Treatment Compared to Other Employees:
If you are treated differently than other employees in similar situations, this inconsistency may suggest wrongful termination. For example, if other employees with similar issues were not terminated, this disparity could be a concern.
WRONGFUL TERMINATION
Steps to Take If You Suspect Wrongful Termination
Retaliation isn’t always as blatant as a pink slip. Often, it’s insidious, creeping into your work life in ways that can be hard to pin down. Here are some of the most common forms:
Thankfully, there are some steps you can take to ensure that your legal rights are protected and that you obtain any legal relief that the law entitles you to. These steps are discussed in detail below.
01
Document Everything
Keep detailed records of all relevant communications, performance evaluations, and any incidents leading up to your termination. Keep in mind that even “unofficial” communications like text messages or written notes can be relevant to your case. Documentation is crucial for protecting your rights.
02
Review Employee Handbook and Contracts
Check your employee handbook and your employment contracts to understand your rights and the procedures your employer should follow. This will help you identify if your termination was handled improperly.
03
Gather Evidence
Collect evidence that supports your claim, including emails, witness statements, and performance reviews. Strong evidence is essential for building a compelling case.
04
File an Internal Complaint (If Applicable)
If your company has an internal complaint process, file a complaint to address your concerns. This can sometimes resolve issues without needing legal action and demonstrates that you have attempted to resolve the matter internally.
05
Contact an Employment Lawyer in Orange County
An experienced employment lawyer can provide guidance on your case and help you understand your legal options. They can assist with gathering evidence, filing claims, and representing you in negotiations or court.
Statute of Limitations for Wrongful Termination in California
If you’ve been fired, you should be aware that you have a limited amount of time to take legal action. The statute of limitations for wrongful termination claims can vary depending on the nature of the claim.
- California State Claims
For most wrongful termination claims under California state law, you typically have two years from the date of termination to file a lawsuit. This includes claims related to breach of contract, public policy violations, and other wrongful dismissal issues. - Federal Claims
If your wrongful termination involves federal laws, such as those related to discrimination under Title VII of the Civil Rights Act, you generally have 180 days from the date of the termination to file a charge with the Equal Employment Opportunity Commission (EEOC). This deadline can be extended to 300 days if the claim is filed with a state or local fair employment practices agency.
Acting promptly is essential, as missing these deadlines can bar you from pursuing legal remedies. The sooner you act, the stronger your case will be.