What to Know If You Were Wrongfully Terminated in California
Were you fired without cause from your work? You might have a valid wrongful termination claim. In order to take legal action, you need to speak with an attorney about your rights. Depending on the situation, you may be entitled to compensation from your employer. It is important to act fast since you only have a limited amount of time to file a claim.
At Levin & Nalbandyan, LLP, we represent individuals who were wrongfully terminated from their employment in California. Our lawyers have over three decades of combined legal experience and will work to get you the most favorable outcome possible in your case. We have recovered millions on behalf of clients throughout Los Angeles and the nearby areas. Contact our office today to schedule a free, no-obligation consultation.
What Is Wrongful Termination?
Wrongful termination occurs when an employer fires you in violation of state or federal law. If you are wrongfully terminated from your employment in California, you might be able to take legal action against your employer.
You may have a valid legal claim if you were terminated in violation of:
- A state or federal anti-discrimination law
- Your employment contract (breach of contract)
- Public policy
- A whistleblower policy
- The WARN Act
One of the most common reasons individuals can file a wrongful termination lawsuit is when they are fired because of filing a workers’ compensation claim or taking leave.
An employer cannot terminate an employee in retaliation for filing a claim, such as due to a wage and labor dispute, or for taking allowed time off, such as parental leave.
If you believe that you were wrongfully terminated from your job, you should speak with an employment lawyer as soon as possible.
At-Will Employment
In California, most employees are considered at-will employees. At-will employment allows an employer to terminate you without cause. However, the right to terminate is not absolute. An employer cannot fire you in violation of state or federal law or in retaliation for reporting sexual harassment, discrimination, or other misconduct.
If you were terminated as a result of discrimination or in breach of your employment contract, you may still have a valid claim for damages, even if you were hired as an at-will employee. It is essential to consult with an attorney about your case. An attorney can help determine whether your termination was lawful and whether your employer followed all applicable state and federal laws related to your firing.
How Long Do You Have to Sue for Wrongful Termination?
The length of time that you have to sue for wrongful termination in California depends on the reason you were fired. In general, you have either two or three years to file a lawsuit based on wrongful termination.
Statutes of limitation for wrongful termination in California:
- Breach of implied contract: For a wrongful termination claim based on a breach of an implied contract, you have two years from the date of termination to file a lawsuit. The right is codified into law under the California Code of Civil Procedure Section 339.
- Violation of public policy: Individuals who were fired in breach of public policy may have up to two years from the date of termination to file a lawsuit. Labor Code Section 1197.5 gives employees up to two years to file a claim; however, an employee may have an additional year if the violation was wilful.
- Violation of the WARN Act: If you were laid off in violation of the WARN Act, you may have up to three years to file a lawsuit. It is imperative to consult with an attorney about your rights under the WARN Act prior to filing a claim.
- Whistleblower retaliation: If you were fired in retaliation for filing a whistleblower complaint, you generally have up to three years to file a cause of action.
- Retaliation claim under the FEHA: As with whistleblower retaliation claims, you have three years from the date of termination to file a lawsuit if you were wrongfully terminated in retaliation for filing a claim under the Fair Employment and Housing Act (FEHA).
If you believe that you were wrongfully terminated, it is important to act quickly. If you fail to file a claim within the statute of limitations, your case may be dismissed. A wrongful termination attorney can help determine which statutes apply to your case and how quickly you need to pursue a lawsuit.
Even if you were an at-will employee, you may still have the right to sue your employer. An employer is prohibited from firing you if it involves discrimination, retaliation, or a violation of public policy. Working with an attorney can help provide you with the legal solutions you need to secure compensation for your damages.
How to Prove Wrongful Termination
If you were fired with no cause, you should consider speaking with an attorney. While it can be challenging to prove wrongful termination, if you were an at-will employee, you may still have a valid cause of action. Employment at will does not prevent you from filing a legal claim if the termination was in violation of state or federal law or in breach of your contract.
In order to prove wrongful termination, it is essential to provide as much evidence as possible. Evidence that may support your claim includes your employee handbook or contract, any correspondence related to your firing, documentation of discrimination or harassment, and a copy of any claims that you filed against your employer. The more information you can provide, the stronger your case may be.
Will Your Case Go to Court?
While not all wrongful termination cases go to court, it is important to work with an attorney who is unafraid to take the matter to trial to get the results you deserve. Many cases settle prior to going to trial. A favorable settlement can be negotiated at any time prior to trial and even up until a decision is reached by the court.
Working with an attorney who is prepared to take your case to trial can help ensure you receive the best possible outcome in your case. While many attorneys claim to be trial lawyers, few actually are. Many attorneys are eager to settle cases in order to secure a quick recovery on the case. Unfortunately, early settlement offers rarely reflect the true value of the case.
An attorney should be ready and willing to take your case to trial. An employer may be more likely to settle for a higher amount in order to avoid lengthy litigation. If your lawyer is not willing to go to trial, they may lose the upper hand and end up having to settle for less than what your case is worth.
Damages in a Wrongful Termination Lawsuit
Damages in a wrongful termination lawsuit generally depend on the type of claim that is filed. Depending on the situation, you might be entitled to compensation for your lost wages, medical bills, lost benefits, pain and suffering, and more.
A wrongful termination can affect many aspects of your life. It can cause severe emotional distress. It may harm your family if you were the sole provider or the primary breadwinner. You have the right to pursue all legal remedies if you were terminated in violation of state or federal law. Working with an attorney can help ensure you receive the maximum damages allowed under California law.
Employment Lawyers You Can Trust
At Levin & Nalbandyan Trial Lawyers, our legal team is well-versed in handling even the most difficult cases. We are known throughout the legal community for our dedicated advocacy for employees who have been wronged. Our attorneys are seasoned trial lawyers who have secured multiple multi-million dollar settlements and jury verdicts for clients throughout Los Angeles and Southern California.
We recently obtained a $10 million jury verdict against the Sheriff’s Department in Sutter County for a former deputy sheriff who was wrongfully terminated. Our client was repeatedly sexually harassed by her supervisor and co-worker. Despite reporting the harassment, nothing was done. The harassment caused her to take a six-week medical leave. She was fired when she returned from her disability-related medical leave.
Our lawyers also secured an over $3.4 million arbitration award for a hospital nurse who was fired because of his disability and an over $3.3 million recovery for a worker who was fired after returning to work from surgery.
Levin & Nalbandyan Trial Lawyers
Were you wrongfully terminated from your California employment? The trial lawyers at Levin & Nalbandyan may be able to help. Our knowledgeable legal team will help guide you through the legal process and work to secure you the best possible outcome in your case.
It is important to consult with an employment law attorney as early in the process as possible to determine whether you have a valid claim against your employer. Our firm accepts cases on a contingency basis. This means that you pay no fees unless money is recovered on your behalf.
Contact our office today to schedule a free case consultation. All consultations are provided without obligation to retain our services.
