Best Wrongful Termination Lawyers in California

Wrongful termination

Have you been fired from your job for a reason beyond your control?

You may have a case against your former employer, our California wrongful termination lawyers can help you get justice and the compensation you deserve.

What is wrongful termination?

In California, wrongful termination refers to situations where an employee is fired in violation of the law.

This typically involves termination that infringes upon state and federal anti-discrimination laws, which prohibit employment decisions based on factors like race, religion, sex, disability, age (over 40), national origin, genetic information, marital status, sexual orientation, or gender identity and expression. 

Wrongful termination can also includes terminating or punishing an employee for exercising their legal rights such as:

  • Reporting harassment
  • Whistleblowing
  • Taking time off for jury duty
  • Refusing to engage in illegal activities

It’s important to note that while California is an “at-will” employment state, meaning that employers can fire employees without cause, there are exceptions to this when the employee can prove they have been terminated due to one or more of these reasons.

How do you file a wrongful termination claim in California

If you believe you have been wrongfully terminated by your employer, you have the option to commence a lawsuit in court. You must start this process within 2 years of your termination.

An experienced California employment lawyer can help you understand your rights, evaluate the strength of your case, and guide you through the process.

Before you can file a lawsuit in court, you often need to file a complaint or request a right-to-sue notice with the California Civil Rights Department, which enforces California’s civil rights laws.

After you receive a right-to-sue notice from the California Civil Rights Department, or if your case involves violations not covered by the California Civil Rights Department (such as breach of contract), you can file a lawsuit in court. The employment law team at Stalwart Law can help you draft and file a complaint, which initiates the lawsuit.

After filing a lawsuit, both sides will gather evidence during discovery, attempt to negotiate a settlement, and, if no settlement is reached, proceed to trial.

How do you proved a wrongful termination claim in California?

Proving a wrongful termination claim in California generally requires evidence to demonstrate that the employer’s reason for the termination was unlawful. Here’s what that may look like, depending on the specific type of wrongful termination claim:

Discrimination: If you claim that you were terminated due to discrimination, you must prove that you are a member of a protected class (based on race, religion, sex, age, etc.), that you were qualified for your position and performing your job duties satisfactorily, and that you were terminated without reason. If you were replaced by someone outside your protected class, this can strengthen your case. You can use direct evidence (like discriminatory comments) or indirect evidence (such as differential treatment).

Retaliation: If you claim that you were terminated in retaliation for a protected activity (like reporting harassment or whistleblowing), you must prove that you engaged in a protected activity, that you were subjected to an adverse employment action (like termination), and that there is a causal link between the protected activity and the adverse action.

Breach of Contract: If you claim that you were terminated in violation of an employment contract, you must prove that a contract existed, that you fulfilled your contractual obligations, that your employer did not, and that you suffered damages as a result.

Violation of Public Policy: If you claim that you were terminated in violation of public policy (like for serving on a jury or refusing to commit an illegal act), you must prove that your termination violated a fundamental public policy expressed in a constitutional or statutory provision.

Evidence can come from a variety of sources, including documents (like emails or performance reviews) or testimony from witnesses. The experienced employment attorneys at Stalwart Law can be helpful to understand the types of evidence that will be most persuasive in your specific case.

David Angeloff

How we help

Our California employment litigation attorneys have experience litigating all types of employment disputes, including wage and hour violations, wrongful terminations, discrimination, harassment, FMLA/CFRA, and whistleblower actions.  These cases often include scandalous allegations of misconduct in the workplace and we are careful to work closely with our clients to verify relevant facts, while being sensitive to the parties’ and other witnesses’ reputations.

Frequently Asked Questions about Wrongful Termination

  • What Are Some Examples of Unfair and Unlawful Firing?
  • What kind of terminations are considered wrongful?
  • How does at will employment affect wrongful termination cases?
  • How long do I have to file for wrongful termination in California?
  • Can my boss fire me just because he doesn’t like me?
  • Can I be fired for whistleblowing in California?
  • Can I be fired for taking too much sick leave?
  • How much compensation can I get for wrongful termination?

Schedule a free consultation with our team of Employment Lawyers

Best Lawyers

Our Location

Stalwart Los Angeles Office

8752 Holloway Drive
West Hollywood, CA 90069
Phone: (310) 954-2000

How to get to our office

To get to our office from downtown Los Angeles we recommend the following methods.

Subway -The journey time between downtown Los Angeles and Hollywood is roughly 18 min. It’s operated by Metro Los Angeles, the Los Angeles to Hollywood subway service departs from Civic Center / Grand Park Station and arrives in Hollywood / Vine Station. Normally 524 subways run weekly.

Taxi -The journey time between downtown Los Angeles and Hollywood is roughly 8 min, depending on traffic, and depending on pickup location, is roughly 6.5 miles. Some of the taxi companies in the area are United Taxi, LA City Cab and Rosie Taxi Cab.

Bus -The journey time between downtown Los Angeles and Hollywood is roughly 30 min. It’s operated by Metro Los Angeles, the Los Angeles to Hollywood service departs from Broadway / 1st and arrives in Santa Monica / Bronson. Normally the bus runs run daily.

Car – Driving time from downtown Los Angeles to Hollywood is roughly 10 minutes depending on traffic. On average, parking lots and garages charge $1.00 per hour and $6.00 per day. On street parking costs $1.00 per hour. 

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