Best Wrongful Termination Lawyers 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.