Best Wrongful Termination Lawyers in California
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 something other than a work-performance related reason, where an employer fires an employee for exercising their legal rights, such as:
- Requesting reasonable accommodations for a physical disability
- Reporting harassment
- Taking a protected medical leave
- 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.
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 with the Department of Fair Employment and Housing (DEFH), which enforces California’s civil rights laws. After the DFEH investigates your complaint, it may issue you a right-to-sue notice, which allows you to proceed with your 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 prove 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 subject to some adverse employment action, such as a termination, because of your protected class. 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 repeated exclusions.
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. Written evidence may be required in this case.
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), testimony from witnesses, or statistical data. The experienced employment attorneys at Stalwart Law can help you understand the types of evidence that will be most persuasive in your specific case.
How we help
Our California employment litigation attorneys have experience litigating all types of employment disputes, including wage and hour violations, wrongful termination, 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
How our team of Medical Malpractice attorneys can help you
Dr. Steven Heimberg was voted the #1 Medical Malpractice lawyer in the US for 6 years. He earned this award by consistently securing some of the largest Medical Malpractice settlements and verdicts in Californian history.
He was also recently awarded the title of Elite Trial Lawyers by The National Law Journal, effectively naming him the best medical malpractice lawyer in the nation. He earned this distinction because he secured some of the largest verdicts and settlements in California for our clients.
Dr. Heimberg and our whole team is by your side every step of the way to help you win your medical malpractice claim and receive the compensation you deserve.
Schedule a free consultation with our team of employment attorneys and lawyers
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.