Los Angeles, CA Wrongful Termination Lawyer

How To Prove Wrongful Termination

Proving wrongful termination when no explicit reason is provided for your dismissal can be challenging but not impossible. In such cases, the burden of proof often shifts to circumstantial evidence that suggests your termination was unlawful. Some strategies our team can implement include performance evaluations, witness testimonies, discrimination or retaliation history, and comparative evidence. 

If you have a history of positive performance evaluations or promotions, this can be used to challenge the notion that your performance was the reason for your termination. Coworkers who observed your work and the circumstances leading to your termination may provide valuable witness testimonies to support your case. 

If you have a documented history of raising concerns about workplace discrimination, harassment, or retaliation, it can be used to argue that your termination was related to your protected activities. Comparing your treatment to that of other employees who were not terminated or who were treated differently can help establish disparate treatment.

The Burden Of Proof

In wrongful termination cases, the burden of proof lies with the employee to demonstrate that their dismissal violated legal protections. Evidence might include emails, performance reviews, witness testimony, or patterns of unequal treatment compared to peers. Employers often argue that terminations were based on legitimate business reasons unrelated to unlawful motives. A successful wrongful termination case hinges on the strength and relevance of the evidence presented by the employee.

Recognizing Discrimination

Discrimination in the workplace occurs when an employer terminates an employee based on a protected characteristic. These characteristics include, but are not limited to, race, gender, age, religion, disability, national origin, or sexual orientation. Both state and federal laws protect employees from discrimination, ensuring that personal attributes unrelated to job performance cannot legally serve as grounds for termination. Employees who believe their dismissal was discriminatory may pursue a wrongful termination claim under statutes like California’s Fair Employment and Housing Act (FEHA) or Title VII of the Civil Rights Act.

Facing Retaliation

Retaliation occurs when an employer punishes an employee for engaging in legally protected activities. Common examples include terminating an employee who has reported workplace harassment, filed a discrimination claim, or acted as a whistleblower by exposing illegal activities. Retaliation is explicitly prohibited under various employment laws, including FEHA and the Occupational Safety and Health Act (OSHA). Proving retaliation often involves demonstrating a clear link between the protected activity and the adverse employment action, such as timing or direct evidence.

The Family And Medical Leave Act

The Family and Medical Leave Act provides eligible employees with up to 12 weeks of unpaid leave annually for qualifying reasons, such as the birth of a child, the care of a family member with a serious health condition, or recovery from a personal medical condition. In California, this law is supplemented by the California Family Rights Act (CFRA), which offers similar protections. Employees cannot legally lose their jobs for taking approved leave under these statutes, making terminations in such situations potentially unlawful.

California Wrongful Termination Laws

There are comprehensive laws concerning wrongful termination, which provide affected workers with many legal protections that they depend on. As wrongful termination lawyers know, we understand the importance of these laws and how they can safeguard your rights in the workplace. In this article, we will delve into the specific laws related to wrongful termination in California, providing you with a comprehensive overview of your rights as an employee.

At-Will Employment in California

One key aspect of California employment law is the concept of “at-will” employment. California is an at-will employment state, which means that, in the absence of an employment contract that specifies otherwise, both the employer and employee can terminate the employment relationship at any time, for any reason, with or without cause. Despite this, it does not grant employers the ability to unjustly fire their employees.

Protection From Discrimination

California’s laws prevent employers from terminating their employees for certain reasons. Employers are prohibited from firing employees on the basis of discrimination, retaliation, or in violation of public policy. Discrimination includes termination based on an employee’s race, gender, religion, sexual orientation, disability, or other protected characteristics. Retaliation occurs when an employer terminates an employee for engaging in protected activities, such as reporting workplace harassment or safety violations. Termination in violation of public policy refers to situations where an employer fires an employee for refusing to engage in illegal activities or exercising legal rights, like taking family or medical leave.

Family And Medical Leave

California also extends protection to employees through the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). These laws allow eligible employees to take up to 12 weeks of unpaid leave in a 12-month period for certain family or medical reasons. Employers are prohibited from terminating employees for taking protected leave or retaliating against them in any way. An employer is not legally allowed to terminate employees for deciding to take protected leave or committing retaliatory actions against them.

Compensation Beyond Lost Wages

In a wrongful termination case, you may seek compensation beyond lost wages. Depending on the specifics of your case and the law, you may qualify for compensation for emotional distress, attorney’s fees, and punitive damages. Emotional distress represents compensation for the emotional suffering, distress, and psychological impact caused by the wrongful termination. If your wrongful termination case prevails in court, you may be entitled to recover attorney’s fees, ensuring that the cost of legal representation does not become an additional burden for you. In cases where your employer’s actions were particularly egregious, punitive damages may be awarded to punish the employer and deter similar conduct in the future.

Steps To Take If You Have Been Wrongfully Terminated

Many employers who fire someone wrongfully will hide behind a legitimate reason when they terminate them. This is one of the reasons it can make it so difficult to prove that your employer wrongfully terminated you. 

Your lawyer will work tirelessly to prove that not only is your employer incorrect in stating that you had poor performance or violated company policy, but that you were fired based on things such as your gender, your race, or even retaliation. You will need to have evidence like witness statements, emails, video footage, or other paper trails that can show your employer’s intention when firing you. 

If your employer fired you shortly after you made some kind of complaint, has displayed a pattern of excluding you (and others of a protected class), has a history of complaints, or has a history of making jokes that are discriminatory, this may also help your case. By following the steps below, you can set yourself up for a successful wrongful termination claim.

Gather Evidence And Document Everything

Gathering as much persuasive and diverse evidence as possible is central to preparing a case. Begin by collecting all relevant documents related to your employment, including your contract, pay stubs, performance evaluations, and any emails or messages that may support your claims. Remember to take notes of incidents, conversations, or actions that led to your termination. Documenting everything promptly and accurately will help you establish a clear timeline of events and strengthen your case.

Consult An Employment Attorney

Seeking professional legal advice is crucial when facing wrongful termination. Schedule a consultation with an experienced employment attorney who specializes in labor laws and wrongful termination cases. They can assess the details of your situation, provide guidance on your rights, and help you understand the legal options available to you. A skilled Los Angeles wrongful termination lawyer can guide you through every part of the process and ensure that your complaint is filed properly.

File A Complaint With The Relevant Authorities

Depending on your jurisdiction, there may be different entities you can report your wrongful termination to. Start by filing a complaint with the appropriate government agency responsible for labor and employment issues. In the United States, this could be the Equal Employment Opportunity Commission (EEOC) or the relevant state agency. Be sure to include your documentation when you are filing your complaint. These agencies will investigate your claim and may take legal action on your behalf or issue a right-to-sue letter.

Explore Mediation Or Legal Action

Explore possible resolutions that can be effective for your case. Mediation can be an effective alternative to a lengthy court battle. It involves a neutral third party who helps facilitate a discussion between you and your former employer to reach a mutually agreeable resolution. Mediation can save time, money, and provide an opportunity for a resolution without going to court.

If for whatever reason mediation does not yield success, you can look to your lawyer for further guidance. Your attorney will guide you through the process, including filing the necessary legal documents, representing you in court, and seeking compensation for lost wages, emotional distress, or other damages resulting from the wrongful termination.

For personalized legal assistance regarding wrongful termination, contact our skilled attorneys at Seber Bulger Law as soon as possible.

Los Angeles Wrongful Termination Infographic

Los Angeles Wrongful Termination Statistics

According to the Center for American Progress, approximately one in five workers in this country have experienced wrongful termination at some point in their careers. Federal and state law allows injured employees to pursue legal action against an employer if they have been wrongfully terminated. It is estimated that the worker prevails in approximately 60 percent of these cases. To learn more, call our office to speak with our California wrongful termination lawyer.

Wrongful Termination FAQs

If you feel you’ve been fired without good cause, we can help you fight back. Read on to learn more about wrongful termination, and get in touch with our legal team at Seber Bulger Law to get started on your case.

What Qualifies As Wrongful Termination?

Wrongful termination occurs when an employer unlawfully terminates an employee’s contract. In most cases, employment is “at-will,” allowing employers and employees to end the working relationship without cause.

However, there are some important exceptions. If an employee speaks out against unsafe, illegal, or unethical practices and faces retaliation as a whistleblower, they may be protected from wrongful termination. The same applies for refusing to do illegal tasks, or firings that were due to discrimination.

What If I Was Fired For Refusing To Do Something Illegal?

An employee cannot be fired for refusing to engage in illegal activities, regardless of their job position. If an employer requests an employee to participate in illegal actions and subsequently terminates their employment for refusing to comply, the employee has the right to seek compensation for wrongful termination. If this sounds familiar, get in touch with our wrongful termination lawyer as soon as possible.

What Are Examples Of Wrongful Termination?

Wrongful termination can take various forms. In some cases, an employee may be wrongfully terminated due to discrimination. Discrimination in the workplace can manifest based on age, race, gender, religion, or other protected characteristics. Examples include age discrimination, being denied opportunities for growth based on age, racial discrimination, experiencing bias or being sidelined based on race during promotions or job assignments, gender discrimination, receiving unequal pay compared to colleagues of a different gender, religious discrimination, and more.

How Can Wrongful Termination Lead To A Hostile Work Environment?

Wrongful termination, discrimination, and retaliation can foster a hostile work environment, making it incredibly challenging for employees to return to work with a sense of security and peace of mind. Such an environment negatively impacts an employee’s emotional well-being and can hinder their productivity and job satisfaction.

Why Should I Seek Legal Assistance?

If you believe you have been wrongfully terminated, or if you’re facing retaliation and discrimination at the workplace, you should seek legal counsel from an employment litigation lawyer.

We can help you understand your rights, assess the merits of your case, and guide you through the legal process. Our employment lawyers will be a strong advocate for your cause, fighting to protect your employee rights and seeking appropriate compensation for the harm caused by the wrongful termination.

Can I Sue For Wrongful Termination If My Employment Contract Has A Termination Clause?

Yes, even if your employment contract has a termination clause, you can pursue wrongful termination by working with our Los Angeles wrongful termination attorney. Employment contracts often involve complex legal considerations, and the mere presence of such a clause doesn’t necessarily exempt your employer from potential liability for wrongful termination. Consulting with Seber Bulger Law is crucial in assessing the validity of your case. 

Contact Our Los Angeles Firm Today

Wrongful termination is a serious issue that demands attention and action. Employees have the right to a fair and respectful workplace, free from discrimination, retaliation, and unethical practices. One of the most distressing and frustrating experiences anyone can experience is being unlawfully fired.

 However, it’s crucial to stay calm, focused, and take appropriate actions to protect your rights and seek justice. If you find yourself in such a situation, here are four essential steps you should consider taking after being wrongfully terminated.

If you believe you’ve been wrongfully terminated or subjected to discrimination, get in touch with the team at Seber Bulger Law today. We can provide the necessary guidance, support, and legal representation to help you seek justice and compensation.