At the Leichter Law Firm, APC, Aryeh Leichter, the Irvine wrongful termination attorney protects the rights of all California workers who have been unlawfully discharged from their jobs — no matter where they work.
The challenge for most employees is proving they were fired for an unlawful reason.
California employers know that the state operates under at-will employment, where an employer may terminate an employee at any time for any reason without facing legal action. This means they will go to great lengths to ensure releasing an employee follows the legal standard.
The reality is, employees who are unlawfully released know when the legal line has been crossed. However, they have the burden of proof that their termination was wrongful, which often makes them shy away from pursuing damages.
The Irvine wrongful termination lawyer at the Leichter Law Firm, APC can help provide the legal representation his clients need to prove unlawful actions were taken against an employee, so they can pursue the legal remedy that fits their unique circumstances.
Here is what California employees need to know about meeting the legal threshold to pursue wrongful termination claims.
How is Wrongful Termination Defined in California?
Wrongful termination in California occurs when an employee is fired for an illegal reason, which may involve a violation of federal or state anti-discrimination laws, whistleblowing protection, or a contractual breach.
Employees cannot be terminated, demoted, passed over for promotion, or otherwise have adverse action taken against them by an employer because of the following:
- Asking for reasonable accommodations related to a disability
- An employee’s refusal to commit an illegal act
- Breach of good faith
- Breach of Employment Contract
- Discrimination for age, race, sex/gender, disability, national origin, or another protected category
- Retaliation and whistleblower claims
- Public Policy
- Wage and Hour disputes
If you have reason to believe you were wrongfully terminated by your California employer, contact the Leichter Law Firm, APC wrongful termination lawyer in Irvine today to learn more about your legal rights and options to pursue your employer for the outcome you deserve.
How Can I Prove I Was Wrongfully Terminated in California?
Since California is an at-will employment state, an employer may release an employee at any time, for any reason, except an illegal one.
When that time comes, the employer will often offer a reason, which may include poor performance, lack of productivity, attendance, dishonesty, or breaking company rules. When these types of reasons hold no merit, it is time to talk to an experienced Irvine unlawful termination attorney.
In most cases, employees who have suffered from discrimination or harassment, and have been subjected to a hostile work environment can see through their employer’s reasons for terminating them. The challenge is proving the employer’s stated reason for the discharge was false, and that the termination was for an illegal reason.
Common ways to help support your claim of wrongful termination are clear documentation regarding your work history, and a link between your actions and why you believe you have been fired.
These circumstances are different for all wrongfully terminated employees. For instance, if you have been wrongfully terminated for reporting unsafe working conditions, your attorney will need to draw a legal connection between your report, interim treatment, and your discharge. If you believe you were released for discriminatory reasons, your attorney will need to connect proof of a hostile work environment to your firing.
To ensure your wrongful termination claim is supported, it is important to record and maintain any record of harassment, discrimination, or hostile treatment by your employer or coworkers from the moment it starts. This will help build your claim with facts and allow you to pursue the legal remedies that hold your employer accountable for their unlawful actions.
What Type of Legal Remedies May I Pursue After Being Wrongfully Terminated in California?
At The Leichter Law Firm, APC the unlawful termination lawyer in Irvine enforces the California laws that provide a variety of legal remedies for victims of wrongful termination.
While every case is unique, that may include:
- Compensation for Lost Wages
- Lost Benefits
- Emotional Distress
- Physical Pain
- Loss of Professional Reputation
- Attorney’s Fees
- Punitive Damages
In some cases, a California employer may present a severance agreement at the time of your termination that includes a financial component or other benefits to end the employment relationship. While in some cases severance packages are provided to help the employee transition to a new position elsewhere, some are designed to release the employer from legal liability for any unlawful employment practices or threatened legal actions pertaining to alleged unlawful employment practices — including wrongful termination.
The Irvine unlawful termination attorney at the Leichter Law Firm, APC advises wrongfully terminated employees to never sign any agreement without consulting with a lawyer first.
Doing so could forfeit your rights to pursue a better outcome through an employment law claim.
Contact the Leichter Law Firm, APC Wrongful Termination Lawyer in Irvine, California
Contact Aryeh Leichter, the Leichter Law Firm, APC founder, and Employment Lawyer in Irvine today to discuss the legal remedies that may be available for your unique workplace circumstances today, starting with a free consultation by calling 818-915-6624 or contacting the firm online.