California Wrongful Termination Lawyer

Fired Unfairly? You May Have a Case. Call (888) 796-4010.

Nothing is more enraging than believing you were wrongfully terminated. In California, an unfair termination involves the violation of specific employment laws.

If you believe you have been terminated due to discrimination or refusing to perform an illegal act, you may have grounds for a wrongful termination suit.

Attorney Bill Marder can review your case and get started on filing a suit within the first few days of meeting. He is known for handling all cases in a prompt and efficient manner. In addition, he has recovered millions of dollars for wronged employees.

See if you have a case during a free case review. Our wrongful termination attorney is ready to answer your questions. Call (888) 796-4010 or contact us online today.

What is Considered Wrongful Termination in California?

Although California is an “at-will” state, which means that an employer may release an employee at any time, without notice, there are illegal reasons to release an employee. If you were released from your position and you believe that it was in retaliation, for discriminatory reasons, or violates an employment contract, then you may have a wrongful termination case in California. 

Below are common reasons for wrongful termination claims:

• Breaching Employment Contract - If you have a contract with your employer that contains limits on how your employer may fire you (for example, you must be employed for a specified period of time before you may be released from your position), then your employer must uphold their end of the deal. If the employer breaches the employment contract, then you may have a wrongful termination case. Note: employment contracts may be written or verbal.
• Discrimination - In California, employers are not allowed to make decisions such as terminating an employee based on protected characteristics (age, AIDS/HIV status, citizenship status, color, gender identity, marital status, medical condition, military or veteran status, national origin, political beliefs, pregnancy, race, religion, sex, sexual orientation, status as a victim of domestic violence, stalking, or assault). If you were let go for reasons involving these protected characteristics, you may have a case.
• Retaliation - An employer cannot release an employee for enforcing their employment rights. For example, if you filed a complaint against your employer for discrimination and you were released by your employer shortly after learning about your claim, there is a possibility that you may have a case. Other examples include releasing you from your position for going on family or medical leave, filing a workers’ comp claim, or complaining about illegal wage practices, such as unpaid overtime.

If you believe you were wrongfully released from your position, do not hesitate to reach out to our California wrongful termination attorney at Polaris Law Group. Our attorney has decades of experience and is more than happy to speak with you regarding your situation. Call (888) 796-4010 to make an appointment

What Are Exceptions to California's "At-Will" Employment?

California is an "at-will" employment state. This means employers can fire an employee whenever they want without having to provide a reason. However, there are some exceptions to this.

The following factors are exceptions to "at-will" employment:

• Firing after inducement
• Fraud or misrepresentation
• Violation of implied contracts
• Retaliatory discharge
• Violations of employment contracts
• Violations of public policy (including sexual harassment and pregnancy discrimination)

State and federal law both prohibit employers from firing employees based on discrimination or any unlawful activity.

Employers cannot fire you for:

• Your race
• Your sex
• Your national origin
• Your disability
• Your religion
• Demanding overtime
• Reporting OSHA safety violations
• Taking pregnancy leave
• Family medical leave
• Refusing to sign an unlawful non-compete clause
• Serving jury duty

In some cases, even if you left your job "willingly," you may still have a case for wrongful termination. If you were forced out due to hostile working conditions perpetrated by your employer, your resignation would not be truly voluntary. This is known as a constructive discharge.

How to Prove a Wrongful Termination Case

If you believe you have a case for a wrongful termination lawsuit, it's important to gather all relevant employment documents. These include everything from handbooks detailing your workplace policies to copies of any performance reviews.

If you believe your wrongful discharge was discriminatory, you must prove your employer was aware of your protected characteristic. If you informed the employer of your protected characteristic, document the time span from this point to when you were fired.

Additionally, you should document any instances of harassment your employer committed against you where possible.

Can I File a Wrongful Termination Case If I Quit?

If you recently quit your job because the working conditions were so unbearable that it resulted in resignation, then you might be wondering if you still have a wrongful termination case. The answer depends on the circumstances surrounding your resignation.

In California, an employee can still have a wrongful termination case even if they resign from their job. However, the burden of proof is higher for someone who has quit their job, as opposed to someone who was fired.

To prove that your resignation was actually a constructive discharge, you will need to show that the working conditions at your job were so intolerable that a reasonable person in your situation would have also felt compelled to resign. 

Factors that may be considered include:

• Illegal discrimination or harassment
• Unsafe working conditions
• A breach of contract
• Violation of public policy

If you can prove that you resigned because of one of these factors, then you may have a valid wrongful termination claim. However, remember that not every unpleasant work situation will rise to the level of a constructive discharge. To be successful in your claim, you will need to show that the conditions at your job were truly unbearable.

How Polaris Law Group Can Help

Attorney Bill Marder can help you gather evidence and investigate further into your claims. He can review the details surrounding your employment and review any employment agreements to see whether any laws were violated.

With a California wrongful termination lawyer by your side, federal employment agencies and employers will take your case more seriously. Bill Marder operates on a contingency fee basis. This means you do not pay him any fees unless there is a recovery.

Damages you could be entitled to include:

• Back pay
• Lost benefits
• Emotional distress
• Job retraining
• Fines
• Or punitive damages

Bill Marder serves wrongfully terminated employees all across California.

For more information, contact Bill Marder for a free initial consultation. Call our law firm at (888) 796-4010 or contact us online today