Riverside Wrongful Termination Lawyer

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Riverside Wrongful Termination Attorney

Have you been wronged by your employer? Please call Theory Law at (310) 500-0206 to speak with a Riverside wrongful termination attorney.

If you think you may have been unlawfully terminated from your job, be sure to speak with a Riverside wrongful termination lawyer. California employees have the legal right to certain protections, such as the right not to get fired on illegally founded grounds. Employers proven to have committed such misconduct can be held liable. You are also entitled under California employment law to pursue financial compensation for your wrongful firing.

At the California law firm of Theory Law, our professional legal team has assisted clients facing various employment law issues, including workplace discrimination and sexual harassment, in addition to wrongful termination, retaliation, and violations related to necessary family and medical leave. Each client we represent is given the care and attention they deserve.

Riverside Wrongful Termination Lawyer

What Does the Legal Term Wrongful Termination Mean?

There are state laws that protect workers in California from harassment and discrimination, including being wrongfully terminated. Wrongful termination means that an employee fired a worker for an illegal reason.

California is an at-will employment state, meaning that employers are allowed to hire or terminate workers as they see fit through their own discretion. However, state law does not allow employers to make executive decisions that are based on an unlawful basis, including workplace discrimination. Under California law, there are four instances when an employer is prohibited from exercising at-will termination due to a lack of legal validity.

When Can an Employer Not Terminate a Worker At Will in CA?

The first exception is when an employee’s contract expressly prevents the employer from at-will firing, rendering termination without clear, appropriate reason as illegal. This also includes when it’s proven there was an implied contract between the employer and the employee that included prevention that the worker be fired without a suitable reason; this means the employer likely still had the right to terminate for poor job performance or failure to fulfill duties.

Another exception to employer at-will termination is if the firing was in violation of the employer’s implied covenant of good faith and fair dealing. This refers to an unwritten promise that all parties within an implied or written work contract will act in good faith and deal fairly with one another when adhering to the contract’s terms.

Examples of this include when the termination was in violation of the business’ own policies, to prevent an employee from reaping work benefits, or for a purported reason that was a lie in actuality.

An employer’s power to exercise at-will termination is prohibited when firing employees for a reason that is based on a fraudulent or misrepresentative reason, including if the worker’s employment was founded on fraudulent conduct on the part of the employer. This means it is illegal for an employer to make fraudulent promises to a job candidate in order to persuade them into taking the position, then violate said promises and eventually fire them.

Employers Cannot Fire Workers At Will by Violating Public Policy.

Employers are additionally prohibited from terminating workers for a reason that violates significant public policy, such as an employee refusing to break a law, carrying out a legal obligation, exercising a legal right or privilege, or reporting a claim of an unlawful violation to a supervisor, law enforcement or government. Even individuals with an expressed or implied employment agreement are able to take legal action for enduring such misconduct.

Violations of public policy include terminations based on an employee’s response to and/or reporting of sex discrimination, sexual harassment, race and age discrimination, disability discrimination, and other harassment or discrimination against an employee’s protected characteristics in the workplace.

Employees are also legally protected from terminations based on punishment for political speech/opinion or activities, whistleblowing, taking necessary medical or family leave, taking time off for jury duties or other lawfully protected activities, or taking legal action on behalf of the government for an employer committing fraud or embezzlement against government property (qui tam filing).

How Do I File a Wrongful Termination Claim in CA?

If you believe your termination to have been unlawful, the first step is to promptly file a complaint with the appropriate government agency, depending on the circumstances, such as the California Labor Commissioner, the California Civil Rights Department, or the Equal Employment Opportunity Commission (EEOC), which is a federal agency.

After filing an official claim, consulting with a qualified lawyer experienced in cases of employment law is the next advised course of action. Your attorney can help you with any paperwork and ensure you understand any legal terms, processes, or laws relevant to your case. Your employment lawyer will also assist you in collecting relevant and supporting evidence to use during the legal proceedings.

The next step is to wait for the government agency you sent your complaint to to notify you of their determination that your firing was indeed illegal. Once this has occurred, you are granted the right to file a civil claim against your employer. It’s crucial to begin your wrongful termination case soon after getting fired so you don’t risk the statute of limitations passing at the start or in the middle of legal proceedings.

The statute of limitations for wrongful firing in Riverside and throughout California is two to three years from the date of termination, depending on the type of claim. On average, claims involving a breach of contract or a violation of public policy have a time limit of two years. Cases concerning California Fair Employment and Housing Act (FEHA) or California Worker Adjustment and Retraining Notification Act (WARN) infractions and protections for whistleblowers have three years to file.

What Evidence Will Help Prove Unlawful Termination?

When building a case to prove a termination was against California law, there are several viable types of evidence that can strengthen an employee’s claim. Generally, the more compelling proof there is, the greater the chances of winning the case.

These are some relevant kinds of evidence: the employee’s work contract, an employee handbook, additional personnel information, a copy of company procedures and policies, written communication between the employee and their employer, paystubs, dates of any discriminatory or retaliatory action, previous job evaluations, and the notice of termination.

What Damages Can I Receive Compensation for Wrongful Termination in California?

If your case against your employer is successful, you may receive financial compensation for various types of inflicted harm. Only damages your lawyer was able to establish and prove you endured as a direct result of the unlawful termination will be awarded. Potential compensation that may be awarded to wrongfully terminated employees includes:

  • Lost income, including past and future wages.
  • Loss of employment benefits.
  • Anxiety and other emotional trauma that resulted from the termination.
  • Punitive damages if the employer was proven to have engaged in fraudulent or malicious misconduct.

FAQs 

Q: How Much Is a Wrongful Termination Lawsuit Worth in California?

A: To accurately determine how much your wrongful termination claim may be worth, speak with an employment law attorney. They can ensure you have a viable case and review the details to determine how much you’re likely to receive in compensation.

The amount an employee may obtain from seeking a settlement payout for wrongful termination will vary depending on their salary, skill set, and the employer’s specific conduct. You can expect compensation to be several thousands to tens of thousands of dollars.

Q: What Qualifies for Wrongful Termination in California?

A: In California, an instance may qualify for wrongful termination if an employee was fired based on the employer’s violation of important public policy (including non-discrimination laws), the employee’s contract that prohibits the employer’s at-will firing, and implied good faith and fair dealing with the employee.

Additionally, if an employer was fraudulent or misrepresentative in making promises to an employee due to failing to fulfill such promises before terminating them, this is also grounds for legal action.

Q: How Do You Prove Wrongful Termination?

A: In order to prove a claim of wrongful termination in Riverside, your employment law attorney will need to build a strong and compelling argument against your employee utilizing physical evidence and witness testimony. Also, documentation of your termination and correspondence with your supervisor, along with eyewitness statements can also strengthen your claim.

Q: Who Do I Contact for Wrongful Termination in California?

A: Contact an experienced employment law attorney for wrongful termination if you believe your employer fired you for an illegal reason. Before you can file a claim against your employer in civil court, you must send a complaint of your wrongful termination to an applicable government agency.

Once the Equal Employment Opportunity Commission (EEOC) or the state’s Labor Commissioner or Civil Rights Department has confirmed that your termination was unlawful, your attorney can help you file a claim against your employer.

It’s Your Legal Right to Not Be Unlawfully Fired, Get Financial Compensation

At Theory Law, our approach to bringing quality legal care to our clients is essential to our compassionate and focused workplace environment. The law firm’s team of legal and qualified professionals is determined to provide each client the help they need according to their individual goals and needs. Speak with one of our attorneys today to get your case reviewed and learn your legal options.

How Can Theory Law Help You?

If you need help regarding a legal matter and would like to discuss it with an attorney, please call (310) 500-0206 or complete and submit the e-mail form below, and the attorney will contact you.

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