Wrongful Discharge Law Firm Based in Orange County California
We are Orange County attorneys specializing in Wrongful Termination claims. Although employees in California work “at will,” this does not mean that they may be terminated for any reason. “At Will” means that the employee can leave at any time without warning while the employer can dismiss an employee for any legitimate reason. The most common exceptions to the “at will” rule occur when the employer fires the employee for discriminatory reasons, retaliates against the employee for exercising his or her rights, terminates the employee when he or she took appropriate time off or discharged the employee relating to lawful whistleblowing activity.
If an employee experiences any of the aforementioned behavior (and a number of others that we will list below), he or she may have a claim for Wrongful Termination. When such an event takes place, we recommend that you, as the victim of Wrongful Termination, contact our firm to speak with an Orange County-based employment lawyer for a free consultation. Similar to hundreds of other Orange County employees that we’ve represented in the past, your fact-pattern may involve other related claims that you are not aware of. As they say, when there’s smoke, there’s fire. Accordingly, when there’s one instance of Wrongful Termination in the workplace, there most likely are other rights that were violated and that would undoubtedly bolster your case.
Ensure that your case receives the attention and expertise that warrants the highest possible settlement amount by contacting our office before running out of time by strict time requirements.
Under both federal and state law, California employers may not terminate their employees based on a protected status. In California, which is more protective than other states, employers with five or more employees must comply with anti-discrimination laws. However, all California employers, regardless of size, must prohibit harassment in the workplace that is related to the protected class. Specifically, federal laws such as the Civil Rights Act of 1964 and California’s Fair Employment and Housing Act (“FEHA”) strictly prohibit employers from firing employees based on the following categories:
- Age (40 and older)
- Medical condition
- National origin
- Sexual orientation
- Marital Status
- AIDS/HIV Status
- Military/Veteran Status
- Political Activities
- Domestic Violence Victim Status
- Sexual Assault and or Stalking
Related to discrimination, once an employee exercises his or her rights, an employer may not retaliate against him or her in return. Once you’ve spoken with your Human Resources department or your supervisor, you’ve officially posted your claim on record. Any employer activity that ensures such as an internal investigation, testimony to a government agency such as the Equal Employment Opportunity Commission or FEHA, or contacting an attorney at our firm may not be met with retaliatory impact against you as an employee. This means that you are protected from any further discriminatory or retaliatory conduct. California Labor Code 1102.5 provides the most clear-cut protections against retaliation. This also includes retaliatory conduct when the employee whistleblows, or notifies anyone both internal and external to the company, about an employer’s illegal acts.
Unlawful Termination in Violation of Public Policy
Under both federal and state law, employees are entitled to take time off for such valid reasons as pregnancy (both pre and post), medical condition (both employee’s and family member), civic obligations (Jury Duty), and Military. For pregnancy disability leave, California offers eligible employees with worry-free four months off in addition to any time to bond with the newborn under the federal Family and Medical Leave Act (“FMLA”).
FMLA also ensures that employers with 50 or more employees provide their employees with up to 12 weeks per year for certain medical conditions or to take care of family members with certain medical conditions. Employees may not be terminated or mistreated for serving on juries or reporting for military duties. These laws are extensive and thus only a specialized Wrongful Termination attorney such as those at our firm can counsel you on these and other related laws and filing obligations.
To review your case, speak to our Orange County wrongful termination attorneys at Orange County Employment Attorneys for a free consultation.
Call us at 877-789-9707 today.
92626, 92602, 92808
“An excellent and aggressive attorney who fought hard for my case and got me a big settlement from my previous employer. One of the best employment attorneys in Orange County without any question.”
Orange County Wrongful Termination Attorney