What Happens If an Employee Is Wrongfully Terminated In California?
The employee bears the burden of proving that he or she was wrongfully terminated or that an employer retaliated against the employee for asserting his/her rights. Types of evidence that an employee can use to prove his or her case include computer-generated evidence, oral testimony: statements made by supervisors and co-workers; documentary evidence, etc.
If you are terminated for an unlawful reason, you may be entitled to recover damages. Certain wrongful termination cases result in damages based on the terminated employee’s lost wages and other expenses, while some other cases also result in statutory penalties for violations of public policy. Additionally, some cases may require the employer to pay punitive damages to the employee if the employer’s actions were intentional or if the employer acted maliciously.
Constructive wrongful termination
Another form of wrongful termination is called a “constructive wrongful termination.” This occurs when the employee quits because the conditions are so intolerable that they have been left with no option other than to quit. The law states that if conditions or treatment are so severe that a reasonable person could not consider continuing to work in the environment any further, then a person may quit. However, in these situations, employees are expected to use any available reporting mechanism to attempt to resolve their employment issues before quitting. If an employee has complained of the intolerable environment and nothing changes, or it gets even worse, an employee may quit and seek damages as compensation for their lost wages.
The law recognizes both “economic” and “non-economic” damages. A well-pled complaint will cover both forms of damages and focus the jury’s attention on specific damages items such as the past, present, and future anticipated losses.
Wrongful termination due to discrimination
Our wrongful termination attorneys are part of one of California’s largest statewide law firms that’s dedicated to representing employees in disputes against their employers. Our employment attorneys, based in Los Angeles, California protect clients from wrongful termination due to discrimination – as well as wrongful termination due to retaliation and other reasons. Employers generally cannot terminate employment based on age, race, sex, religion, color, sexual orientation, marital status, association, physical or mental disability, or other legally protected classifications.
Wrongful termination due to disclosing fraud
In many cases, wrongfully terminated employees have uncovered fraudulent and illegal schemes involving hundreds, if not thousands of other employees. In one such case, we were proud to serve as co-counsel in a lawsuit against a major California defense contractor who deducted hours from salaried employees who took a few hours off to see their doctor, attend their children’s school needs, etc. This struck us as particularly harsh and illegal since salaried employees often work numerous hours of overtime and weekend hours with no pay.
If you believe that you are the victim of wrongful termination, contact one of our wrongful termination lawyers in California to set up your free consultation to discuss this matter with our lawyers. We take cases on a contingency basis and collect no attorney fees unless we win or settle your case.
We have handled wrongful termination cases in all major California cities such as Los Angeles, Pasadena, Encino, San Francisco, Sacramento, Santa Rosa, Fresno, Irvine, San Diego, San Bernardino, and Simi Valley.