Being terminated from a job can be a stressful and frustrating experience. Some people may believe that they have been wrongfully terminated just because they do not agree with the reason for their termination. In such cases, seeking guidance from a Garden Grove wrongful termination lawyer can help determine if the termination was unlawful and explore available legal options. California is an employment “at will” state. This means that either the employer or employee may terminate the employment at any time for almost any reason.
Even though California follows “at will” employment laws, the law does protect employees from termination in certain situations. If you believe you have been wrongfully terminated, contact the Garden Grove wrongful termination lawyer from Gutierrez Law Firm today to let us help protect your employee rights.
Why Choose Our Garden Grove Wrongful Termination Attorneys?
Our employment attorneys in Garden Grove know that emotions can run high after being fired from a job. You are likely stressed about finances and the process of finding another job. If you have been wrongfully terminated, your previous employer may owe you compensation.
The founding attorney at Gutierrez Law Firm has devoted her career to protecting the rights of employees in the workplace. Our clients are our top priority, and you will always get a personalized experience with our Garden Grove wrongful termination attorneys. Contact us today for a free consultation to let us show you how we can help.
California Wrongful Termination Laws in Garden Grove
Even though California is an employment “at will” state, employees do have some protections. Wrongful termination occurs whenever an employee is terminated for an illegal reason. There are three main situations that California law covers.
First, wrongful termination may occur when the termination is in conflict with an existing employment contract. Some employers use employment contracts, and any termination that contradicts the terms of the contract may give rise to a wrongful termination claim.
Next, employers may not terminate an employee simply because they are a member of a protected class. Examples of protected classes include:
- Race
- Religion
- Age
- Sex, gender
- Sexual orientation
- Marital status
Termination for one of these reasons will likely result in legal action. Finally, an employee cannot be terminated in retaliation for exercising one of their basic employment rights. For example, terminating someone for reporting sexual harassment is illegal. Consulting with a Garden Grove sexual harassment attorney can help employees understand their rights and pursue justice.
What Evidence is Needed To Prove Wrongful Termination in Garden Grove?
The burden of proof lies with the employee proving wrongful termination in California. It is vital to keep thorough documentation to support your claim. Retain the following documentation to support an alleged wrongful termination in Garden Grove:
- Work performance records and reviews: Gather your attendance documentation, awards, and supervisor reviews demonstrating your work performance.
- Communications: Retain any digital, auditory, or manual communication that supports your claim. Include communications that reflect an employer’s satisfaction with your work to disprove a reported reason for termination.
- Eyewitness testimony: Coworkers may play a valuable role in sharing what they witness in an employer’s behavior in the workplace and unfair actions against you.
- Employment agreements or contracts: These binding documents may state your end-of-employment date and other specific conditions of your employment and termination.
- Activity timeline: A sequential list of dates, times, names, and descriptions of any interaction related to wrongful termination helps specifically identify and trace a claim’s history.
- Patterns of behavior: Coworkers may also experience wrongful termination, establishing patterns and practices that promote or support wrongful termination.
Any documentation may serve as a piece of the puzzle in supporting your claim. Using this information, a wrongful termination attorney in Garden Grove can investigate your case and present compelling support in your favor. Working with our firm allows a team member to meditate on your behalf with an employer.
What Types of Recoverable Damages Can You Receive?
The damages available are based on your experience and what a wrongful termination costs you. For many employees, monetary relief alone for damages is compensation enough. However, many employees seek additional remedies to protect their jobs and reputations. Damages may include:
- Job reinstatement: Some employees find alternative employment is a more desirable option. However, you may choose to fight for reinstatement to your position.
- Relief by declaration and Injunction: The court may order a formal apology by an employer for their actions and require specific training.
- Lost wages: Your wages may include a salary or hourly wage, bonuses, and benefits that may include annual and sick leave. You may also be entitled to interest.
- Noneconomic damages: The toll of a wrongful termination can lead to mental suffering, loss of enjoyment of life, loss of professional reputation, and other damages that do not have a specific dollar amount attached. We can quantify these damages for you.
Some instances of wrongful termination may allow you to collect attorney’s fees as damages. The award of punitive damages is rare but may be possible when a case goes to court. Awarding punitive damages requires clear and convincing evidence that an employer commits wrongful termination with malicious, oppressive, or fraudulent intent (CACI 3940 Pg. 924).
How Long Do You Have to File a Wrongful Termination Claim in California?
The reason for a wrongful termination will determine how long you have to file a claim. Filing an Equal Employment Opportunity Commission (EEOC) claim must occur within 180 days of termination. When state laws apply, an extension of 300 days to file a claim applies. California’s statute of limitations includes the following:
- Two years from a wrongful termination for implied breach of contract or violations of public policy
- Three years from wrongful termination due to FEHA retaliation, WARN Act violation, or whistleblower retaliation
Because time limits to file a claim vary significantly, it is always advisable to immediately speak with a California employment lawyer to protect your rights.
Get Started Today With Our Garden Grove Wrongful Termination Lawyers
If you suspect you have been wrongfully terminated, you need an attorney with the experience to handle your claim. The wrongful termination attorneys in Garden Grove from Gutierrez Law Firm have over 16 years of experience fighting for employees’ rights, and we can help protect your rights too. We will work aggressively to uncover and collect all the evidence necessary to prove your case. Contact our Garden Grove wrongful termination lawyers today for a free consultation by calling (213) 460-8380 and let us get started putting together a winning strategy for you.