California is an “at will” employment state. This means that the employer or the employee can terminate the employment relationship at any time for nearly any reason. However, there are some legal protections provided to employees that prevent employers from terminating them for certain reasons.
If you believe you have been wrongfully terminated, you need an experienced Oxnard employment law attorney who will fight to protect your rights. Contact Gutierrez Law Firm today to let us evaluate your claim and help get you the justice you deserve.
Meet The Attorney
Deborah Gutierrez is a passionate and determined advocate for justice, committed to fighting for employees who have been treated unfairly in the workplace. Throughout her career, Ms. Gutierrez has focused on holding employers and corporations accountable, securing meaningful compensation for her clients, and standing up against unlawful workplace practices.
Deborah takes the time to understand each client’s unique situation, guiding them through difficult times with compassion and care. She is dedicated to empowering her clients to assert their rights and seek the justice they deserve. Ms. Gutierrez applies her knowledge, skill, and dedication to every stage of the legal process to ensure her clients receive strong and effective representation.
Her practice focuses on representing employees in cases involving sexual harassment, race discrimination, disability discrimination, pregnancy discrimination, wrongful termination, retaliation, and whistleblower claims. Deborah is passionate about her work because she knows that standing up for employees can change lives.
If you have been subjected to harassment, discrimination, or wrongful termination, contact our experienced Oxnard employment lawyer today to discuss your legal rights and options.
Ms. Gutierrez earned her Bachelor’s Degree in Political Science from the University of California, Los Angeles (UCLA) and her Juris Doctor, cum laude, from New England Law | Boston. The Gutierrez Law Firm handles cases in both state and federal courts and has successfully managed writs and appeals, including cases before the Ninth Circuit Court of Appeals. Deborah is also a native Spanish speaker, allowing her to serve Spanish-speaking clients with care and understanding.
Why Choose Gutierrez Law Firm?
At Gutierrez Law Firm, we know that employees have rights, and we will fight tirelessly to protect them. Our founding attorney, Deborah Gutierrez, has spent her entire career representing employees whose rights have been violated in the workplace. We have recovered millions of dollars in damages for other clients, and we are here to help you too.
If you believe you have been wrongfully terminated in Oxnard, contact Gutierrez Law Firm today for your free consultation. We understand that being terminated can be extremely stressful, and our caring and compassionate team will be here with you every step of the way. Let us get to know you and put together a winning strategy for your case. Contact us today to get started.
The Basics of Wrongful Termination in Oxnard, California
Simply being fired from a job does not mean that you have a claim for wrongful termination, even if you think the reason was unjust. Instead, wrongful termination is when an employee is terminated for an illegal reason. The law provides some specific situations in which termination is illegal.
Violation of Employment Contract
Some employers utilize employment contracts that specify valid grounds for termination. These contracts may also specify employment dates, and there is an assumption that the employee will continue to work while the contract is valid. Termination that is in violation of an employment contract may give rise to an Oxnard wrongful termination claim.
Termination Due to Discrimination
California law provides legal protection in the workplace for individuals who fall into certain protected classes. Terminating someone simply because they are a member of one of these protected classes is a violation of the law. Some of the protected classes in California include:
- Race, color
- Ancestry, national origin
- Religion, creed
- Age (40 and older)
- Disability (mental and physical)
- Sex, gender
- Sexual orientation
There are several other protected classes in addition to the ones above. If you were terminated due to one of these reasons, you likely have a valid wrongful termination claim in Oxnard.
Retaliation
Terminating someone in retaliation for protected behavior is also illegal. For instance, terminating an employee for whistleblowing or reporting sexual harassment in Oxnard is an improper termination. Retaliation is taking improper action against an employee for exercising any of their valid employment rights.
What Evidence Is Needed to Prove Wrongful Termination in Oxnard?
If you believe you were illegally fired in Oxnard, you have the right to pursue full and fair compensation for your losses. The more evidence you have in this process, the harder it is for insurance companies and the legal system to refute your claims.
Our wrongful termination lawyer in Oxnard will work closely with you to substantiate your claim. Some of the evidence we may seek out includes:
- Witness statements that show unfair treatment
- Poor performance claims that are not substantiated
- Direct violations of Equal Employment Opportunity laws
- Statements in emails, letters, or employee records documentation that are considered illegal or discriminatory
- Communications records
- Employer policies not followed
- Details within your employment contract
Because each case is so different, it is critical for you to have an experienced attorney capable of gathering evidence and building a clear case for you. Your attorney has the ability to seek out documentation and file legal action to minimize the risk of employers destroying valuable evidence.
What Types of Recoverable Damages Can You Receive?
Recoverable damages in a wrongful termination case can be hard to estimate. Every situation requires different considerations. There are some situations where you may only receive compensation based on the amount of time you lose or the loss of benefits associated with your position. You may be able to get your job back.
In other situations where there are discriminatory actions, you may also be able to seek out non-economic damages. That could include losses related to your emotional distress and trauma. Punitive damages may be available in situations where the employer’s actions were specifically reckless, or the acts were intentional. These losses only apply in situations where a judge hopes to punish those who engage in the actions to dissuade them from engaging in those actions again.
You may also be able to file a claim to recover attorney costs. That could mean you pay nothing out-of-pocket for our legal services, but you do hold those at fault accountable.
How Long Do You Have to File a Wrongful Termination Claim in California?
Under California law, employees have three years from the date of the termination to file a lawsuit against the employer or other at-fault party. However, there are differences based on the specific type of occurrence.
- Violations to public policy: If an employee was fired for refusing to break the law for the employer or for performing a legal obligation, there is a two-year statute of limitations. This also applies to situations where the employee loses their job due to exercising their rights.
- FEHA retaliation claims occur when a worker loses their job due to retaliation. These cases have a three-year statute of limitations.
- Breach of implied contract claims carries a two-year statute of limitations. These occur when an employer ends a worker’s position even though there is an implied contract that allows the worker to continue to be employed.
There are numerous other examples of violations of termination. You have the right to seek action over a period of time. However, the sooner you act, the better this can be for you. It aids in preserving evidence and ensuring available witness testimony remains available to you throughout that process. Even if you suspect this timeline expired in your case, seek out help from our legal team to learn more.
Areas Our Oxnard Wrongful Termination Lawyers Serve
Our Oxnard wrongful termination attorneys proudly serve the following neighborhoods in Ventura County:
Camarillo | Fillmore | Moorpark | Ojai | Oxnard | Port Hueneme | Santa Paula | Simi Valley | Thousand Oaks | Ventura | Bardsdale | Bell Canyon | Buckhorn | Casa Conejo | Casitas Springs | Channel Islands Beach | Dulah | Faria | La Conchita | Lake Sherwood | Lockwood Valley | Meiners Oaks | Mira Monte | Mussel Shoals | Newbury Park | Oak Park | Oak View | Ortonville | Piru | Santa Rosa Valley | Santa Susana | Silver Strand Beach | Saticoy | Solromar | Somis | Wheeler Springs
Testimonials
“Deborah remained persistent and calm, which ultimately paid off in my favor.”
“Ms. Gutierrez handled my case with diligence, patience and fought for what I was owed. Despite the other party’s attempts at non-payment, weak payment plans and lapse in communication, Deborah remained persistent and calm, which ultimately paid off in my favor. I would whole heartedly recommend her services.”
-A. Noaman
“Thank you for giving me hope. Hope to believe that good people win too.”
Thank you so much for your hard work. I thank God for finding you, I truly believe he put you on my way because you were the best warrior to fight for me. Thank you so much for believing in me since day 1. It’s been so heavy on the mind and on the heart, but I you did everything possible to be my voice and have me be heard. It’s so hard to overcome something like this, I’m still working on finding myself, being comfortable with myself, and healing my soul. I’ll never thank you enough for all you’re doing. Thank you for giving me hope. Hope to believe that good people win too.
-Maria M.
Case Results
Sexual Harassment and Wrongful Termination Case
Recovered $2,000,000 for a client in a sexual harassment and wrongful termination case.
Disability Discrimination and Wrongful Termination Case
Secured $1,250,000 for a client wrongfully terminated due to disability discrimination.
Harassment and Discrimination Case
Obtained $1,000,000 for a client subjected to workplace harassment and discrimination.
Let Our Oxnard Wrongful Termination Attorney Begin Helping You Today
If you believe you have been wrongfully terminated, the wrongful termination lawyers in Oxnard at Gutierrez Law Firm are here to help. We have been protecting employees’ rights for over 16 years, and we will aggressively fight to get you the compensation you are owed. Contact us by calling (213) 460-8380 today to let us go to work for you.