W
S
Western states employment law, PC
916-839-4404
Wrongful Termination
California is an at-will employment state, meaning an employer can terminate an employee for any reason or no reason at all. Even so, an employer cannot terminate an employee for an unlawful reason. A claim for wrongful termination in California, then, refers to the illegal dismissal of an employee in violation of state or federal laws. This often arises when an employer terminates an employee to hide illegal activity, to punish an employee who speaks out about an employer’s improper actions (i.e. whistleblowing), or when an employer has a discriminatory motive for dismissing the employee.
The law provides special protections for certain classifications such as race, gender, age, religion, and disability. If an employer’s decision is motivated by protected classes like these, an employee’s dismissal may qualify as a wrongful termination.
If an employee can demonstrate that their dismissal was wrongful, the employee may be able to recover lost wages and other compensation that the employee would have received had they not been terminated, emotional distress damages and punitive damages.
- Economic damages for lost wages and other compensation that you would have received had you not been terminated.
- Emotional distress damages for the pain and suffering that you were forced to endure as a result of the wrongful termination.
- Punitive damages in order to punish the wrongdoer. Punitive damages are not typically awarded. However, they can be if the Court or a jury determines that the employer acted with malice, oppression or fraud.
If you believe you have been improperly terminated, we can help. We can listen to your story, answer your questions, and explain your options so you can choose the path forward that is best for you.
California Employment Law
Wrongful Termination
Although California is an at-will employment state, an employer cannot terminate an employee for an unlawful reason. Unlawful reasons may include retaliation, discrimination, or breach of an agreement.
Discrimination
The law protects employees from discrimination based on specific characteristics, including disability or medical condition, race, gender, age, and religion. Employees who face discrimination may have a claim against their employer.
Harassment &
Sexual Harassment
The law protects employees from workplace harassment based on protected characteristics, including sex and gender. If conduct creates a hostile workplace or an employer requests sexual favors in exchange for job benefits, employees may have a claim against their employer.
Retaliation &
Whistleblowing
The law provides numerous prohibitions against retaliation. When an employer takes a negative employment action because an employee participated in protected activity, an employee may have a claim for retaliation.
Disability Accommodation
Employees who are disabled are entitled to accommodations to enable them to perform the essential functions of their job. Employers cannot discriminate against a disabled employee or retaliate against them for requesting an accommodation.
FMLA/CFRA Leave
Employees may be entitled to unpaid protected leave for personal or family medical issues. If an employer denies the leave or takes action against an employee for taking leave, an employee may have a claim against their employer.
Unpaid Wages, Overtime, Meal & Rest
The law ensures employees are compensated for their work. California has additional protections including meal and rest periods, accurate wage statements, and reimbursement for expenses. Employees have remedies when they are not properly compensated.
Public Sector Employment
Public employees may need to complete some important procedural steps to protect and enforce their workplace rights, including filing timely administrative claims or participating in pre-termination hearings.
Employment Agreements
Most California employees are at-will employees. Sometimes, employees have contracts that set the terms, compensation, and benefits of their employment. Employees should have a clear understanding of these agreements and the steps they can take if the employer breaches the agreement.
How We Can Help
Our work for you as one of our clients involves several activities, including:
- Collecting information and conducting research
- Conducting witness interviews and obtaining witness declarations
- Taking and defending depositions
- Providing guidance about how to proceed with your case
- Seeking to resolve your dispute through negotiations or mediation
- Litigating your case through trial, if necessary
Contact Us
500 Capitol Mall
Suite 2350
Sacramento, CA 95814
By Appointment Only
916-839-4404
Office Hours
Monday to Friday
9:00 am to 6:00 pm
W
S
Western states
employment law, PC
Shane Larsen
attorney bio
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation.
This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
© 2024 All Rights Reserved.