Wrongful Termination: An Employee’s Rights In The Workplace

Losing your job can be a difficult experience, especially when you believe the termination was unjust. Whether you are an employee who feels you have been wrongfully terminated or an employer facing a potential wrongful termination claim, it is crucial to have qualified and experienced legal counsel to protect your rights.

At Chung & Reynolds, P.C., we have been protecting the rights of employees and employers in Irvine and the surrounding communities for over 30 years. Focusing on complex business law, employment law and commercial litigation, our business lawyers and employment law attorneys can provide you with the guidance and representation you need to efficiently and confidently resolve disputes.

Understanding The Laws Against Wrongful Termination In California

Both California and federal laws protect employees from wrongful termination. California has some of the strongest employee protection laws in the country. The California Fair Employment and Housing Act (FEHA) and the California Labor Code provide robust protections against wrongful termination based on discrimination, retaliation and other unlawful reasons. Additionally, federal laws such as Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA) also apply to California employers, providing further safeguards against wrongful termination.

What Are The Different Types Of Wrongful Termination?

Wrongful termination can take many forms. Wrongful termination can include:

• A breach of an employment contract: If you have an employment agreement that outlines the terms of your employment and termination procedures, firing you in violation of that agreement is considered wrongful termination.
• Discrimination: Terminating you because of your race, religion, gender, age, disability or other protected characteristic can be considered discrimination and is illegal.
• Violation of public policy: You cannot be fired for refusing to break the law, reporting illegal activity or exercising your legal rights.
• Constructive discharge: This occurs when an employer creates a hostile work environment so unbearable that an employee is forced to resign.
• Retaliatory discharge: An employer cannot fire you in retaliation for engaging in protected activities, such as reporting discrimination or harassment.

An experienced wrongful termination attorney can evaluate the facts of your case, assess your circumstances and help you understand if you have a claim for wrongful discharge under state or federal laws. 

How Does California’s At-Will Employment Doctrine Affect Your Wrongful Termination Case?

California is an at-will employment state, meaning that an employer can terminate an employee for any reason, or no reason at all, unless the reason is illegal. However, this does not mean that employers have free rein to fire employees. There are many exceptions to the at-will doctrine, including those categorized as wrongful termination. An experienced employment law attorney can help you determine if your termination was illegal, even in an at-will employment state.

What Can You Do If You Believe Your Employer Wrongfully Terminated You?

If you believe you have been wrongfully terminated, it is important to take the following steps:

• Document everything: Gather all relevant documents, such as your employment agreement, performance reviews, emails and any other communications related to your termination.
• Consult an employment law attorney: Contact a wrongful termination attorney as soon as possible to discuss your case and understand your rights.
• File a claim: Depending on the circumstances, you may need to file a claim with the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH).

Wrongful termination damages can include lost wages, emotional distress and job reinstatement options. A skilled employment law attorney can help you assess your damages and pursue the compensation you deserve. Keep in mind that there is a statute of limitations, or a deadline, for filing a wrongful termination claim, so it is important to act quickly.

Schedule A Consultation With A Wrongful Termination Attorney

If you believe that you have been wrongfully terminated or are facing a potential wrongful termination claim, the employment law attorneys at Chung & Reynolds, P.C., are available by appointment for a consultation. You can schedule an appointment by calling 949-345-1621 or sending us a message through our website.