Whether you are fresh out of school, earning your first paycheck, or have been punching the clock for decades, losing a job hurts. If your termination was against the law, you can take the sting out of a job loss by seeking financial damages or other legal relief from your former employer.
Ensuring you receive the maximum relief in a legal case against your employer can be as simple as calling a Santa Monica wrongful termination lawyer from Tomorrow Law™. Our law team has top training and has won hundreds of millions of dollars for the hard-working people of California.
What Kinds of Rights Do I Have Against Termination?
California is an at-will employment state, meaning your boss can fire you for any reason. But this is just a default rule with multiple exceptions. Your employer cannot fire you for an illegal reason. In the following paragraphs, we explain when a termination is unlawful.
You Cannot Be Fired for Discriminatory Reasons
Unfortunately, employment discrimination has existed for ages. Fortunately, state and federal laws allow employees to fight against an employer’s discriminatory actions.
An employer commits unlawful discrimination when it fires an employee for any of the following reasons:
- Age (for those who are 40 or older),
- Ancestry,
- Color,
- Creed,
- Disability,
- Genetic information,
- Gender (including gender identity or expression),
- Marital status,
- Medical condition,
- Military status,
- National origin,
- Race,
- Religion,
- Sex, or
- Veteran status.
An affected employee can file a discrimination case against their employer through the U.S. Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department.
You Cannot Be Fired for Reasons Against Public Policy
The average employee in California may have several obligations or rights outside of work. If your employer fires you for fulfilling certain civic duties or personal obligations, it could be liable for wrongful termination.
Your employer cannot fire you for:
- Reporting for jury duty;
- Reporting for military service;
- Attending related judicial proceedings when you are a crime victim or the immediate relative of a crime victim;
- Taking time off to fulfill first responder obligations;
- Taking time off to handle certain school-related needs for your child; and
- Taking up to 12 weeks off to tend to serious personal or family issues, such as a significant medical condition or welcoming a new child.
You must often follow proper protocol before the law can protect you. You might also have to prove that your employer’s workforce is large enough for the law to apply. A wrongful termination attorney from Tomorrow Law™ can identify all legal rights you have after termination and maximize your recovery of damages.
You Have Protections Against Unlawful Retaliation
Drawing the line between termination as a lawful form of punishment and termination as an unlawful form of vengeance can get tricky. However, our attorneys always deal with these issues and can quickly spot illegal retaliation in any California wrongful termination case.
Illegal job retaliation can include firings for reasons such as:
- Reporting discrimination in the workplace,
- Refusing to engage in illegal activities at work,
- Reporting workplace safety issues,
- Helping a colleague with a workplace discrimination claim,
- Reporting an employer’s wage and hour violations,
- Discussing your wages with another employee,
- Properly using their sick leave,
- Updating their personal information after a lawful change of identifying information,
- Breastfeeding,
- Requesting a reasonable accommodation for a disability or struggle with literacy, and
- Taking time off to donate bone marrow or an organ.
This is a snapshot of your rights against workplace retaliation. If anything feels off about your firing, speak to an unlawful firing attorney from Tomorrow Law™ now so that we can help you assert all your rights in a complaint.
Employers Cannot Conduct Mass Layoffs Without Warning
The Worker Adjustment and Retraining Notification Act (WARN) requires many employers with 75 or more employees to give 60 days written notice if they will be firing 50 or more employees within a short period of time.
Employers Cannot Breach Employment Contracts
You are not an at-will employee if you have an employment contract that sets out terms for punishment or promises to employ you for a certain amount of time. If an employer fires you in violation of a contract provision, you can sue for wrongful termination. Your employment contract does not have to be in writing or express to protect you. From statements your employer has made or policies it has put in place, we can determine if you have contract rights against a termination.
What Kinds of Remedies Can I Receive?
If you win a wrongful termination complaint, you might get the following:
- Compensation for your financial losses,
- Punitive damages to punish an employer who acts egregiously,
- Attorney fees,
- Job reinstatement,
- Payment for emotional distress, and
- Penalty payments.
If you do not want to litigate your case, you can often negotiate a settlement with your employer. Even though negotiations are usually less stressful than administrative or court hearings, do not let them lull you into a false sense of security. You want to make sure your employer does not require you to waive important rights or does not offer too little for your pain. We can negotiate and draft the best settlement agreement to cover your losses and distress.
We Are Ready to Fight Today
Tomorrow Law™ is a premier firm for finding attorneys for unlawful termination. We are award-winning advocates. Also, the California legal community knows us well, and we are not afraid to fight for every mistreated worker. You can call us today or contact us online to schedule a free consultation.
Frequently Asked Questions
How Long Do I Have to File a Wrongful Termination Claim?
It depends on the nature of your case. For example, employees who initiate discrimination cases under federal law have 180 days to file a complaint, while employees filing discrimination complaints under state law have three years to complain. This is why you should speak to an attorney right away.
What If My Employer Claims It Fired Me for Misconduct?
Employers often give false reasons for firing workers. But you can beat these false claims with good evidence. A false termination lawyer from our firm can highlight any inconsistencies in your employer’s story regarding your “misconduct,” and we can help you win.
Do I Have to File a Complaint to Obtain Relief in Santa Monica?
No. You can negotiate a settlement with your employer instead. However, filing a legal complaint can ensure you preserve your right to relief if negotiations fall through, and a pending complaint can inspire your employer to take negotiations seriously.
What If I Quit My Job?
You may still have a right to relief under wrongful termination laws. If your employer made conditions so unbearable that a reasonable person in your position would have quit, its actions are a constructive discharge, and you can likely still sue for an illegal firing.
