A firing is wrongful under California law when an employer lets someone go for an illegal reason, such as discrimination, retaliation, or punishment for exercising a legal right. Losing a job does not always mean an employer broke the law. The reason for the firing is often what matters.
If you believe your employer fired you for speaking up about illegal conduct, reporting harassment, requesting protected leave, or another protected act, Moon Law Group will review what happened.
Our Los Angeles wrongful termination lawyer will look at the events leading up to the firing, explain which employment laws may apply, and discuss your options for taking action.
How We Can Help After a Wrongful Firing in California
Workers asking “what is wrongful termination” do not always know why they were let go. An employer may give one reason even though emails, performance records, witness accounts, or the timing of the firing point to another.
Moon Law Group will investigate the reason behind a termination and determine whether the facts support a legal claim. Our wrongful firing lawyer will review the stated reason for the firing and look at related documents, including emails, texts, schedules, and other workplace records.
Our Los Angeles employment lawyers can also:
- Examine emails, text messages, schedules, and other documents.
- Determine whether the employee recently reported a workplace problem or exercised a protected right.
- Speak with witnesses when appropriate.
- Identify state or federal laws that may apply.
- Calculate lost wages and other losses.
- Handle required agency filings,
- Pursue a claim against the employer when the evidence supports one.
An early review of the situation can also help preserve records that may become harder to obtain later.
For a free legal consultation, call 213-232-3128
California’s At-Will Employment Rule Does Not Allow Every Firing
Moon Law Group can explain how California’s at-will employment rule applies to a specific termination. California Labor Code § 2922 generally allows an employer or employee to end an employment relationship that has no set term. This is known as “at-will” employment.
That rule gives employers broad power to make staffing decisions. It does not give them permission to fire workers for reasons prohibited by law. For example, an employer may fire an at-will worker because the company is cutting staff, the worker is not performing well, or management simply wants to make a change.
A firing may raise legal concerns when the real reason involves discrimination, retaliation, protected leave, whistleblowing, or another legally protected activity.
Discrimination Can Make a Termination Illegal
Moon Law Group handles employment cases involving workers who believe discrimination played a part in losing their jobs.
California’s Fair Employment and Housing Act, or FEHA, protects workers from discrimination based on certain personal characteristics. Government Code § 12940 prohibits covered employers from firing or otherwise discriminating against workers because of characteristics.
These include race, religion, disability, sex, gender, pregnancy, age for workers age 40 and older, sexual orientation, national origin, and other characteristics protected by law.
An employer may try to describe a discriminatory filing as a performance problem or another ordinary business decision. Records showing how the employer treated the worker before the termination can help reveal whether the stated reason matches what actually happened.
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Retaliation May Be Grounds for a Wrongful Termination Claim
Retaliation can occur when an employer fires a worker because the worker exercised a right protected by law. For example, Labor Code § 98.6 prohibits employers from retaliating against workers for exercising rights covered by laws enforced by the Labor Commissioner. This can include making a good-faith complaint about unpaid wages.
Government Code § 12940 also prohibits retaliation against a worker for opposing discrimination or taking part in a discrimination proceeding.
Moon Law Group can review the timing of the firing, the worker’s employment records, prior complaints, and the employer’s stated reason for the decision when looking for signs of retaliation.
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Protected Leave May Also Affect a Wrongful Termination Claim
Eligible workers may have job protections when they take certain types of leave, including family, medical, or pregnancy-related leave. An employer may violate the law if it fires a worker because the worker requested or used protected leave.
Moon Law Group can review the type of leave involved, whether the worker qualified for legal protection, and the reason the employer gave for the termination.
What Evidence Can Help Show a Firing Was Wrongful?
The events leading up to a firing can help show why an employer made its decision. Useful evidence may include termination documents, performance reviews, disciplinary records, emails, text messages, written complaints, and communications with supervisors.
Timing may matter as well. For example, a firing that follows soon after a protected complaint may raise questions about the employer’s reason for the decision.
Moon Law Group can review these records along with information from coworkers or other witnesses when determining whether there is evidence to support a wrongful termination claim.
What Damages May Be Available After a Wrongful Termination in California?
The damages you could receive depend on the legal basis for the wrongful termination claim and the losses caused by the firing. A worker may be able to recover lost wages, lost employment benefits, and damages for emotional distress when allowed by law.
Other remedies may include attorney’s fees, court costs, or reinstatement in some cases. Moon Law Group can determine which damages and other remedies may be available based on the facts of the termination and the laws involved.
How Long Do You Have to File a Wrongful Termination Claim?
The deadline for a wrongful termination claim depends on why the firing was unlawful and which state or federal law applies.
Some claims also require a worker to file a complaint with a government agency before going to court. Moon Law Group can identify the deadlines and filing requirements that apply to a worker’s situation.
Talk to a California Wrongful Termination Lawyer About Your Situation
Learning what wrongful termination is under California law can help you decide what to do after losing your job. If you believe your employer fired you for an illegal reason, Moon Law Group can review the circumstances and explain your legal options.
Our firm has focused on employment law since 2007. Our team includes more than 40 attorneys with decades of combined experience handling employment matters, including complex individual cases and class actions.
Our attorneys have also achieved significant results for workers in employment cases throughout California.
We offer free case evaluations, and there are no attorney’s fees unless we successfully resolve your case. Let Us Defend You. Contact Moon Law Group to discuss your wrongful termination case.
Call or text 213-232-3128 or complete a Free Case Evaluation form
