Wrongful termination occurs when an employer fires an employee for any illegal reason under federal and state employment law. Call 213-224-9568 to speak with a wrongful termination law attorney from Rubin Law Corporation in Irvine, CA if you believe that you have been wrongfully fired from a job after reporting fraud, are being sexually harassed and want to file a claim, or want to file a workplace discrimination. Once we determine that you have a valid claim, then we will begin to build your case with evidence. You can help your claim by providing us with information and reaching out to us before you are fired. We can advise you which evidence will be necessary for your situation.
How do you prove wrongful termination?
In order to prove wrongful termination in Irvine, CA, your attorney must prove that the worker was employed by an employer, and that the employer discharged the worker in violation of their rights and that the worker was harmed as a result.
Temporal proximity is the closeness in time between two instances: the protected activity, such as reporting fraud, and the adverse action, such as a demotion or termination. Evidence that shows that there were only a few days between a worker exercising their rights and their subsequent termination presents a strong correlation that the termination was wrongful.
Record and Save Documents and Communications
Among some of the most important documents to collect include client recommendations, past performance reviews, and your personnel file. You should also get a copy of the company handbook to provide to your attorney. Emails, text messages, and messages from office messaging programs like Slack and Microsoft Teams can help a wrongful termination claim. A copy of your contract or work agreement will also be helpful.
You should also start writing down discriminatory or harassing statements that were made by supervisors or coworkers, what was said when it was said, and who was present. You don’t want to keep this journal at work where it is at risk of being confiscated. Remember, if a workplace is not willing to protect you and your rights, then you shouldn’t trust them with any evidence.
Photographs and Images
Harassing images or photos of proof of harassment can be helpful in your case. Photos of coworkers purposely trying to sabotage your workspace or offensive or sexual images that were sent to you can play a big role in your lawsuit.
Can I sue my employer for wrongful termination in California?
Yes. If you were fired for reporting illegal behavior or exercising your legal rights, then you can sue for wrongful termination. When your employer refuses to resolve a hostile work environment, fails to provide reasonable accommodations to people with disabilities, or terminates an employee for filing a whistleblower claim, then you need evidence depending on the type of wrongful termination case you have.
It is up to your Irvine, CA employer to prove that the termination was legal. Acceptable reasons for termination include attendance issues, theft or other criminal behavior, insubordination, and incompetence, among others. Employers will protect themselves and never admit that they fired you for an illegal reason. That is why you need a skilled attorney with years of experience in employment law representing you and fighting for the justice you deserve.
How long do you have to sue for wrongful termination in California?
The statute of limitations to file a complaint with the Department of Fair Employment and Housing (DFEH) is three years after your wrongful termination, and you must file your complaint with the DFEH before you can file a claim in civil court.
When is it a Wrongful Termination of Employment?
You may disagree with your former employer’s decision or think that the termination was unfair or unreasonable, but that doesn’t necessarily make it unlawful. Under employment law, an employee can be terminated for any reason for no reason at all; without notice. The exception is when the firing violates the employees’ legal rights or a public policy.
To be wrongfully terminated is to be fired from your job for any reason that is in violation of a federal anti-discrimination law or a breach of contract. An employer cannot even fire an at-will employee for an illegal reason. Examples of wrongful termination include firing and employment for their political activities or for using time off under California workplace leave laws like the Family and Medical Leave Act (FMLA) or the Families First Coronavirus Response Act (FFCRA).
Types of Wrongful Termination Covered Under California Labor Laws
You can file for wrongful termination after
- A violation of public policy, such as retaliating against a worker who exercises their legal right to file a whistleblower claim
- A violation of an implied contract for continued employment
- A violation of an implied covenant of good faith and fair dealing
- An individual or your company has committed fraud or another illegal act
How An Employment Attorney Can Help You
If you have been terminated from your job for an illegal reason, then you can sue your employer to recover damages such as lost wages and benefits, damages for emotional distress and your employer may have to pay penalties.
Rubin Law Corporation challenges employers by presenting evidence that refutes what they say. We recommend that you start gathering documents and communications that can be used as evidence to present in court and start recording and maintaining records of incidents that show your employer engage in illegal activities. But first, you should pick up the phone and call us at 213-224-9568 so that we can schedule your free consultation, so you can go over the incident and see what can be done about the situation; as we can determine your next steps and advise you on what to do.
