Getting terminated can a very difficult experience. Wrongful termination in California remedies may help.
At The Law Office of Shawn Golshani | Shawn Gol Law, P.C., our employment attorney in Los Angeles, along with our team, can help. Contact us today at (310) 900-0809 to schedule a Free Case Evaluation about your wrongful termination case.
What Constitutes Wrongful Termination in California?
Rules, regulations, and laws regarding wrongful termination–also referred to as wrongful dismissal or wrongful discharge–differ somewhat from state to state. However, there are some federal laws that regulate wrongful termination aside from state law.
Regardless of federal or state law, wrongful termination can occur when:
- The employer violates its own policies for termination; or
- The employer violates state or federal law via the termination of employment; or
- The employer creates a hostile work environment that leads to constructive termination – where the employee finds the working conditions so intolerable that they are forced to resign.
Some states are at-will employment states. At-will employment means an employer does not need to have a reason to terminate an employee's employment, and vice versa, an employee does not need a reason to quit their job.
Examples of Wrongful Termination in California
It can be confusing to know if you were wrongfully terminated or not. Simply because it seems unfair does not mean wrongful. That said, wrongful termination can materialize in several different ways. Here are the most common that can occur.
Breach of Contract
Employment agreements are contracts that contain terms, conditions, and consideration (income, paid time off, retirement, health insurance, etc.) the employee will receive in exchange for their work. In other words, the contract spells out what is expected of the employee in return for their wages and other benefits. When an employee is wrongfully terminated, that termination may be considered a breach of contract.
Public Policy Violations
Employers are not allowed to terminate an employee when doing so would violate public policy. For example, if an employer directs an employee to perform an act that is illegal, and then fires them for refusing to perform that act, it is a wrongful termination in violation of public policy.
Discrimination
When an employee is terminated, or a potential employee is denied a job, due to any of the following reasons, they can be the object of employment discrimination.
- Race
- Ethnicity
- Skin color
- National Origin
- Pregnancy
- Disability
- Sex
- Religion
- Compensation/Equal Pay
- Age (over 40 or the age specified for your area)
These various types of discrimination have been established by the United States Equal Employment Opportunity Commission. Employers cannot terminate an employee or pass over an applicant based on the above-bulleted characteristics.
Whistleblowing
Employees may sometimes engage in behavior that their employer is not happy about. For example, an employee may become aware of illegal activities being conducted by the company and report those illegal activities to the proper authorities. If the employer retaliates against the employee by firing them for reporting the illegal activities, they are guilty of wrongful termination.
Wage and Hour Disputes
The Fair Labor Standards Act (FLSA) establishes rules for how wages should be paid, including pay for overtime and commissions earned. When an employer terminates an employee for seeking to enforce the rules and regulations, they may have engaged in wrongful termination.
Remedies for Wrongful Termination
There are quite a few possible remedies available to a person who has been wrongfully discharged in California. Remedies will be dependent in part on whether you filed a complaint through federal or state agencies or through the court system. Here is an overview of the most common remedies.
- Lost wages. From the time you were terminated to the time trial begins, you can seek compensation for lost wages. If you find a job during that time, compensation for lost wages will be reduced accordingly.
- Lost future earnings. If you cannot find a position or one that pays you comparably, you may seek compensation for this loss of future earnings.
- Lost benefits. If you lost benefits – like paid time off, bonuses, retirement, and more – it can be compensated through economic damages.
- Punitive damages. Punitive damages are designed to punish egregious or malicious behavior and to prevent the same from happening again. Not all states allow it, and most states cap the amount to be awarded.
Contact an Employment Law Attorney in Los Angeles Today
At The Law Office of Shawn Golshani | Shawn Gol Law, P.C., we can help. Do not hesitate to contact us to discuss your case. Contact us by filling out our online form or calling us at (310) 900-0809 to schedule a Free Case Evaluation.