California Wrongful Termination Lawyers: Fight Back If You’ve Been Wrongfully Terminated
Being terminated from a job is a stressful time in a person’s life. This feeling is greatly exacerbated when the termination is wrongful. At the office of Jay S. Rothman & Associates, our attorneys and staff are dedicated to vindicating the rights of individuals who have been illegally dismissed from their jobs. We are aggressive in our pursuit of justice and stand by you throughout the entirety of the case.
Wrongful termination can happen in two ways: actual termination and constructive termination. The latter is a situation in which job conditions deteriorate and/or become hostile to the point at which you no longer feel that you can work there and resign. Our firm provides thorough representation to clients who have been wrongfully terminated in either of these two ways. Termination from a position is wrongful if it is based on, among others, any of the following situations in which you have been involved:
- Discrimination
- Retaliation
- Whistleblower
- Sexual harassment
- Workers’ compensation
- Pregnancy
Do not sit idly by and do nothing about your wrongful discharge situation or if you were manipulated into quitting. There are time constraints on your ability to pursue your claim against your employer. Our firm can efficiently handle your case while providing you with essential information and guidance.
The At-Will Myth
Every employer who has worries about their treatment of employees likes to remind everyone of the fact that California is an at-will employment state. “Anyone can be fired for any reason.” However, they use this to intimidate, but it doesn’t mean what the employer implies.
At-will employment means you or the employer can end the working relationship at any time. This protects your ability to quit. However, “For any reason” is not as broad as employers would like. If the reasons for your hiring are based on discriminatory or other illegal factors, they cannot fire you for them.
What To Do Right Now If You Were Wrongfully Terminated In California
Taking the right steps immediately after a wrongful termination protects your legal rights and strengthens your case. California law imposes strict deadlines, so acting quickly is essential.
Step 1: Document everything
Gather all documents related to your employment and termination. This includes your employment contract, offer letter, performance reviews, emails, text messages and any termination paperwork. Write down everything you remember about the events leading to your firing, including dates, names and specific conversations. This evidence becomes critical when you file a claim.
Step 2: Do not sign anything without legal review
Your employer may offer you a severance package. It’s important that you don’t sign it right away. California severance agreements often include waivers that prevent you from suing your employer. Contact our office to review your severance agreement before you give up your legal rights.
Step 3: File your claim before the deadline passes
Strict deadlines apply to wrongful termination cases in California. Discrimination, harassment and retaliation claims require you to submit your complaint to the California Civil Rights Department (CRD) no later than three years after the unlawful act took place. Breach of contract claims generally give you four years to take action. If you miss these time limits, you may lose your ability to pursue your case entirely. We ensure you file on time and protect your right to seek compensation.
Damages You Can Recover
In a wrongful termination suite there is considerable opportunity to receive compensation for damages. You can receive such damages from your employer as:
- Compensation for lost wages
- Compensation for emotional distress
- Punitive damages for particularly egregious conduct
- Attorney fees
In some cases, reinstatement is also a large part of the lawsuit and something we pursue when the circumstances make sense. These damages are also part of the calculation if your employer retaliates against you.
California Wrongful Termination FAQs
Clients often have urgent questions after losing their jobs. Here are answers to some of the most common concerns we hear about wrongful termination cases in California.
How long do I have to sue for wrongful termination in California?
The deadline depends on the type of claim you file. If your termination involved discrimination, harassment or retaliation, you must file a complaint with the California Civil Rights Department (CRD) within three years of the violation. For breach of contract claims, California law typically allows four years from the date of termination. Evidence disappears quickly, and witnesses forget details. Contact our office immediately to preserve your rights and meet all filing deadlines.
Can I still sue if I was forced to quit my job?
Yes. California recognizes constructive discharge, which occurs when your employer creates working conditions so intolerable that you have no choice but to resign. If your employer subjected you to harassment, discrimination or other illegal conduct that forced you to quit, you can pursue a wrongful termination claim. We help clients prove constructive discharge by documenting the hostile conditions and showing that a reasonable person in your position would have felt compelled to resign.
Should I sign my severance agreement if I think I was fired illegally?
Do not sign a severance agreement without speaking to an attorney first. California employers often include broad waivers in severance packages that prevent you from filing a lawsuit or pursuing claims through the CRD. Once you sign, you may lose your right to hold your employer accountable. Our firm can review your severance agreement and advise you on whether signing is in your best interest or whether you should negotiate better terms.
We Are Here To Help You Stand Up For Your Rights
Contact Jay S. Rothman & Associates to schedule your free initial consultation. A member of our qualified legal team can discuss the details of your case and the possibilities for achieving a resolution to the matter.
Call 855-239-0102 or use our online contact form to schedule a meeting. Flexible appointment times are available for your convenience. Also, we advance costs and offer flexible appointment times to accommodate your working schedule. Trust your sexual harassment case to our dedicated legal team.