Let Our Attorneys Fight For Workplace Justice After Your Wrongful Termination

When an employee is wrongfully terminated, discriminated against or harassed in a hostile workplace environment, our employment lawyers at Cohelan Khoury & Singer can provide essential support. Our team of attorneys is experienced in wrongful termination and other workplace protection laws, which apply to matters where an employee has been terminated illegally, suffered retaliation, or been subjected to discrimination or harassing conduct.

If you are considering suing for wrongful termination, our employment attorneys will be by your side throughout the duration of your case. They have over 200 years of combined legal experience representing clients who were fired due to their religion, sex, sexual orientation, race, disability, marital status, national origin or gender identity. They also fight for clients who lost their jobs for refusing to perform an illegal act or employees who took part in whistleblower activities.

When Is It Illegal To Fire A Worker In California?

Wrongful termination laws outline the rules for people who have been fired illegally. Wrongful dismissal and wrongful discharge are other terms used for employees who were wrongfully terminated. If you’re wondering if suing for wrongful termination is a good move, it is crucial to understand the basics of the law. California is an at-will state, meaning both employers and employees can end the employment relationship for nearly any reason at any time.

Because a worker lost a job in a troubling manner doesn’t necessarily mean the employer wrongfully terminated the employee. In many cases, a terminated employee must file a complaint with one of two organizations before filing a wrongful termination lawsuit:

• Civil Rights Department, formerly the Department of Fair Employment and Housing (DFEH), the state organization charged with investigating discrimination allegations
• Equal Employment Opportunity Commission (EEOC), the federal organization responsible for investigating employment complaints

The particulars regarding wrongful termination lawsuits are complicated, so knowledgeable legal counsel is essential.

Understand Your Workplace Rights And Protections

Examples of unlawful employment discrimination include age, race, gender preference, and mental and physical disability discrimination. Regardless of the reason for termination, discrimination is against the law, and you deserve to fight for your rights as an employee in California. These anti-discrimination laws provide important rights to employees:

• The right to take medical leave under state and federal law – California law provides additional medical leave beyond the scope of the federal Family and Medical Leave Act (FMLA).
• The right to reasonable accommodations – Accommodations may include modification of work hours, office environment or equipment.
• The right to privacy – While you must disclose certain information to your employer, there are laws that protect your privacy and medical records.
• The right to be free from discrimination – If your employer or co-workers treat you unfairly because of your illness or you are unfairly terminated from employment, our employment lawyers can help.

Employees with disabilities are protected by a complex combination of state, federal and local regulations, including the California Fair Employment and Housing Act (FEHA) and the federal Americans with Disabilities Act (ADA). Our employment lawyers also fight all forms of workplace harassment, including racial, sexual and gender harassment.

Frequently Asked Questions About Wrongful Termination In California

At Cohelan Khoury & Singer, we hear from workers every day who are confused about what the law actually protects and what steps they need to take. Below are answers to some of the questions we hear most often.

What is the difference between an unfair firing and an illegal wrongful termination in California?

Some dismissals can be unfair. You may have been let go without warning or replaced by someone willing to accept lower pay. While this can be a painful and frustrating experience, it is not automatically illegal because California is an “at-will” state. This means an employer can let you go at any time and for almost any lawful reason.

It only becomes illegal wrongful termination if your employer fires you for reasons such as your:

• Race
• Disability
• Religion
• Age
• Sexual orientation

It is also unlawful for them to fire you because you reported something dangerous or unlawful in your workplace.

How does California’s ‘at-will’ employment doctrine affect my ability to sue for wrongful termination?

California’s at-will doctrine does not mean you are without options. If the real reason behind your termination was illegal, such as discrimination, retaliation or a breach of contract, at-will status does not protect your employer from a lawsuit.

What kind of evidence do I need to collect to prove I was fired in retaliation or due to discrimination?

Start gathering everything you can right away. This includes emails, text messages, performance reviews, your offer letter and any written policies in your employee handbook. Write down specific dates and what was said in conversations with your supervisor or Human Resources department. It can also help to collect the names and contact information of coworkers who witnessed what happened.

Am I required to file a complaint with the civil rights department (CRD/formerly DFEH) or EEOC before hiring a lawyer to sue?

Getting legal help is something you can do right away. In fact, your lawyer can help you file your complaint. However, for claims involving discrimination, harassment or retaliation, California law generally requires you to first file an administrative complaint with these agencies before a court lawsuit can move forward.

What types of compensation or financial damages can I recover in a California wrongful termination lawsuit?

California law gives wrongfully terminated workers the right to pursue several types of financial recovery. Depending on the circumstances of your case, you may be able to seek:

• Back pay for wages you lost
• Compensation for future lost earnings
• The value of lost benefits such as health insurance
• Damages for emotional distress

In cases where an employer’s conduct was especially harmful or carried out in bad faith, the court may also award punitive damages. This serves to hold the employer accountable for serious misconduct.

Learn More In A Free Consultation With An Employment Law Attorney

Cohelan Khoury & Singer is based in San Diego, and we provide legal representation for workers throughout California. We never represent employers.

If your employer has treated you unfairly and you believe you have been subjected to wrongful termination, our employment attorneys are here to help. Contact us today for a free consultation and case evaluation. Please call us at 844-403-3569 to get started.