California’s at-will employment law gives employers broad authority — but not unlimited authority. Terminating an employee for discriminatory reasons, in retaliation for protected activity, or in violation of public policy is illegal regardless of what the employer claims. HHJ Trial Attorneys knows how to build wrongful termination cases that expose the real reason behind a firing and recover full compensation for our clients. We’ve recovered over $10 million for our clients in just the last four years, been voted Best Litigation Firm three consecutive years by the San Diego Union Tribune, and all three of our partners are recognized Super Lawyers with local and national media coverage. They ended your job. We help you fight back.
Losing your job can be a devastating experience, especially if you believe you were fired unfairly or illegally. If you’ve been wrongfully terminated from your workplace in Escondido, CA, you may have a legal claim against your former employer and be entitled to compensation for your losses.
However, proving wrongful termination can be a complex and challenging process, which requires the assistance of a skilled and experienced wrongful termination lawyer.
That’s why our wrongful termination lawyers are here to provide clarification and guidance around wrongful terminations in Escondido, CA.
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Wrongful termination occurs when an employer fires an employee for an unlawful reason or in violation of an employment contract or policy.
California is an at-will employment state, meaning employers can fire employees for any reason or no reason at all, as long as the reason is not illegal or contrary to an agreement.
However, there are several exceptions to the at-will rule that protect employees from wrongful termination. These include the following.
It is illegal for employers to fire employees based on their race, color, national origin, religion, sex, gender identity, sexual orientation, pregnancy, age, disability, medical condition, genetic information, marital status, or military or veteran status.
These are protected characteristics under federal and state laws, such as Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the California Fair Employment and Housing Act, and others.
It is also illegal for employers to fire employees for exercising their legal rights or reporting illegal or unethical conduct. This is known as workplace retaliation.
This includes filing a complaint or lawsuit against the employer, participating in an investigation or proceeding, whistleblowing, requesting or taking a leave of absence, requesting a reasonable accommodation, or engaging in any other protected activity.
Employers cannot lawfully fire employees for reasons that violate a fundamental public policy or interest.
This includes refusing to perform an illegal or unsafe act; performing a civic duty, such as jury duty or voting; or exercising a statutory right, such as workers’ compensation or unemployment benefits.
Finally, employers cannot fire employees in breach of an express or implied employment contract or agreement.
This includes written contracts, oral agreements, employee handbooks, policies or practices, or implied contracts based on the employer’s conduct or statements.
Wrongful termination can take many forms, depending on the circumstances and the motivation of the employer.
Some of the common types of wrongful termination include the following.
This occurs when the employer creates or allows a hostile, intolerable, or abusive work environment that forces the employee to quit.
The employee must prove that the employer’s actions were intentional, severe, and pervasive and that a reasonable person in the same situation would have no choice but to resign.
Fraudulent inducement occurs when the employer makes false or misleading representations to the employee to induce them to accept or continue a job and then fires them based on those representations.
The employee must prove that the employer knew or should have known that the representations were false, that the employee relied on them, and that the employee suffered damages as a result.
Employers cannot make false or malicious statements about the employee’s performance, conduct, or character, which damage the employee’s reputation or career prospects.
The employee must prove that the employer published the statements to a third party, that the statements were false and harmful, and that the employer acted with negligence or malice.
Finally, employers cannot engage in extreme or outrageous conduct that causes the employee severe emotional distress.
The employee must prove that the employer’s conduct was intentional or reckless, that it exceeded the bounds of decency, and that it caused the employee to suffer emotional distress that was severe and not reasonable.
If you’ve been wrongfully terminated from your workplace in Escondido, CA, you may have several legal remedies available, depending on your case’s type and severity.
These include:
You may also be entitled to attorney’s fees and costs. These are the fees and expenses that you incurred in pursuing your wrongful termination claim, such as filing fees, court costs, expert fees, and attorney’s fees.
Proving wrongful termination can be challenging and frustrating, requiring the knowledge and expertise of a wrongful termination lawyer.
At HHJ Trial Attorneys, we have the skills, experience, and resources to handle your wrongful termination case. We have helped thousands of clients in California obtain the compensation they deserve for their wrongful termination, and we work on a contingency fee basis, which means you pay nothing unless we win your case.
If you have been wrongfully terminated from your workplace in Escondido, CA, and need help from a wrongful termination lawyer, contact us today for a free, confidential consultation.
