Were You Fired Unlawfully? Understanding Your Rights in California
A termination is not always just a termination. In California, the circumstances leading to an employee’s dismissal can determine whether the employer’s decision was lawful or not. An employer generally cannot fire an employee simply because the employee exercised a legal right, reported unlawful conduct, complained about discrimination or harassment, requested protected leave or an accommodation, or was treated differently because of a protected characteristic. When a termination is connected to conduct protected by law, what may seem like a routine employment decision could be unlawful.
At Chami Law, we represent employees in Southern California who believe they were wrongfully terminated, retaliated against, discriminated against, or otherwise subjected to unlawful treatment at work. Our attorneys examine the circumstances surrounding a termination, including what happened before the decision, what the employer said about it, and whether the evidence supports the employer’s explanation to help determine what legal protections may apply.
If you believe you were illegally terminated, taking action promptly can be important. California employment laws may provide remedies for employees whose rights have been violated, including compensation for lost wages and benefits, emotional distress, and other damages depending on the circumstances. Understanding what happened and your available options is an important first step.
What Is Wrongful Termination?
California is an “at-will” employment state, which generally means an employer may terminate an employee at any time, with or without notice, and for almost any reason. However, this rule has important legal limits. An employer cannot fire an employee for a reason prohibited by law, in violation of public policy, or in breach of an enforceable employment agreement.
Wrongful termination may occur when an employee is fired because of a protected characteristic, such as race, sex, age, disability, religion, or national origin, or because the employee engaged in legally protected activity.
California’s Fair Employment and Housing Act (FEHA), along with other state and federal laws, provides protections against unlawful discrimination and retaliation in the workplace. However, it is important to understand that not every unfair or unexpected termination is legally wrongful. The key question is whether the termination was based, at least in part, on an unlawful reason or otherwise violated a legal or contractual protection.
Signs Your Termination May Have Been Wrongful
No single fact automatically establishes wrongful termination, but certain circumstances can raise important questions about whether an employer’s stated reason for termination was legitimate. Potential warning signs can include:
- You were terminated shortly after reporting discrimination or harassment.
- You complained about conduct you reasonably believed was unlawful.
- You requested a disability accommodation or protected medical leave.
- You were treated differently from employees outside your protected class.
- Your employer’s explanation for your termination changed over time.
- You received positive performance reviews and were suddenly accused of serious performance problems immediately before termination.
- A manager made discriminatory or retaliatory comments before your termination.
- Other employees engaged in similar conduct but were not disciplined or terminated.
- Your employer discouraged you from reporting workplace misconduct.
- You were terminated after participating in an investigation or complaint involving discrimination or harassment.
- Your termination occurred after you exercised another legally protected workplace right.
What Evidence Can Help in a Wrongful Termination Case?
Evidence is critical in employment cases, particularly when the reason for a termination is disputed. Because employers often control many of the documents and records relevant to a termination, preserving your own records can be especially important. Depending on the circumstances, potentially relevant evidence may include:
- Employment agreements and offer letters
- Employee handbooks and workplace policies
- Performance reviews
- Disciplinary notices
- Termination letters
- Emails and text messages
- Internal complaints
- Communications with human resources
- Messages concerning discrimination, harassment, retaliation, or workplace misconduct
- Pay records and benefits information
- Medical or accommodation-related communications, where relevant
- Names and contact information for potential witnesses
- Documentation concerning protected leave
- Records showing how other employees were treated in similar circumstances
After a termination, take reasonable steps to preserve relevant information while it is still accessible to you. Do not delete or alter potentially relevant communications or documents. At the same time, avoid accessing, copying, or retaining confidential company information that you are not legally entitled to possess. If you are unsure what you may lawfully preserve or whether particular information could be important to your case, reach out to our team. We can help you determine the appropriate next steps.
How Chami Law Can Help With a Wrongful Termination Claim
We know that losing a job can affect much more than a paycheck. It can create financial uncertainty, interrupt your career, affect your health insurance and professional reputation, and put added pressure on you and your family. If you believe you were wrongfully terminated, you should not have to navigate those challenges (or face your former employer and its legal team) alone. At Chami Law, founding attorney Pouya B. Chami and our attorneys represent employees who believe their workplace rights have been violated. We take the time to understand what happened, assess the circumstances surrounding your termination, and identify the legal protections that may apply to your situation. We can then help you understand your options and determine whether your employer may have violated California or federal law. Depending on the circumstances of your case, our work may include:
Evaluating Your Claim
We can review the events leading up to your termination, your employment history, communications with management and human resources, and the employer’s stated reason for terminating you. The goal is to determine whether the facts may support claims for wrongful termination, discrimination, retaliation, whistleblower retaliation, breach of contract, or other employment law violations.
Investigating the Circumstances
A termination decision rarely occurs in isolation. We can examine the timeline surrounding your employment and identify evidence that may support or undermine the employer’s explanation for your termination. This may include reviewing relevant communications, personnel records, workplace policies, performance documentation, and other evidence that may help establish what happened.
Pursuing Compensation
Depending on the legal claims involved and the circumstances of your case, you may be able to seek damages for losses resulting from an unlawful termination. Potential remedies may include lost wages, lost benefits, future lost earnings, emotional distress damages, attorneys’ fees and costs, reinstatement, and other appropriate relief. The remedies available vary depending on the specific claims and applicable law.
Negotiating With the Employer
In some cases, you can resolve a wrongful termination dispute through negotiation or settlement. Our attorneys can advocate on your behalf and work to pursue a resolution that accounts for the harm caused by the employer’s conduct. A negotiated resolution may allow you to resolve your dispute without the expense and uncertainty of a trial.
Litigating When Necessary
When an employer refuses to resolve a dispute fairly, litigation may be necessary. Chami Law can pursue your claims in court and advocate for your rights throughout the litigation process. Whether your termination involved discrimination, retaliation, whistleblowing, protected leave, disability rights, or another potential violation of California employment law, we can help you understand your legal options and determine the best path forward.
What Should You Do After Being Wrongfully Terminated?
If you believe your termination was unlawful, consider taking steps to preserve your rights and evidence.
- Write down what happened while the events are still fresh in your memory. Include important dates, conversations, names, and the sequence of events leading to your termination.
- Preserve relevant documents and communications that you are lawfully entitled to retain. Emails, text messages, performance reviews, employment agreements, termination documents, and other records may become important later.
- Avoid signing a severance agreement, release, or other document concerning your termination without understanding what rights you may be giving up. Some agreements contain deadlines or provisions that can significantly affect an employee’s legal rights.
- Speak with our team as soon as possible. Employment claims can be subject to deadlines and procedural requirements. For example, the California Civil Rights Department states that, in general, an employment discrimination complaint under FEHA must be filed within three years of the alleged discriminatory act. However, deadlines and requirements can differ for each claim.
Get Started with a Free and Confidential Consultation
If you believe you were fired because you reported unlawful conduct, opposed discrimination or harassment, exercised a protected workplace right, requested an accommodation or leave, or because of a protected characteristic, you may have a wrongful termination claim. Do not assume that an employer’s decision is lawful simply because the employer says you were terminated for “performance,” “business reasons,” or another stated justification; the facts and circumstances surrounding the decision matter.
At Chami Law, we advocate for employees whose workplace rights have been violated. Depending on the circumstances of your case, you may be able to pursue compensation for lost wages, lost benefits, emotional distress, attorneys’ fees, and other damages. If you believe you have been the victim of wrongful termination or another employment law violation, contact Chami Law today at 888-384-7225 or info@chamilaw.com to schedule a free consultation.
