If you’ve been wrongfully terminated you may be eligible to pursue legal action. Contact the Los Angeles employment law attorneys at Sparrow Law Group today to learn more about how we can help you.
Wrongful Termination
Wrongful termination laws are in place to protect employees from being wrongfully fired. Even if the employment is “at-will,” the employer may still have violated the law by terminating an employee for the wrong reasons. Common examples of wrongful termination include terminating an employee:
- for reporting discrimination
- for reporting or refusing to take part in illegal activities
- for filing certain complaints at work
- for denying a sexual advance
- as retaliation against a whistleblower
- for bringing up a wage dispute, such as unpaid overtime
Why Choose Us?
The team at Sparrow Law Group has the experience that you need on your side when dealing with a wrongful termination. We understand how deeply personal these matters can be as well as the financial stress that can go along with them. Our Los Angeles wrongful termination attorneys will communicate directly with you to understand your situation, and we can guide you through the process of resolving a wrongful termination claim. While many wrongful termination claims are settled out of court, we are never afraid to litigate fiercely on your behalf when the situation requires it. Contact us today to put us to work for you.
What Is Wrongful Termination?
Wrongful termination occurs when an employer terminates an employee for an illegal reason. Since California is an employment “at-will” state, it can sometimes be difficult to prove that the reason for the firing was illegal. In employment “at-will” states that the employer or employee may end the working relationship for nearly any reason. However, the law provides protection from firing when employees engage in certain actions or are members of lawfully protected classes.
Employees cannot be fired for exercising certain rights, such as reporting harassment against themselves or someone else, filing a wage dispute, refusing to participate in illegal activities, denying sexual advances, or reporting discrimination. California Labor Code 1102.5 also specifically prohibits termination of an employee for whistleblowing or reporting a legal, health, or safety violation in the workplace. If an employee is terminated for behavior that is protected by law, then a wrongful termination has occurred. Additionally, an employee cannot be fired due to your membership in a protected class. Protected classes include race, religion, age, marital status, sexual orientation, and several others.
You might notice that there appears to be some overlap in the law when it comes to wrongful termination and retaliation. Much of the protected behavior by the employee is the same, but remember that an employer can be liable for retaliation without firing the employee. Retaliation can occur if an employee is demoted, given additional workload, denied a promotion, or retaliated against in other ways. Wrongful termination occurs when the employee is fired or forced to resign because of their protected behavior or membership in a protected class.
What Is Employment At-Will?
If you were recently fired without explanation, you may be wondering whether your employer had the right to do that. Most jobs in California are considered “at-will,” which means your boss can let you go without warning and without giving a reason. That does not mean every termination is legal, especially if your rights were violated.
How At-Will Employment Works in California
Under California Labor Code § 2922, employment without a contract is presumed to be “at will,” meaning an employer can terminate you at any time, with or without cause. The same is true for employees, who can also quit at any time. However, being an at-will worker does not give your employer permission to fire you for illegal reasons, such as discrimination or retaliation.
Exceptions to At-Will Employment
There are important exceptions that protect employees, even in an at-will relationship. For example, you may be covered by an implied contract, or you may have been fired in violation of public policy.
California also prohibits employers from terminating workers based on race, gender, disability, whistleblowing, or filing a workers’ compensation claim. If your termination falls into any of these categories, you may have grounds to pursue legal action.
What Should I Do After I’ve Been Wrongfully Terminated?
Getting fired unfairly can leave you feeling angry, embarrassed, and unsure of what to do next. While the situation might feel out of your hands, there are real steps you can take to protect your rights and move forward. These first few decisions matter, especially if you believe your employer broke the law.
Document What Happened and Gather Evidence
Start by collecting anything that might help support your version of events. Save your termination letter, recent performance reviews, emails with your supervisor, and anything else that could show your firing was unjust. If coworkers witnessed the incident or know about the situation, make note of their names in case you need statements later. Even text messages or calendar invites can provide important context.
Reach Out to a Legal Professional Early
Wrongful termination claims have specific deadlines, and it is easy to miss something that affects your case. Speaking with a lawyer early can help you avoid missteps and clarify whether you have legal grounds for a complaint. A trusted employment attorney can walk you through your options and make sure you feel prepared at every step.
Damages For Wrongful Termination
If an employer is found liable for wrongful termination, there are several types of damages that may be awarded to the victim. First, the terminated employee may be reinstated to their job. If this happens, they would be placed back into the same role at the same pay rate. However, reinstatement does not occur often simply due to the animosity that is present between the parties at that point in the process.
Additionally, a wrongfully terminated employee may receive monetary damages. These damages can include back pay, lost wages, attorneys’ fees, court costs, and compensation for emotional distress. In addition to “actual damages,” employers who act with malice, fraud, or oppression may be forced to pay punitive damages. Punitive damages are intended to punish the employer and prevent that type of egregious behavior in the future.
How Long Do I Have to File a Wrongful Termination Case in California?
Deadlines can sneak up on you fast after a job loss, especially when emotions are high and paperwork is piling up. If you believe your termination was illegal, acting quickly matters. Missing a deadline could mean losing your right to file entirely.
Under California Government Code § 12960, most wrongful termination claims tied to discrimination, harassment, or retaliation under the Fair Employment and Housing Act (FEHA) must be filed with the Department of Fair Employment and Housing (DFEH) within three years of the incident. If your case involves retaliation under California Labor Code § 98.7, such as reporting labor violations, you generally have one year to file a complaint with the Labor Commissioner.
Schedule A Free Consultation
If you believe you have been fired or forced to resign from your job for wrongful reasons, it is important to contact an attorney promptly. California law requires that your claim be filed within a certain period of time after your termination, or you could lose your right to bring your claim at all. Contact Sparrow Law Group for a free confidential consultation. Contact us online or call us at (310) 708-6439. Our team is ready to go to work for you today.