Orange County Wrongful Termination Attorney
If you were suddenly fired from your job, you might have many questions running through your mind. How will I pay my bills? What will my future look like? How soon will I get another job? Will future employers hold it against me?
When you believe you are the victim of wrongful termination, you will undoubtedly have more questions and fears. How can you prove that wrongful termination occurred? Where can you go to seek justice?
Wrongful termination is against both California and federal labor laws. At MJB Law Group, our Tustin wrongful termination attorneys will tirelessly protect your employment rights and hold your employer accountable. Employers cannot illegally fire their workers even in employment-at-will states like California. If they do, they face severe legal consequences.
What is Wrongful Termination in California?
Employers can fire an employee at any time in California and without reason. This is because California is an “at-will” employment state. However, sometimes, an employer wrongfully terminates an employee and breaks the law.
In California, the Fair Employment and Housing Act (FEHA), the California Labor Code, and/or the National Labor Relations Act (NLRA) all protect employees from unfair termination. You must show that your employer violated these laws to prove that you were wrongfully terminated.
Types of Wrongful Termination
Wrongful termination is a complex legal issue that can have serious consequences for both employers and employees. If you believe that you have been wrongfully terminated, it is important to speak with an experienced employment law attorney at MJB Law Group. We have considerable experience helping victims of wrongful termination. Here are some of the wrongful termination cases we’ve handled.
Discrimination occurs when an employee is fired because of race, gender, age, disability, or another protected characteristic. This type of wrongful termination is prohibited by federal law and state and local anti-discrimination statutes. Employers may also be liable for wrongful termination if they allow a hostile work environment to exist, or if they fail to take appropriate action when an employee reports discrimination.
When you are terminated as a form of revenge for engaging in protected activity, such as reporting discrimination or harassment, filing a workers’ compensation claim, or participating in a union, it is known as retaliation. If you suspect that you were fired in retaliation, it is advisable to seek the assistance of a law firm to help you fight back and protect your rights.
Breach of contract
Your employer cannot fire you if the termination violates the terms of your contract. This can include firing you before the end of a contract term, firing you without following the proper procedures outlined in the contract, or firing you without providing the required notice or compensation.
How Do I Prove Wrongful Termination?
In most cases, employers in California have the legal right to terminate their employees’ contracts without any justification or reason. In fact, many opt not to give a reason to protect themselves against lawsuits later down the road. When this occurs, you may feel confused and frustrated. You may also wonder if you even have a case, and if you do, how can you prove it?
After a wrongful termination, reach out to our Tustin law firm. Our employment attorneys have years of experience handling wrongful termination cases like yours, and we know the best ways to collect the evidence you need to hold your employer accountable.
To win your case, our attorneys will gather critical evidence, including but not limited to:
- Emails. This includes emails about your employment, such as communication with your employer or colleagues about work-related matters.
- Text messages. If you communicate with your employer or colleagues via text message, we will want to keep those conversations.
- Performance reviews. Copies of your performance reviews can demonstrate your value as an employee.
- Employment-related notices. Termination or layoff notices, and official paperwork related to your employment, such as your offer letter, contract, or job description, can help us build your case.
- Employee handbook. Our attorneys will gather copies of your employer’s employee handbook, as it can provide valuable information about your rights and responsibilities as an employee.
- Employee contracts. If you have signed an employment contract, we will gather a copy for your records.
- Pay stubs. Our attorneys may collect your pay stubs to help calculate lost wages in the event of a dispute with your employer.
- Communication with coworkers. If you have had any conversations with coworkers about your termination or employment-related matters, we will want a record of those conversations.
- Witness Statement. Some of the best evidence can come from percipient witnesses who observed you be subjected to illegal behavior. Our attorneys will contact these witnesses and obtain critical statements from them to support your case.
How Long Do I Have to File a Wrongful Termination Lawsuit in California?
In California, the time limit for filing a wrongful termination lawsuit varies based on the reason for termination. However, typically, employees have between 2 and 3 years from the date of termination to file their lawsuit.
- Breach of Contract – 2 years
- California Fair Employment and Housing Act (FEHA) – 3 years
- California Worker Adjustment and Retraining Notification Act (WARN Act) – 3 years
- Whistleblowing protections – 3 years
It’s crucial to act quickly if you think you have a valid case. If the statute of limitations expires, you won’t be able to file a lawsuit at all to collect the compensation you deserve.
Contact Our Tustin Wrongful Termination Lawyers
At MJB Law Group, we want you to know that you don’t have to face wrongful termination alone. Let’s work together to find a solution that works for you. Contact our Tustin wrongful termination lawyers today to get started – we serve all of Orange County, CA. Together, we can protect your rights and hold your employer accountable.
Contact us for a FREE case evaluation and consultation. Call us today at (949) 266-0880 or fill out our confidential contact form. We are here to guide you through the legal process after a wrongful termination.