Suing an Employer for Wrongful Termination
Have you been fired in California for an unlawful reason? Watch this video to learn about suing an employer for wrongful termination. Call our office today.
Question:
Can I sue my employer if I was wrongfully terminated?
Answer:
I’m often told by a potential 
client that they were wrongfully terminated and they want to sue their employer, or, at the very least, they want to know what their rights are regarding their former employer. We hear the term wrongful termination a lot, just in our daily lives, whether you’re an attorney or not. For the attorney, it’s important for us to slow down and try to figure out if it was not only wrongful, but also unlawful. Was it an unlawful termination? There’s a lot of statues in California that protect employees. Those statutes prohibit an employer from retaliating against employees and discriminating against employees, so it’s important to realize that you do have a lot of protections.
Sometimes you need to figure out whether or not something is just wrong or unfair , or whether it was unlawful. Even if, as you sit there right now, you think, well, I don’t know if it was unlawful, it’s important for you to get those questions answered, because you very well could have rights that you never contemplated. They could have violated that law.
If I can help you in answering any of those questions, whether or not you ever bring a lawsuit or whether or not you actually file a claim for wrongful termination, it’s important for you to have those questions answered. If I can do any of that, give me a call at the office and I’ll walk you through the process.
A California wrongful termination lawyers review can identify whether a firing violated a statute, public policy, or employment agreement. At-will employment still prohibits unlawful reasons.
Common Legal Theories
Claims may involve discrimination, retaliation for complaints or participation, protected leave, disability accommodation, wage or safety reports, refusal to commit an unlawful act, workers’ compensation activity, or breach of a written or implied contract. The facts must satisfy the elements of a specific theory; unfair treatment alone is not enough.
Agency Procedures Differ
FEHA discrimination and retaliation claims generally begin with CRD intake within three years, followed generally by one year to sue after a right-to-sue notice. Federal claims may require an EEOC charge generally within 300 days in California and suit within 90 days after the notice. Contract, whistleblower, wage, leave, public-policy, and section 132a matters can use different procedures and deadlines.
Evidence of Motive and Pretext
Preserve the termination notice, stated reason, reviews, discipline, complaints, accommodation or leave requests, schedules, pay, handbook, contract, and witness contacts. Timing can support an inference but does not prove motive. Shifting explanations, inconsistent enforcement, decision-maker comments, and comparator evidence can show pretext.
Damages and Mitigation
Potential remedies depend on the claim and can include lost wages, reinstatement or front pay, emotional-distress damages, fees, penalties, and sometimes punitive damages. Workers generally should make reasonable job-search efforts and keep applications and earnings records. No category guarantees a particular recovery.
Before Filing
Build a chronology, preserve evidence lawfully, request personnel and payroll records where appropriate, and identify contractual arbitration or notice provisions. Do not take confidential files without authorization or post details that can be misconstrued.
Common Questions
Do I always need a right-to-sue notice?
No. It applies to particular discrimination statutes, not every wrongful-termination theory.
Does close timing prove retaliation?
No. It is one fact among knowledge, explanations, performance, comparisons, and other evidence.
Can a layoff be wrongful?
Yes if an unlawful reason influenced selection, but a legitimate reduction can occur. Selection criteria and comparators matter.
Contracts, Handbooks, and Arbitration
A written contract may limit termination reasons or require procedures. An implied agreement can arise from assurances, policies, longevity, and the parties’ conduct, though disclaimers and surrounding facts matter. A handbook violation does not automatically create a contract claim.
An arbitration agreement may change where the dispute is heard without eliminating substantive rights. Preserve the signed agreement, opt-out record, policies, and later revisions. Filing and agency deadlines can continue even while enforceability is disputed.
Request final pay, benefits, personnel, and payroll records through lawful channels. Keep job-search efforts and replacement earnings because mitigation affects wage loss. If health coverage ends, calendar continuation elections separately from legal claims.
Seek review before signing severance, resignation, or release terms.
Act promptly.
Are you or a loved one in the process of filing an employment claim in California and have questions about suing an employer for wrongful termination? Contact the experienced California employment law attorneys at the Myers Law Group today for a free consultation and case evaluation.
We can help get your life back on track.
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