Wrongful Termination
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Wrongful Termination

Our experienced wrongful termination attorneys understand that losing a job can be incredibly challenging, both financially and emotionally. If you believe you have been wrongfully terminated, an experienced employment law attorney can help you secure the compensation you deserve.

Being fired is difficult for anyone, but being unlawfully dismissed without a valid reason is even worse. Fortunately, there are steps you can take to seek justice, and the skilled lawyers at Heidari Law Group are ready to help you get started today.

In California and Nevada, employees have the right to know the reason for their termination. If an employer fails to provide a valid reason or does not disclose why the employee is being let go, there can be serious legal repercussions.

• Financial Compensation: You may be entitled to back pay, front pay, and other financial damages.
• Emotional Distress: Compensation for the emotional impact of losing your job unlawfully.
• Reinstatement: In some cases, you may be able to get your job back.
• Punitive Damages: Employers who act egregiously may be liable for additional punitive damages.

Contact an employment law attorney today to ensure your rights are protected and to start the process of obtaining the justice you deserve.

What Is the Statute of Limitations for Wrongful Termination in California?

The statute of limitations for wrongful termination varies by state and by the type of employment lawsuit. In California, employees have three years from the date of their wrongful termination to file a lawsuit.

Key points to remember:

• Timeframe: You must file your wrongful termination lawsuit within three years of the date you were terminated.
• Consequences of Delay: If you file your lawsuit after the three-year period, the court will dismiss your case, and you will lose the right to seek legal recourse.

It is crucial to act promptly and consult with an experienced employment attorney to ensure you meet all deadlines and protect your rights.

What is Wrongful Termination in California?

Wrongful termination occurs when an employee is dismissed from their job in a manner that violates their legal rights. Each state has different statutes and laws regarding wrongful termination, and it’s important to understand how these apply in California.

In California, employees are generally considered “at-will,” meaning employers can terminate them at any time and for almost any reason. However, even at-will employees are protected against unlawful termination.

Unlawful Termination in California

Unlawful termination in California includes dismissals that:

• Discriminatory Reasons: Firing an employee based on race, gender, age, religion, disability, or other protected characteristics.
• Retaliation: Terminating an employee for engaging in legally protected activities, such as filing a complaint, whistleblowing, or participating in an investigation.
• Violation of Employment Contract: Dismissing an employee in a way that breaches the terms of their employment contract.
• Violation of Public Policy: Terminating an employee for reasons that go against public policy, such as refusing to engage in illegal activities or taking time off for jury duty.

Understanding Your Rights

If you believe you have been wrongfully terminated, it’s crucial to understand your rights under California labor law. Unlawful termination is not simply about unfair treatment or personal grievances; it involves a violation of statutory or contractual rights.

Consulting with an experienced employment attorney is essential to protecting your rights and exploring your options.

What’s the Maximum Compensation for Wrongful Termination?

This is a common question many clients ask our employment attorneys. However, there is no simple answer, as the compensation for wrongful termination varies greatly depending on the circumstances of each case. Factors that influence the amount include:

• Type of Termination: The nature and reasons behind the termination can significantly impact the compensation amount.
• Emotional Distress: Employees who experience significant emotional distress due to wrongful termination may be entitled to additional compensation.
• Lost Wages: Compensation for lost wages, including back pay and front pay, is typically a significant portion of the settlement.
• Lost Benefits: Reimbursement for lost benefits, such as health insurance and retirement contributions, can also be included.
• Punitive Damages: In cases involving egregious or malicious conduct by the employer, punitive damages may be awarded to punish the employer and deter future misconduct.
• Legal Fees: Compensation may include reimbursement for attorney fees and other legal costs.

Each wrongful termination case is unique, and the potential compensation can vary widely. To get a more accurate estimate of what your wrongful termination lawsuit might be worth, contact an employment law attorney.

What Damages Can I Receive After Being Wrongfully Terminated?

In both Nevada and California, there are certain types of compensation one could receive after being wrongfully terminated. These types of damages include:

• Pain and suffering: This is one of the most common types of compensation you could receive from your wrongful termination lawsuit. We have several experts to help establish the plaintiff’s pain and suffering/emotional distress. Our experts include mental health experts, psychologists, etc.
• Legal and attorney fees: If you win your wrongful termination lawsuit, you have a right to recover your attorney’s fees from your employer. 
• Punitive damages: This happens in certain cases when the employee is able to show that the employer acted with malice
• Past lost wages: This includes a variety of benefits and wages that were lost because of the wrongful termination, such as wages, overtime pay, insurance, pensions, stocks, and tips.
• Future lost wages: If the plaintiff was able to get another job, but that new job does not pay as much as the old one, the plaintiff could potentially be able to recover the difference in salary.
• Rehiring: In certain cases, if the employee wants their job back, the court may order the employer to reinstate the fired employee. This is a very rare case.

What is Retaliatory Wrongful Termination?

Both state and federal laws protect employees against retaliatory action for reporting the wrongdoing of their employer or when an employee is exercising their legal rights. This occurs in circumstances when the employee engaged in some type of action, such as whistleblowing, and was retaliated against by being let go by their employer. 

What Are Examples of Retaliatory Wrongful Termination?

• Reporting or filing a complaint about sexual harassment or other unlawful conduct
• Filing a complaint about labor code violations including reporting misclassification of contractors, unpaid wages, or unsafe working conditions
• Filing a request to receive entitled benefits such as medical leave or overtime pay
• Refusing to follow an employer’s orders to take part in activities that would break the law
• Reporting of a company’s violation of laws to an outside source such as a law enforcement agency, body of government authority, or employee of the company who, such as an HR representative, who can work to correct the violation.

What is Discriminatory Wrongful Termination?

Discriminatory wrongful termination occurs when an employee is dismissed primarily due to discrimination based on their inclusion in a protected class. To successfully claim discrimination in a wrongful termination case, the employee must demonstrate that their dismissal was significantly influenced by discriminatory factors.

In both California and Nevada, wrongful termination due to discrimination is illegal. Discrimination in this context is defined as the dismissal of an employee based on their membership in a protected class, such as:

• Race or Ethnicity: Unlawful termination due to racial background or ethnic origin.
• Gender: Dismissal based on the employee’s gender, including pregnancy or gender identity.
• Sexual Orientation: Termination due to an employee’s sexual preference.
• Age: Discrimination against employees over 40 years old.
• National Origin: Dismissal based on the employee’s nationality or birthplace.
• Religion: Termination due to religious beliefs or practices.
• Disability: Unlawful termination based on physical or mental disabilities.
• Family Status: Discrimination against employees based on marital status, parenthood, or caregiving responsibilities.
• Veteran Status: Unlawful termination of veterans or military personnel.

If you believe you have been wrongfully terminated due to discrimination, it’s crucial to seek legal assistance. An experienced attorney can help you gather evidence, build a strong case, and pursue the justice you deserve.

How Can I Prove Retaliatory Wrongful Termination?

Proving retaliatory wrongful termination can be challenging, but there are several types of evidence that can help establish your case. Here are some examples our attorneys use to demonstrate that an employer has wrongfully terminated an employee in retaliation:

• Evidence of Discrimination Against Other Co-Workers: Demonstrating that other employees have faced similar discriminatory practices can strengthen your claim.
• Preferential Treatment of Non-Protected Class Employees: Showing that employees who are not part of a protected class received better treatment can indicate discriminatory intent.
• Timing of Termination: Highlighting that the termination occurred shortly after the employee reported a pregnancy, injury, or other protected activity can suggest retaliation.
• Disproportionate Dismissals: Providing evidence that older employees are dismissed at a higher rate than younger employees can indicate age discrimination.
• Inconsistent Performance Evaluations: Comparing past praise of the employee’s performance with the reason given for termination (e.g., firing an employee for poor work ethic despite previous commendations for their work ethic) can reveal ulterior motives.
• Violation of Company Policies: Showing that the employer did not follow their own termination procedures can suggest that the dismissal was unjust and retaliatory.

These examples illustrate various ways to establish a case for retaliatory wrongful termination.

What Will Our Wrongful Termination Attorneys Do?

Our attorneys will work to protect your rights. Below are some examples of how we will handle your wrongful termination lawsuit. 

1. Consultation: Usually, all lawsuits start with a consultation with an attorney. Our experienced attorneys will review the circumstances of your workplace termination. We may need you to bring in different types of documents, such as your employment contracts and employment policies. Based on that we will be able to determine exactly what your employer violated.
2. File a lawsuit: Our top-rated employment and labor attorneys will file your lawsuit and represent you in court, along with filling out all the necessary paperwork and motions.
3.  Negotiate: We will negotiate with your employer and/or their insurance company to see if we can come to some sort of settlement agreement.
4.  Trial: Usually, employment lawsuits do not go to trial. Employers are more likely to settle in order to prevent going to trial, since trial could get very costly. In the event that we are not able to settle, our trial attorneys will be ready and prepared to assert your workplace rights. 

How Are Our Attorneys Paid?

Our attorneys work on a contingency fee basis, which essentially means that you will not have to pay us unless we win compensation for you. Please visit our page on contingency fees.