Wrongful Termination Attorneys in Glendale, California

Employment is a source of income that helps people provide for their families and live comfortably. Unfortunately, some employers do not follow the law when dismissing their employees. 

Wrongful termination is a violation of an employee's rights that can have a significant impact on their career, finances, and well-being. Fortunately, California law provides protection to employees from wrongful termination. 

Our wrongful termination attorneys at Simonian & Simonian, PLC, in Glendale, California, assist employees in suing their employers for firing them in violation of state or federal law. We serve the Greater Los Angeles area, including Burbank and Pasadena. 

What Is Wrongful Termination in California?

Wrongful termination refers to any terminations that violate an employee’s rights. In California, employers cannot fire their employees for illegal reasons such as discrimination, retaliation, and breach of public policy. 

Under state law, a wrongfully terminated employee can also sue their employer if they get fired for exercising their legal rights or duties (e.g., reporting illegal activities at work).  

California follows the at-will employment doctrine. It means that either party (the employer or the employee) can terminate the employment relationship at any time, with or without cause or notice. However, there are exceptions to this rule. Employers cannot fire their employees if it violates state and federal laws and regulations. 

When Is It Wrongful to Terminate an Employee? 

Termination is always a difficult experience for any employee, but it is important to know when termination is considered wrongful. Below are common illegal reasons to terminate an employee under state and federal law:  

1. Discrimination 

If an employee is terminated based on race, gender, age, religion, or another protected characteristic, it is considered discrimination. Federal and state laws prohibit discrimination in the workplace, and employers who terminate an employee based on any of these characteristics could be held liable for wrongful termination.  

2. Retaliation

Retaliation occurs when an employer terminates an employee for reporting inappropriate behavior or engaging in any other protected activity, such as requesting accommodations for a disability. Retaliation is illegal, and employers who terminate employees in retaliation for engaging in protected activities could be held liable for wrongful termination. 

3. Violates Public Policy

If an employer terminates an employee for refusing to engage in illegal activity or reporting criminal activity, it is considered a violation of public policy. This type of termination is considered wrongful and allows the employee to take legal action against their employer. 

4. Written Promises

An employer who terminates an employee in violation of a written employment agreement or contract could be held liable for wrongful termination. It is vital for employees to review their contracts and understand their rights in the event of termination. 

5. Implied Promises

An employer who terminates an employee in violation of implied promises could also be held liable for wrongful termination. For example, if an employee was promised job security and terminated without cause, they could argue that the employer breached an implied promise of job security. 

6. Whistleblowing

Employees who report illegal or unethical behavior are considered whistleblowers. Employers who terminate employees in retaliation for whistleblowing could be held liable for wrongful termination. Whistleblowers are protected under a variety of laws, and employers who violate these laws could face serious consequences. 

Understanding Constructive Discharge

Constructive discharge is another form of wrongful termination that employees need to be aware of. It involves creating such a hostile work environment that an employee feels compelled to resign voluntarily. A hostile work environment includes harassment, discrimination, retaliation, and other forms of abuse. Employees who resign due to a hostile work environment may have a claim for constructive discharge if they can prove that their employer’s actions were unlawful. 

Can I Sue My Employer? 

Employees can seek legal action if they believe that their termination was illegal, abusive, or unjust. Victims of wrongful termination in California are required under state law to file a complaint with the Department of Fair Employment and Housing (DFEH) before they can sue their employer in civil court.  

The DFEH is a state agency that enforces California’s anti-discrimination and retaliation laws. The DFEH will investigate the claim and decide whether to pursue legal action against the employer. In some cases, it may be more appropriate to pursue a claim through the Equal Employment Opportunity Commission (EEOC). Discuss your best course of action with a wrongful termination attorney before filing a civil claim against your employer.  

When you have evidence that supports your claim, you are in a much stronger position to achieve a favorable outcome in your case. Your wrongful termination attorney will help you gather the necessary evidence to build a strong case. As evidence can come in many forms, such as emails, HR documents, and witness opinions, an attorney will know when and how to collect and present it.