Oakland Wrongful Termination Attorneys

Tens of Millions Recovered for Our Clients

Workplace injuries give the injured employee the right to file a claim for workers’ compensation. Despite California laws which clearly lay out this right, many employers choose to retaliate against employees who do file a workers’ comp claim. While all forms of retaliation are illegal, the last course of action is naturally the most severe.

If you were terminated after filing a workers’ compensation claim, we at Pacific Workers', The Lawyers for Injured Workers want to help. Our team of retaliation attorneys​ ​​​​​​share more than 130 years of experience and believes in the just treatment of all Oakland employees. With our firm on your side, you can confidently stand up to mistreatment in the workplace.

When is a Termination “Wrongful?”

Employers have the right to fire their employees but only when their reasons for doing so don’t violate the law. In the United States workers are protected from being let go from their jobs unfairly. Many of these laws focus on preventing workplace harassment, a common cause in wrongful termination, however, there are a few other laws preventing firing in the case of a breach of contract and whistleblowing, among others. At times, employers will choose other relation tactics other than firing.

This retaliation can take place in many forms, including:

• Demoting the employee
• Discriminating against the employee
• Firing the employee altogether

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Understanding Wrongful Termination in California

California is an “at-will” state; that means employers in California reserve the right to fire an employee at any time, with or without notice, for nearly any reason. However, an employer cannot fire you for reasons that are discriminatory or retaliatory in nature. As a person and an employee, you have rights. If an employer violates those rights by terminating your employment, you have grounds for a wrongful termination suit.

To put it simply, you can file a wrongful termination complaint if, in firing you, your employer violated:

• A state law
• A federal law
• Public policy
• Your employment contract

In other words, if your employer violated the law in any way in firing you, that is considered wrongful termination. This means your employer cannot fire you because of your race, ethnicity, age, sex, disability, religion, marital status, or any other protected class. You also cannot be fired in retaliation for seeking workers’ compensation or if you suddenly become disabled due to a work-related injury.

Common Reasons for Wrongful Termination Lawsuits

Just as an employer cannot violate your rights in firing you, your employer also cannot fire you for exerting your rights. This means that if you are fired after filing a workers’ compensation claim, you may be able to take action against your employer.

Some of the most common reasons wrongful termination lawsuits are filed include:

• Allegations of discrimination based on race, color, disability, age, sex/sexual identity, etc.
• Termination after taking protected leave under the Family and Medical Leave Act
• Retaliation for seeking workers’ compensation benefits
• Retaliation for whistleblowing/reporting illegal employer activities
• Termination after exercising the right to vote/protesting public policy
• Employee’s refusal to take part in illegal activity
• Retaliation after filing a complaint of workers’ law violations

Remember: you cannot file a wrongful termination lawsuit just because you were fired and you believe it was unfair. Your employer can fire you for virtually any reason except for those listed above. If you believe your rights were violated, reach out to our wrongful termination lawyers to learn more about your legal options during a confidential case evaluation.

What Are the Grounds of Wrongful Termination?

There are a few grounds that you can use in the case between an employer and a former employee. While these don’t apply to every state, here are some recognized by California law.

Violation of Written Contract

This violation is one that all 50 states recognize as hard evidence that can be presented in court. Both parties must uphold the employment contract as signed and notarized at the beginning of employment.

Any violation of the document is known as a “breach of contract.” If employers, for example, have stated in the written contract that you will receive bonuses each year but have failed to deliver, then it is a definite breach you can use against them.

Public Duty Before Job Security: Violations of Public Policy

The state of California recognizes this as grounds for wrongful termination. If you were fired because your employer won’t grant you time to go out and exercise your democratic right to vote, it is unjust and can warrant legal action. The same goes for being absent from work for jury duty.

Word of Mouth: Implied Contract of Employment

Wrongful termination lawsuits can vary from case to case. An implied contract of employment is a non-written or verbal agreement between the employer and employee.

There are many ways to go about breaching this contract. One example is using the employee handbook as material to prove mistreatment. If you have been fired despite being a model employee who has not broken any handbook rules, then you can contest if it states that “only employees who violate these terms will be subject to termination.”

This can also break a “covenant of good faith,” which is another violation of an implied contract. For example, suppose an employer promises you a promotion with a raise or job security for life but ends up firing you. In that case, it can damage your self-esteem and completely ruin your professional standing.

Constructive Discharge

Resignation is technically not considered termination, but if you were in any way coerced to resign, that could be considered wrongful termination. If you can prove that your employer made it intolerable for you to work in their environment deliberately, then you have the right to file a lawsuit against them.

How to File a Wrongful Termination Lawsuit in California

Wrongful termination can be a confusing and distressing experience for anyone who has been dismissed from their job. It is crucial to understand what constitutes wrongful termination, how to identify it, and the steps to take in addressing the issue. In this blog, we will delve into the intricacies of wrongful termination cases and provide valuable insights to help you navigate the complexities of this legal matter.

1. Recognizing Wrongful Termination

Wrongful termination occurs when an employer terminates an employee in violation of their legal rights. This can include dismissal based on discrimination, retaliation, or breach of an employment contract. Some common examples of wrongful termination include:

• Termination due to race, gender, sexual orientation, or other protected characteristics
• Dismissal in retaliation for reporting harassment or other illegal activities
• Termination in violation of an employment contract or collective bargaining agreement

It is essential to familiarize yourself with the federal and state laws governing employment discrimination and retaliation to better understand your rights.

2. Gathering Evidence and Documenting the Termination

If you suspect that you have been wrongfully terminated, it is vital to gather and preserve evidence that supports your claim. This can include:

• Employment records, such as performance evaluations and disciplinary actions
• Communications with your employer, including emails and text messages
• Witness statements from coworkers or other individuals who can corroborate your allegations

Additionally, it is crucial to document the circumstances surrounding your termination, including the reasons provided by your employer and any actions taken by them leading up to the dismissal.

3. Seeking Legal Advice and Representation

Once you have gathered evidence and documented your termination, it is essential to consult with an experienced employment attorney who can evaluate your case and advise you on the best course of action. They can help you determine if you have a valid wrongful termination claim and guide you through the process of filing a lawsuit or pursuing a settlement.

At Pacific Workers', The Lawyers for Injured Workers, we specialize in providing expert legal representation for individuals who have experienced wrongful termination. Our team of skilled attorneys can help you navigate the complexities of employment law and ensure that your rights are protected.

4. Filing a Complaint with the Appropriate Agency

If your attorney determines that you have a valid wrongful termination claim, they may advise you to file a complaint with the appropriate government agency, such as the Equal Employment Opportunity Commission (EEOC) or the California Department of Industrial Relations. These agencies are responsible for investigating employment discrimination and retaliation claims and can provide valuable resources and support during the process.

5. Pursuing a Lawsuit or Settlement

In some cases, pursuing a lawsuit or settlement may be the most effective way to resolve a wrongful termination claim. Depending on the circumstances of your case, you may be entitled to compensation for lost wages, emotional distress, and other damages. An experienced employment attorney can help you evaluate your options and determine the best course of action for your situation.

At Pacific Workers', The Lawyers for Injured Workers, we understand the devastating impact that wrongful termination can have on an individual's life and livelihood. Our team of dedicated attorneys is committed to providing comprehensive legal representation and support for those who have experienced unlawful dismissals. If you believe you have been wrongfully terminated, contact us today for a free consultation and let us help you seek justice and compensation for your losses.