At Elite Employment Law, we understand that losing your job can be a devastating experience, especially if you believe it was done unfairly or illegally. While many employees in California are considered “at-will,” there are important legal protections in place to prevent wrongful termination based on discriminatory or retaliatory grounds.
At Elite Employment Law, we focus our entire practice on protecting the rights of employees. We have a deep understanding of employment law and vast experience successfully representing clients in wrongful termination cases. Contact us today to schedule a free initial consultation to discuss your case.
Why Choose Us?
If you believe you’ve been wrongfully terminated in Laguna Hills or the surrounding areas, Elite Employment Law is here to help. Our experienced Laguna Hills employment law attorney is committed to protecting your rights. We offer:
- Free Initial Consultation. We offer a free initial consultation to evaluate your case and discuss your options. We will listen to your story, answer your questions, and provide an initial assessment of your case.
- Comprehensive Case Analysis. If we believe you have a viable case, our team will conduct a thorough investigation into the circumstances of your termination, including reviewing relevant documents, interviewing witnesses, and analyzing your employer’s past practices.
- Strong Legal Representation. With over a decade of experience in employment law, we are prepared to fight for your rights at every stage. We will negotiate with your former employer, file complaints with appropriate government agencies, represent you in mediation or arbitration, and litigate your case if necessary.
- Deep Understanding of California Employment Law. Elite Employment Law has an overall success rate surpassing 97 percent, and 80 percent of those cases were resolved successfully without even filing a lawsuit.
At Elite Employment Law, we stay up-to-date with the latest changes in state and federal employment laws to ensure we’re providing our clients with the most current and effective legal strategies.
Understanding Wrongful Termination
Wrongful termination occurs when an employee is fired for illegal reasons or in violation of an employment contract. Both federal and California state laws prohibit employers from terminating employees based on protected characteristics or as retaliation for certain activities.
California At-Will Employment
California follows the “at-will” employment doctrine, meaning that, in general, both employers and employees have the right to terminate the employment relationship at any time, with or without cause. However, this doctrine is not absolute, and several important exceptions protect employees from unfair dismissal.
Protected Classes Under Anti-Discrimination Laws
Under the California Fair Employment and Housing Act (FEHA) and federal laws, employers cannot terminate employees based on:
- Race or color
- Religion
- National origin
- Gender or sex
- Sexual orientation
- Gender identity or expression
- Age (40 and above)
- Disability (physical or mental)
- Medical condition
- Pregnancy, childbirth, or related medical conditions
- Marital status
- Military or veteran status
- Genetic information
Retaliation: Another Form of Wrongful Termination
It’s illegal for employers to fire employees in retaliation for:
- Reporting workplace harassment or discrimination
- Whistleblowing (reporting illegal activities or violations of public policy)
- Taking protected leave (e.g., Family and Medical Leave Act, California Family Rights Act)
- Participating in union activities or protected concerted activities
- Refusing to engage in illegal activities
- Filing a workers’ compensation claim
- Reporting safety violations
- Discussing wages or working conditions with coworkers
Breach of Contract and Constructive Discharge
Some employees have contracts that specify the terms of their employment, including conditions for termination. If an employer violates these terms, it may constitute wrongful termination. Contracts can be written, oral, or implied based on employer policies or practices.
Constructive discharge occurs when an employer makes working conditions so intolerable that an employee feels forced to resign. This can be considered wrongful termination if the conditions were created because of discriminatory or retaliatory reasons.
Signs You May Need a Laguna Hills Wrongful Termination Attorney
Every case is unique and you should consult with an experienced wrongful termination lawyer to evaluate your situation. However, some potential signs of wrongful termination may include:
- Your termination closely followed a complaint about discrimination or harassment
- You were fired shortly after reporting illegal activities in your workplace
- Your employer gave inconsistent or changing reasons for your termination
- You were terminated while on or shortly after returning from protected leave
- Your employer violated their own termination procedures
- You were replaced by someone significantly younger (if you’re over 40)
- Your termination came after requesting reasonable accommodations for a disability
Potential Damages in Wrongful Termination Cases
If we can prove that you were wrongfully terminated, you may be entitled to various forms of compensation, including:
- Lost wages and benefits
- Emotional distress damages
- Punitive damages (in cases of egregious employer conduct)
- Reinstatement to your former position (in some cases)
- Attorney’s fees and legal costs
The Legal Process
When you work with Elite Employment Law on your wrongful termination case, here’s an overview of what you can expect:
- Initial Consultation: We will evaluate your case and explain your legal options.
- Investigation: We will gather evidence and build a strong case on your behalf.
- Administrative Complaints: If necessary, we will file complaints with relevant government agencies.
- Negotiation: We will attempt to negotiate a fair settlement with your former employer.
- Litigation: If a settlement can’t be reached, we’ll file a lawsuit and represent you in court.
- Resolution: Whether through settlement or trial, we’ll work tirelessly to achieve the best possible outcome for you.
Understand the Statute of Limitations
In California, the statute of limitations for wrongful termination cases can range from two to four years, depending on the specific circumstances of your case. However, certain claims, such as those filed with government agencies, may have much shorter deadlines. It’s crucial to consult with an attorney as soon as possible to ensure you do not miss important deadlines that could affect your right to seek justice.
Tips for Employees
While Elite Employment Law is here to help if you have been wrongfully terminated, we also believe in empowering employees to protect their rights proactively. Here are some tips:
- Document everything: Keep records of your performance reviews, any complaints you make, and any negative interactions with your employer.
- Know your rights: Familiarize yourself with your employee handbook and relevant employment laws.
- Report discrimination or harassment: If you experience discrimination or harassment, report it through the proper channels.
- Be aware of sudden changes: If you notice sudden changes in your job duties, work environment, or treatment after engaging in protected activities, this could be a sign of potential retaliation.
Contact Elite Employment Law Today
If you are in Laguna Hills or the surrounding area and believe you’ve been wrongfully terminated, don’t face this challenging situation alone. Contact our accomplished wrongful termination lawyer at Elite Employment Law for knowledgeable and experienced legal guidance and representation. We are committed to fighting for your rights and helping you seek justice.
Call us today to schedule your free consultation. Let us help you take the first step towards protecting your rights and securing your future.
At Elite Employment Law, we’re dedicated to ensuring that your rights are protected in the workplace. With our experience, knowledge, and commitment to our clients, we are here to guide you through this difficult time and fight for the justice you deserve.