Wrongful Termination in California: Frequently Asked Questions

If you have been terminated from your position recently, you may be wondering whether your termination is wrongful and if so, whether you have a potential claim. Read on to discover some of the most frequently asked questions about wrongful termination in California.

Can I File for Wrongful Termination in California?

California, like most states in the United States, is an “at-will” employment state. That means that for the most part, anyone can be terminated from his or her place of work for any reason. However, California has carved out a number of exceptions to this rule. There are some reasons for which an employer may not terminate an employee. If you were terminated for one of these reasons, you may have a claim for wrongful termination.

What are the Grounds for Wrongful Termination?

There are several grounds for wrongful termination in California. For instance, if you have a contract that promises you employment for a specific period of time, the employer cannot violate that contract except for a few specialized reasons. An employer may not fire for discriminatory reasons or to retaliate against an employee for engaging in a legally protected activity. An attorney experienced with wrongful termination cases can help you explore other grounds for wrongful termination.

What Damages can I Recover?

There are several different types of damages, or forms of compensation, to which you may be entitled if you were wrongfully terminated. You may firstly be entitled to reinstatement, to get your job back. You may be entitled to recover past and future lost wages and benefits. You may also be able to recover attorneys’ fees and even punitive damages (extra damages intended to punish a defendant for particularly malicious conduct). There may be other types of compensation to which you may be entitled, but only an attorney can assist you in finding out for sure.

How do I Prepare My Claim?

Document, document, document! It is essential that you document every interaction you have and every action your employer takes with dates, times, and details. This record will assist you in filing your claim and explaining your position. Remember to take these notes in a form that comes home with you, and do not keep them in the workplace. Your second step should be to review your employment contract, if you have one, to see if you have been fired for circumstances prohibited by your employment agreement. Finally, remember to be civil and avoid giving your employer ammunition to use against you in the event your claim goes to court.

How do I File?

In some ways, the answer to this question depends on what the grounds for the wrongful termination were. In some cases, you may be required to first file an administrative claim with the EEOC or the DFEH before pursuing a civil case in court.

An attorney with experience in wrongful termination cases can assist you in determining whether and how you should file your claim. Contact one today to secure your rights and interests in your potential wrongful termination claim.