Advocating For The Rights Of Southern California Employees Since 2007

Helping You Fight Back Against Wrongful Termination

Last updated on April 4, 2024

Wrongful terminations can be financially, professionally and emotionally costly. These cases can be complicated, especially when employees go up against established companies with seasoned corporate lawyers ready to defend them. To make sure that your rights and interests are protected — and that your case is positioned for a favorable outcome — it’s crucial to retain the representation of an experienced lawyer.

When employers wrongly terminate workers and violate their rights, the Los Angeles-based team at Moon Law Group, PC, will be ready to help workers fight back, pursue justice and secure the recoveries they deserve. Our wrongful termination attorneys have extensive experience upholding workers’ rights and helping them seek justice after they have been wrongly terminated.

Steps To Take After Being Wrongfully Terminated

Being fired unexpectedly can be stressful in any situation, but if you suspect wrongful termination in California, it can add to your distress. But taking charge can help you feel more in control of your fate and may result in possible compensation for your damages. With that in mind:

  • Seek legal expertise: Wrongful termination cases can be intricate. Consult an experienced attorney familiar with California employment laws immediately. They can assess your situation and offer valuable legal insights, such as if and when to sign any documents (severance agreement, etc.) your employer presents.
  • Act quickly. The clock is ticking. You have 21 days to review any severance offer, with seven days to retract your acceptance. If discrimination is suspected, seek guidance from an EEOC counselor within 45 days of the incident and file a formal charge within 180 days.
  • Gather evidence. Build your case by collecting documentation. Keep a detailed record of events, including dates, times, locations and the names of any witnesses present. If discrimination is suspected, document instances of harassment or unequal treatment.
  • Maintain social media silence. Avoid discussing your termination on social media. Information you post online can be accessed and used against you in court.

A wrongful termination lawyer can advise on additional specifics particular to your case.

How Does Filing A Complaint Work In California?

A successful wrongful termination claim necessitates a strategic approach. Your lawyer will guide you on where to file based on the termination reason. Breaches of contract often head straight to state or federal civil court.

Discrimination claims, however, take a different route. The U.S. Equal Employment Opportunity Commission or a designated state agency becomes the first stop. The EEOC investigates your claim and will issue a “right-to-sue” letter allowing you to pursue legal action if it validates your claims.

Your lawyer will draft and file the complaint with the EEOC, triggering their investigation. Once served with the formal notice, your employer will respond.

The legal process then kicks into high gear, starting with discovery, in which both sides exchange information and documents crucial to their case. Each side may also record and transcribe depositions for use at trial. Remember, most wrongful termination cases are settled outside of court. Your lawyer will be critical in evaluating any settlement offers and ensuring they are in your best interest.

When Do Dismissals Constitute Wrongful Termination?

California’s Labor Code specifies that employers in the state can fire employees for any cause at all — or for no reason whatsoever. This makes California an “at-will” employment state. Despite this at-will employment relationship, however, there are certain instances when firing an employee is illegal. In fact, any dismissal that violates California or federal laws can constitute a wrongful termination.

When wrongful terminations occur, employees can sue their former employers, holding them accountable for breaking the law and violating their rights. Dismissals, layoffs and firings are illegal when they involve:

  • Discriminatory practices: It is against the law for employers to fire employees based on race, ethnicity, national origin, color, gender, religion, age, level of ability and/or state of pregnancy.
  • Bad faith practices: Bad faith actions occur when an employer fires a worker to prevent him or her from collecting bonuses, to replace a worker with others who will do the job for less, etc.
  • Violations of public policy: Examples include firing workers for taking time off to complete civic duties (like voting or serving in the military) or for becoming whistleblowers.
  • Breach of written or implied promises: When employers make promises in employment contracts or via verbal agreements, firing an employee before the term of the contract can constitute a wrongful termination.
  • Fraud: Firing an employee for reporting an employer’s fraudulent actions, participating in fraud investigations or refusing to engage fraudulent actions is wrongful termination.

Get A Free Wrongful Termination Consultation

No one should have to experience a wrongful termination. Schedule a free initial consultation with Moon Law Group, PC, in Los Angeles. We will provide honest feedback and keep your case as cost-effective as possible. Get your consultation by calling 213-320-0519 or by sending our law firm an email.