Frequently Asked Questions

A “wrongful termination” occurs when an employee is fired for reasons that violate the law and/or important public policy. Common examples of illegal termination include firing an employee for discriminatory reasons (like age, sex, disability, etc.) or in retaliation for legally-protected activity (like complaining about sexual harassment).
It’s important to remember that, even if a termination is unfair and you believe you did nothing wrong, it’s not necssiarly illegal unless it relates to a law that has been broken (i.e. laws against discrimination, harassment, retaliation, etc.).

If you are an “at-will” employee, it simply means your employer can fire you at any time for any reason, as long as it’s not an illegal reason. Even if an employer does not establish “just cause” to support an at-will termination, employees are still protected by state and federal laws.

If you believe you have been wrongfully terminated, don’t hesitate to contact an attorney AS SOON AS POSSIBLE! It is crucial that you speak with an experienced wrongful termination lawyer because there are many variables in each case which require someone knowledgeable in employment law to evaluate.
Importantly, there is a statute of limitations for filing a claim. Waiting too long could prevent you from obtaining the compensation and justice you deserve.

Unfortunately, with California being an “at-will” state, your employer could fire you for any reason, one being because you don’t get along with your supervisor (i.e. personality difference). In order for a termination to be deemed as wrongful, you will need to prove that the termination involved a violation of law (i.e. laws preventing discrimination, harassment and retaliation for protected classes).

If you are forced to quit your job because you were suffering from illegal working conditions (such as sexual harassment or discrimination in the workplace) and your employer makes no effort to alleviate the situation for you, you may have a good claim for constructive discharge. Thus, even if you were not terminated, you can still sue for wrongful termination due to the circumstances being so intolerable, that there was no other option but to quit.
Constructive termination cases are, however, more difficult to litigate, as you will have to convince a judge or jury that conditions were so intolerable that “no reasonable person” in your situation could have continued to remain in that workplace. This is easier said than done, as many prospective jurors may disagree on how severe your situation was. Thus, you should consult with an experienced employment attorney before you quit your job.

Usually, no. California is an ‘at-will’ state (see above for that definition), therefore, an employer does not need to give a reason before firing you.

Usually, you can seek both compensatory damages and punitive damages, which are awarded at trial.
Like the name implies, Compensatory damages are meant to compensate for your lost income, benefits, and any emotional distress you may have suffered and will continue to suffer into the future. As such, a jury will usually award four items as part of compensatory employment damages: (1) Past lost wages and benefits, (2) Future lost wages and benefits, (3) Past emotional distress and (4) Future emotional distress.
Punitive damages, however, are meant to act as punishment to the employer for illegal conduct and can only be awarded if the jury agrees that the employer acted with “malice, oppression or fraud” in wrongfully terminating your employment. For example, if the employer willfully lied and tried to cover up the illegal behavior (like fabricating an alternate reason for your termination) it could be viewed as “fraud” and thus active an award of punitive damages. There is no “one size fits all” approach to punitive damages, as it will depend on the severity of the conduct and the size of the employer – meaning larger companies will require a larger punishment for them to “feel the sting” of punitive damages.

Assuming it’s a reasonable accommodation that doesn’t cause an “undue burden,” then yes.
The Fair Employment and Housing Act (“FEHA”) and Americans with Disabilities Act (“ADA”) requires employers to make reasonable accommodations for present and prospective employees with disabilities. As mentioned above, the key word is “reasonable.” As long as the accommodation does not impose undue hardship on the employer (i.e. doesn’t unduly interfere with their ability to operate as a business), they are required to accommodate your disability.
Notably, employers are not required to create a new job or position in order to accommodate a disability, nor are they required to grant open-ended “indefinite” medical leave. This is why most all medical professionals will place employees on leave or a finite amount of time, usually 2-6 week increments, at which point they will be reevaluated.

If you reported your employer for illegal conduct so an investigation could begin, you’re considered a whistleblower. If your employer found out about your report and took adverse action against you to retaliate, this is whistleblower retaliation. Examples of this type of retaliation include wrongful termination, denial of promotions and raises, a demotion, or harassment at work. It’s illegal for your employer to retaliate against you for the protected activity of reporting unlawful conduct, so you may be able to get compensation through a whistleblower retaliation claim.

It’s illegal for an employer to discriminate against an employee due to age, but this only applies to people 40 and older. If you’re at least this age and believe this is why your employer treats you poorly, you may be facing age discrimination at work. Examples of this discrimination include being denied raises, not being invited to meetings and social functions, and not getting promotions despite having the qualifications. Hearing age-based insults and jokes at work can also be a sign that you’re being discriminated against.

If you have a mental or physical disability restricting a major life activity, you may be entitled to reasonable accommodations. These are modifications that will make it possible for you to do your job. For example, if you’re in a wheelchair, your employer should make any necessary changes to ensure that your desk, walkways, and restrooms are accessible to you. Additionally, if modifying your schedule or working remotely would make it easier for you to work, these accommodations should be available as long as they don’t cause undue hardship on your employer.

If your employer’s behavior toward you is unfair or illegal, you should discuss this with Orange County employment law attorneys. If it’s determined your employer broke one or more laws by allowing or encouraging discrimination, harassment, or retaliation against you, it’s important to hold them accountable. Initiating a lawsuit will ensure they realize their actions were wrong and can get you the compensation you deserve as a victim of unjust treatment at work.

California is an at-will state, so you can be fired for nearly any reason. However, there are some exceptions to this. If your employer fired you out of retaliation for a protected activity or discrimination based on protected characteristics, this could be considered unlawful termination. In addition, if you had an employment contract in place and your employer ignored its termination procedures, you might have a wrongful termination claim to pursue. Contact Orange County employment law attorneys to get help through the legal process.

If you belong to a protected class and your employer took adverse action against you because of this, you might have been discriminated against at your job. It’s against the law for an employer to refuse to hire or promote an employee based on race, religion, color, national origin, disability, genetic information, marital status, pregnancy, veteran status, sexual orientation, gender identity, or age, if 40 or over. If your employer penalized or terminated you based on these characteristics, you may be a victim of workplace discrimination.

Your employer must pay a minimum wage that meets or exceeds the standards set by state and federal agencies. You can take legal action for wage violations if they do not pay minimum wage or higher. Additionally, if you worked overtime and your employer didn’t pay wages reflecting this, your lawsuit can request compensation for the unpaid wages. Other wage and hour violations in California might involve accusations that your employer didn’t give you breaks or reimburse you for work expenses. Orange County employment attorneys can help you request payment for all your wages when you file a lawsuit.

There are two main forms of sexual harassment in the workplace. One is quid pro quo, in which a supervisor promises work benefits, such as raises and promotions, in exchange for sexual favors. The other is a hostile work environment, in which coworkers or supervisors make you feel uncomfortable or offended through inappropriate touching or unwelcome comments of a sexual nature. If you’ve experienced either type of sexual harassment, contact an attorney in Orange County, CA for assistance holding your employer accountable.

We only operate on a contingency fee basis – meaning we do not recover any fees unless and until we obtain a recovery on your behalf.

It is impossible to know until we have reviewed all the facts and evidence of your case. Even then, the value of your case will depend on many other factors such as your claims, case venue, Defendant’s insurance coverage, judge, arbitration, etc.

The longer a case takes, the more it generally costs. Our firm will advance all costs on your behalf during the lifetime of your case.

This will also depend on many factors and cannot be predicted. Generally speaking, it can take anywhere between six months to four years to resolve your case.

It may take anywhere from several days to several weeks for us to properly evaluate your case. We want to be able to gather all evidence and documents we need to make the right decision.

This also depends – Some cases may resolve confidentiality before a lawsuit is filed while others may require extensive litigation before the Defendant offers a fair settlement. Roughly 5-10% of cases may require a trial and verdict.

We only handle employment cases dealing with wrongful termination, discrimination, harassment, retaliation and related claims. We do not handle labor union disputes or issues.