Huntington Beach Wrongful Termination Lawyer
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Being fired from a job can be stressful and confusing, leaving you unsure what to do next. However, taking the proper steps immediately after being fired is crucial for your future employment prospects and legal rights.
Experts estimate that around 150,000 people are unjustly fired every year, leading to significant financial and other consequences. This injustice profoundly affects workers and their families, affecting more than just their bank accounts. With expertise in local employment laws and a commitment to standing up for workers’ rights, they provide the guidance and representation needed during such challenging times.
If you’ve been dismissed from your job and suspect it wasn’t fair or legal, finding the right support is crucial. A Huntington Beach wrongful termination lawyer from Feher Law can be your ally in navigating these turbulent waters, ensuring that your rights are protected, and seeking justice on your behalf.
Why Feher Law?
When you entrust your employment law case to us, you gain access to tailored advantages crafted to navigate the complexities of such legal matters:
- Litigation and Trial Expertise: From initial claim filing to complex litigation and trial advocacy, our team possesses comprehensive experience in all legal proceedings. We leverage strategic insights to present your case powerfully and secure the justice you deserve.
- Compassionate Strategies: We understand the distress and vulnerability often associated with seeking legal assistance, especially in wrongful termination or discrimination cases. Our approach prioritizes empathy and support to guide you through the process.
- Great Results: Feher Law has a strong history of winning big money for people in work-related legal cases. For example, in April 2021, we helped a man who lost his job unfairly after he got hurt at work. According to California law, his employer fired him instead of trying to find a solution together. We fought for him and won him $1 million.
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What Is Wrongful Termination in the Workplace?
Wrongful termination refers to the unlawful dismissal of an employee from their job, typically violating employment laws or public policy. It occurs when an employer fires an employee for discriminatory, retaliatory, or illegal reasons. Wrongful termination can take various forms, including:
- Discriminatory Termination: When an employer fires an employee based on their race, gender, age, religion, disability, or other protected characteristics.
- Retaliatory Termination: Occurs when an employee is fired in retaliation for engaging in protected activities, such as reporting workplace harassment, discrimination, or illegal activities, or for exercising their legal rights, such as taking medical leave or filing a workers’ compensation claim.
- Breach of Contract: An employer terminates an employee, violating an employment contract or agreement, either written or implied.
- Violation of Public Policy: When an employee is fired for reasons that violate public policy, such as refusing to engage in illegal activities, whistleblowing, or exercising legal rights.
Wrongful termination laws may vary from state to state, and understanding the specific legal protections available in your jurisdiction is crucial. Victims of wrongful termination may be entitled to various forms of relief, including reinstatement, back pay, front pay, compensatory damages, punitive damages, and attorney fees.
Seeking legal advice from an experienced Huntington Beach employment lawyer can help determine the viability of your wrongful termination claim and explore available legal solutions.
Get to Know Wrongful Termination Laws
In California, wrongful termination laws offer serious protections to employees against unjust dismissal. Understanding these laws is essential for both employers and employees to navigate the complexities of employment relationships effectively.
Here’s a detailed overview of California’s wrongful termination employment laws:
- At-Will Employment: California follows the doctrine of at-will employment, meaning that employers can generally terminate employees for any reason or no reason as long as it’s not unlawful. However, there are significant exceptions to this rule, as outlined below.
- Protected Characteristics: Under California’s Fair Employment and Housing Act (FEHA), it is illegal for employers to terminate employees based on protected characteristics such as race, gender, age, religion, disability, marital status, sexual orientation, gender identity, pregnancy, or national origin.
- Retaliation Protections: California law prohibits employers from retaliating against employees for engaging in protected activities, such as reporting workplace discrimination or harassment, filing complaints with government agencies, participating in investigations, or exercising their legal rights.
- Whistleblower Protections: California’s whistleblower laws protect employees who report illegal activities, violations of laws, or unsafe working conditions. Employers are prohibited from retaliating against whistleblowers, including termination, demotion, or harassment.
- Breach of Contract: If an employee has an employment contract, either written or implied, and the employer breaches that contract by terminating the employee without proper cause or following prescribed procedures, it may constitute wrongful termination.
- Public Policy Exceptions: California recognizes wrongful termination claims based on violations of public policy. For example, terminating an employee for refusing to engage in illegal activities, reporting workplace safety violations, or exercising legal rights may be considered wrongful termination.
- Remedies: Employees who prevail in wrongful termination claims may be entitled to various remedies, including reinstatement, back pay, front pay, compensatory damages, punitive damages, and attorney fees.
How to Know if You Have Been Wrongfully Terminated
Determining whether you have been wrongfully terminated involves assessing your dismissal’s circumstances and understanding your legal rights. Here are some indicators that you may have been wrongfully terminated:
- Discrimination: If you were fired based on protected characteristics such as race, gender, age, religion, disability, or pregnancy, it may constitute wrongful termination under anti-discrimination laws.
- Retaliation: If you were terminated in retaliation for engaging in protected activities, such as reporting workplace harassment or discrimination, filing a complaint with regulatory agencies, or exercising your legal rights, it could be considered wrongful termination.
- Breach of Contract: If you had an employment contract, either written or implied, and your employer terminated you in violation of the terms of that contract, it may constitute wrongful termination.
- Violation of Public Policy: If your termination violates public policy, such as firing you for refusing to engage in illegal activities, whistleblowing, or exercising your legal rights, it may be deemed wrongful termination.
- Unlawful Reasons: If your employer terminated you for reasons that are against the law or contrary to company policies, it could be considered wrongful termination.
If you suspect you were wrongfully terminated, speak with our employment attorneys. At Feher Law, we can evaluate the circumstances of your dismissal, advise you on your legal rights, and help you determine the best course of action to pursue.
Why Hire a Huntington Beach Wrongful Termination Attorney?
Navigating workplace legal issues, like filing a complaint with the Equal Employment Opportunity Commission (EEOC) or taking legal action against your employer for things like harassment or unfair treatment, can feel overwhelming when you’re on your own. The laws about wrongful termination, both federal and in California, are complicated, making it hard to know your rights and what to do next.
That’s where having a trusted lawyer from our law firm can make a big difference.
In these situations, it’s not just about getting justice but also about getting what’s fair and feeling less stressed. Our team will work actively on your wrongful termination case to get you the money you’re owed for being wrongfully fired.
With us handling all the confusing legal procedures, you can relax and focus on moving forward. And, with our experience and dedication, you have a better chance of winning your case and getting the fair treatment you deserve.
Deadlines To File A Wrongful Termination Claim
In California, employees who believe they have been wrongfully terminated in a manner that goes against public policy are given a two-year window from their firing to initiate legal action against their employer.
If you’re fired for reasons that breach fundamental principles or societal norms—such as retaliation for whistleblowing or discrimination based on protected characteristics—you have up to two years to seek justice and potentially file a lawsuit seeking compensation or other remedies.
Initial Steps After Being Wrongfully Terminated
It’s essential to take these initial steps to safeguard your legal interests and lay the groundwork for addressing the unjust termination:
- Document Everything: Include all relevant details surrounding your termination, including dates, times, conversations, and any evidence supporting your wrongful termination claim. This may include emails, performance reviews, or witness statements.
- Review Your Employment Contract: Carefully review your employment contract, employee handbook, or any other relevant documents to understand your rights and any provisions related to termination.
- Seek Legal Advice: Consult with our experienced employment lawyers to discuss your situation and explore your legal options.
- File for Unemployment Benefits: If you’re eligible, file for unemployment benefits to provide temporary financial support while you pursue legal action against your former employer.
- Gather Evidence: Collect any additional evidence, such as performance evaluations, witness testimonies, or communications with your employer, that supports your claim of wrongful termination.
- File a Complaint: Depending on the circumstances of your termination, consider filing a complaint with relevant government agencies, such as the EEOC or the California Department of Fair Employment and Housing (DFEH), to investigate potential violations of employment laws.
Evidence to Prove Wrongful Termination
Collecting evidence is crucial to building a strong case and supporting your allegations of unjust dismissal. Here are the types of evidence that should be gathered to strengthen your claim:
- Employment Records: Obtain copies of your employment contract, job description, performance evaluations, and any other relevant documents that outline your rights, responsibilities, and job performance.
- Termination Notice: This document may contain important details about the reasons for your termination, which can be used to challenge the employer’s decision.
- Emails and Correspondence: Save any emails, letters, or other correspondence related to your termination, including communications with HR personnel or supervisors. These communications may provide valuable insights into the employer’s motives or discriminatory behavior.
- Witness Statements: Gather statements from co-workers, supervisors, or other individuals who witnessed the events leading up to your termination or can attest to any discriminatory practices in the workplace.
- Performance Reviews: Obtain copies of your performance reviews or evaluations and any commendations or awards you received during your employment. Positive performance feedback can contradict claims of poor job performance used to justify termination.
- Documentation of Discrimination or Retaliation: If you believe your termination was motivated by discrimination or retaliation, collect any evidence supporting your claim, such as discriminatory remarks, unequal treatment, or previous complaints you filed with HR.
- Company Policies and Handbooks: Review your employer’s policies, procedures, and employee handbook to determine if they were followed during the termination process. Any deviations from established procedures may indicate procedural irregularities or violations.
- Employment History: Provide a detailed account of your employment history, including dates of hire, promotions, raises, and disciplinary actions, to demonstrate your commitment and contributions to the company.
- Financial Losses: Keep records of any financial losses resulting from your termination, such as lost wages, benefits, or bonuses, as well as expenses incurred during your job search or retraining efforts.
Collecting and preserving this evidence can strengthen your wrongful termination claim and increase the likelihood of achieving a favorable outcome in your case.
What Can I Expect to Pay?
With Feher Law, you don’t have to worry about paying anything upfront for your employment law claim. We operate on a contingency fee basis, meaning you will be charged fees once we successfully resolve your case.
Our contingency fee structure is simple: we only get paid if we win your case and secure compensation for you. This ensures that our goals are aligned with yours, and you can trust that we’re fully committed to fighting for the justice and settlement you deserve.
Areas We Specialize In
Our Huntington beach employment attorneys specialize in various areas of employment law to support you through any workplace challenges you may face:
Other Locations We Serve
We proudly extend our legal services to various cities in the region, including but not limited to:
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Have You Been Wrongfully Terminated? Get Expert Help Today!
Contact our team of specialized attorneys in Huntington Beach to initiate the process of addressing your employment concerns. At Feher Law Firm, we’re deeply familiar with the intricacies of employment law and pledge to offer tailored, impactful legal strategies once we’ve reviewed your situation.
Contact us at (866) 646-6676 today to schedule a free consultation and case evaluation to get started.
Services We Offer
When it comes to your recovery and peace of mind, it’s vital to have an expert by your side that really understands the bigger picture of employment law. Explore the full range of services we offer below.
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Our team is standing by and ready to assist you. Consultations are completely free and confidential. We will help you determine if you have a case.
- Over $100 Million Recovered For Clients
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FAQs
What are the rules of termination?
The termination rules vary depending on factors such as employment contracts, company policies, and state laws. Employers are generally required to provide termination notice, comply with contractual obligations, and adhere to anti-discrimination laws. Additionally, some states have specific regulations regarding notice periods, severance pay, and reasons for termination.
How do you respond to termination of employment?
When responding to termination of employment, it's essential to remain calm and professional. Consider asking your employer to clarify the reasons for termination and reviewing your rights, including any severance pay or benefits entitlements. If appropriate, negotiate the terms of your departure, such as references or continuation of benefits. It's also advisable to seek legal advice to understand your options and ensure your rights are protected.