Wrongful Termination Attorney Walnut Creek

Aggressive Legal Advocacy in the Bay Area

California is an at-will state, meaning that an employer can in theory choose to fire an employee at any time, for practically any reason. The legal reality is that an employer cannot fire an employee for illegal reasons, and you have rights if you are wrongfully terminated.If you believe you were fired on unlawful grounds, our wrongful termination attorney Walnut Creek is ready to help you explore your legal options. 

Our team at Ratner Molineaux, LLP regularly handles wrongful termination cases resulting from employment discrimination and retaliation and can provide the tenacious representation you need to hold your employer accountable. Depending on the circumstances of your case, you may be entitled to recover compensation for lost wages, emotional pain and suffering, and punitive damages. We have a strong track record of successfully advocating for our clients in wrongful termination cases and will fight to secure the maximum level of compensation available to you.

Grounds for a Wrongful Termination Claim in California

California employees are protected from being fired on certain protected grounds under state and federal laws. A vast majority of wrongful termination cases occur as a direct result of discrimination or retaliation.

In California, your employer cannot fire you as a result of your:

• Race
• Religion
• National Origin
• Sexual Orientation
• Gender Identity
• Political Beliefs
• Pregnancy or Marital Status
• Physical or Mental Disability
• Age (if over 40)
• Medical Conditions
• Military or Veteran Status
• Genetic Information

Employers also cannot retaliate against you for exercising your legal rights, such as:

• Filing a Workers’ Compensation Claim
• Filing a Sexual Harassment Claim
• Reporting a Workplace Sexual Assault
• Reporting Workplace Discrimination
• Complaining about Unfair Pay or Unsafe Workplace Conditions
• Blowing the Whistle on Unlawful Behavior
• Requesting and Taking Protected Family or Medical Leave

In Walnut Creek, understanding your rights is crucial. Our wrongful termination lawyers emphasize that while an employer might cite innocuous reasons for dismissal, such as "company restructuring," these can be pretexts for unlawful termination due to discrimination or retaliation. Employees should meticulously document all employment interactions following any complaint or suspicion of protected characteristics being affected.

Most wrongful terminations will be suspiciously timed. Consider an example scenario where your pregnancy – which you previously did not disclose – is now unavoidably apparent to colleagues in your workplace. Despite a strong performance record, you are surprised to learn you are being dismissed for ambiguous, unclear reasons. In this case, there is a good chance your employer discovered the pregnancy and chose to wrongfully terminate you to avoid having to provide you with pregnancy disability leave and other accommodations.

In an example involving retaliation, you might be experiencing sexual harassment at work and decide to report the issue to your company’s HR department. While the HR representative might appear to be empathetic to your concerns, you are unsatisfied with the results of the internal investigation and elect to file a complaint with the Federal Equal Employment Opportunity Commission. You are soon summoned to your boss’s office and told you are being let go for “not being a team player.” Your employer likely retaliated against your decision to file a complaint, and you thus likely have a wrongful termination case.

California employees are considered at-will by default unless their employment agreement specifically states otherwise. Though most California workers are hired at-will, some employees – particularly executives – may sign contracts, including union contracts, that guarantee they can only be fired under specific, outlined circumstances. In these cases, you may have a wrongful termination claim if your employer violates your employment agreement.

It can sometimes be difficult to determine whether you have been wrongfully terminated and whether there is sufficient evidence to file a claim. Our Walnut Creek wrongful termination attorneys can carefully evaluate the available evidence and advise whether you have a strong case. To bolster your understanding, we offer educational seminars and resources about employee rights and wrongful termination laws. We believe that informed employees are empowered employees and take pride in being a resource for those navigating these difficult circumstances.

Exploring Legal Recourses Beyond the Initial Complaint

If you suspect that your termination was unlawful, seeking immediate legal counsel from a wrongful termination lawyer Walnut Creek can help you understand your rights and potential recourses. Beyond filing a complaint, you can start by gathering evidence that illustrates the timeframe and circumstances surrounding your dismissal. This includes saving any emails, performance reviews, and maintaining a journal of events leading up to and following the termination, all of which can be vital for building a strong legal foundation in Walnut Creek.

Choosing to pursue mediation or settlement avenues may be another viable option before committing to a lawsuit. Mediation can offer a more expedited resolution while preserving professional relationships. The team at Ratner Molineaux, LLP can guide you through these initial steps, ensuring that all actions are methodically documented and strategized to achieve favorable outcomes.

Schedule a free initial consultation with our team by calling (925) 332-1444 or contacting us online to speak with a wrongful termination lawyer near you.

Recovering Damages in a California Wrongful Termination Lawsuit

In California, you must file a wrongful termination lawsuit within two years of the date you were fired. Any legal action pursued after this deadline will almost certainly be dismissed, so it is important to act quickly when you believe you may have been fired illegally.

If you win a wrongful termination lawsuit in California, you may be able to recover several types of damages. We can help you understand what types of compensation you can expect in your case.

You will in most situations be able to obtain compensation for lost wages. This includes any salaries or wages you would have otherwise received had you not been wrongfully terminated. You may also be able to secure monetary damages for lost benefits (such as accrued vacation time, scheduled bonuses, and retirement plan contributions) and future economic losses resulting from the unlawful firing.

Emotional pain and suffering damages are designed to compensate you for any anxiety, depression, or emotional distress you incurred as a result of your wrongful termination. Punitive damages will in rare cases be awarded if an employer’s conduct is especially egregious, fraudulent, and/or malicious.

It is crucial to gather thorough documentation and speak with our team promptly to ensure all avenues of compensation are pursued diligently. Our attorneys can provide detailed insights into how various forms of damages are calculated and how you can maximize your claim under the scrutiny of California law.

Understanding the Impact of Wrongful Termination on Your Career

Wrongful termination can have lasting effects on your career and personal life. It can be difficult to find new employment, and many individuals experience a loss of confidence and anxiety over the uncertainty of their future employment status. The economic impact can be significant, adding stress to an already challenging situation. Our Walnut Creek wrongful termination attorneys understand these hardships and strive to provide not only legal support but also guidance on navigating the professional repercussions of wrongful termination.

Finding new employment in Walnut Creek or the broader Bay Area might require addressing gaps in employment history and demonstrating resilience in the job market. If you've been wrongfully terminated, it's essential to maintain a proactive approach by engaging in professional development opportunities and expanding your network, both of which can alleviate the negative impacts of the termination on your career.

Schedule a free initial consultation with our team by calling (925) 332-1444 or contacting us online to speak with a wrongful termination attorney near you.

Comprehensive Wrongful Termination FAQs

What Constitutes Wrongful Termination in California?

Wrongful termination occurs when an employee is fired for illegal reasons, such as discrimination based on race, gender, or other protected characteristics, or as retaliation for exercising legal rights. Employees in California are protected by robust state labor laws that prohibit terminations founded on discriminatory practices or retaliatory motives.

How Do I Know If I Have a Wrongful Termination Case?

If you suspect your termination was based on illegal grounds or followed a protected action (like reporting harassment), it’s crucial to consult with an attorney who can evaluate your case and advise on possible legal action. Key indicators of wrongful termination often involve a notable change in working conditions after filing complaints, unjustified disciplinary actions, or termination without substantive performance-based grounds.

What Should I Do Immediately After Being Terminated?

Document all relevant details surrounding your termination, including communications with your employer, reasons given for your dismissal, and any incidents leading up to it. Seek legal advice as soon as possible. It's beneficial to compile a detailed account of events related to the termination, including dates, times, and specifics of all relevant conversations and actions.

How Long Do I Have to File a Wrongful Termination Lawsuit?

In California, you must file your lawsuit within two years from the date of termination. It’s essential to act promptly, as delays can jeopardize your case. Prompt legal consultation can help ascertain whether your termination falls under the legally defined wrongful discharge and ensure all relevant documentation is organized and filed timely.

What Kind of Damages Can I Recover From a Wrongful Termination Lawsuit?

You may be entitled to recover lost wages, benefits, emotional distress damages, and, in some cases, punitive damages if the employer’s actions were particularly egregious. Legal guidance can help you evaluate the different types of recoverable compensation based on unique circumstances and ensure thorough preparation for potential legal proceedings.

Our Walnut Creek wrongful termination lawyers understand how these cases are adjudicated in California courts. Our team at Ratner Molineaux, LLP is proud to provide comprehensive legal counsel and representation to employees that have been adversely impacted by wrongful termination, and we will fight to do everything possible to secure a favorable outcome in your case. We also offer guidance on organizational policies and preventative measures to help businesses avoid wrongful termination disputes, reinforcing fair labor practices across industries in our community.

Do not let your former employer get away with wrongful termination. Schedule a free initial consultation with our team by calling (925) 332-1444 or contacting us online.