Berkeley Wrongful Termination Lawyer
Wrongful Termination Attorney in Berkeley, CA
Most employees are at-will employees. This means their employer can terminate their employment at any time for almost any reason. However, an employer cannot terminate an employee for an illegal reason. Wrongful termination cases are often disputed, and it can be difficult to determine whether you have grounds for legal recourse after a firing. A Berkeley wrongful termination lawyer at Valerian Law can help.
There are many exceptions to at-will employment in California law. In California, a wrongful termination is any firing that violates California laws against discrimination or retaliation, violates a public policy, violates an employee’s contract rights, or violates Worker Adjustment and Retraining Notification (WARN) notice rules set forth by the California Civil Rights Department.
An employee who loses his or her job for wrongful reasons has the ability to seek remedies under California wrongful termination law. If your employer fires you in violation of an implied contract or in violation of public policy, you may have the right to compensation. Our wrongful termination attorneys can help you.
California Wrongful Termination for Violation of Public Policy
California employees also have the right to be free from wrongful termination (or wrongful failure to promote or demotion):
- In violation of the Fair Employment and Housing Act
- Due to failure to provide reasonable accommodation for disability
- As retaliation for a qui tam lawsuit
- In violation of the Sarbanes-Oxley Act’s whistleblower protections
- Because of the employees’ political speech or activities outside of work
A Berkeley wrongful termination lawyer at Valerian Law can determine whether your recent firing qualifies as a wrongful termination under applicable California laws. If so, your attorney can help you secure your employment agreement, company handbook, emails and other correspondence, past performance reviews, witness statements, and various other pieces of evidence to start building your case.
California’s WARN Act in Mass Layoffs or Business Closures
Additionally, you may be eligible for back pay and benefits under California’s WARN Act. This will apply if you lose your job as part of a mass layoff or business closure/relocation with less than 60 days’ notice.Wrongful Termination Based on Discrimination
Discrimination involves job decisions – such as hiring, firing, and setting work conditions – that are conducted in a discriminatory manner. California employment discrimination law prohibits employers from discriminating against employees based on:
- Race, color or ethnicity
- National origin and ancestry
- Disability
- Sex
- Age (40 and over)
- Gender
- Sexual orientation
- Gender identity, gender expression
- Pregnancy (including childbirth, breastfeeding)
- Disability and medical condition, mental and physical
- Religion
- Marital status
- Reproductive health decision-making
California employment discrimination law also prohibits employers from discriminating because of the employer’s perception that the worker has a protected trait or because the worker has been associated with or advocated for coworkers who have these protected traits.
Employers that commit or fail to address discrimination in the workplace may be held accountable by the Equal Employment Opportunity Commission (EEOC) and the California Department of Fair Employment and Housing (DFEH). In addition to liability for certain damages, they can also face heavy fines and other penalties, and the company is likely to face significant reputational damage as well.
One of the most challenging aspects of any type of employment discrimination case, including wrongful termination, is proving the employer’s true motivation behind an adverse action taken against an employee. While the truth may be discrimination, the reality is that there often appears to be very little hard evidence to prove the truth of the matter. Many employers also use California’s at-will employment law as a shield.
Proving discrimination in Berkeley may be challenging, but it is not impossible when you hire a wrongful termination lawyer to assist you. The team at Valerian Law has extensive experience handling all types of employment disputes in Berkeley, including those pertaining to wrongful termination. We have resolved many of these cases, and we know the various ways that wrongful termination cases can arise in any workplace in California.
California Wrongful Termination for Complaints of Workplace Harassment
The Federal Civil Rights Act and various California state laws, including the Fair Employment and Housing Act, help to protect against workplace harassment. Harassment is mistreatment based on a protected class to the point of creating a “hostile work environment.”
California and federal law prohibit sexual harassment at work, which may take the form of unwelcome sexual advances, requests for sexual favors, or verbal or physical harassment of a sexual nature. The law also prohibits quid pro quo harassment, in which employees are offered rewards for sexual acts at work.
Wrongful Termination as Whistleblower Retaliation
California Labor Code Section 1102.5 outlines the rules regarding employer retaliation against whistleblowers, or employees who report legal violations in good faith to oversight agencies. Every California employee has the right to engage in legally protected actions without fear of retaliation from their employer, and that includes filing a whistleblower report detailing the employer’s wrongdoing.
A legally protected action could include testifying as a witness in a case against the employer, filing a report of regulatory noncompliance or illegal activity to an oversight agency, filing a good faith claim for workers’ compensation benefits or medical leave, or reporting an incident of harassment or discrimination.
Wrongful Termination for Refusal to Violate Public Policy
An employee has the right to refuse any demand from their employer to commit illegal activity. This could include fraud or any other illegal act meant to benefit the employer. If your employer has demanded that you break the law for them and they fire you in response to your refusal, it’s vital to hire a wrongful termination lawyer quickly.
Other Possible Types of Wrongful Termination in Berkeley
Wrongful termination may also entail:
- Constructive discharge, meaning the employee’s working conditions became so intolerable that the employee was compelled to resign. When a work environment becomes so hostile to an employee that they are unable to perform their job duties, the employee may have grounds for a wrongful termination case even if they are compelled to quit and are not directly fired.
- Breach of contract or breach of implied-in-fact promises. If an employer violated any written agreements with the employee, or if they made clear assurances despite any applicable at-will disclaimers, it could form the basis for a wrongful termination suit.
- Violations of federal and/or California WARN laws with respect to mass layoffs, closures, or other firings. Employers are required to provide appropriate notice for any such terminations.
- Misclassification. While it is often difficult for contractors to file wrongful termination claims, it is possible that a contractor has been misclassified, and they may meet the criteria as an employee with specific termination rights. The California ABC Test can determine whether they meet these criteria.
These are just a few possible ways for wrongful termination cases to arise in Berkeley. The team at Valerian Law can provide comprehensive legal support for all aspects of your wrongful termination case, but it is crucial to start building your case right away after your firing.
How We Build Wrongful Termination Cases in Berkeley
It can be daunting to approach a wrongful termination case, but when you hire a wrongful termination lawyer from Valerian Law to represent you, we can leverage the full extent of our experience for you. When it comes to building a wrongful termination case, we can gather various types of evidence to support your claim:
- We can look for comparators, or evidence that employees, including yourself, are or have been treated differently on the basis of protected personal characteristics, such as age, race, sex, or sexual orientation.
- We can carefully examine the timing of your firing and compare this with the correspondence between you and your employer. While an employer who knowingly fires an employee for a discriminatory reason will typically try to disguise their intentions, we can look at the temporal proximity of recent events compared to your firing to help establish causation.
- Our team can examine records and reports of past issues of discrimination with the employer, if any are available. This can potentially establish a pattern of behavior that can help you prove that your termination was indeed wrongful.
- We can examine reports of unequal discipline among the employer’s workforce. This can also help establish a pattern of behavior that can prove discrimination.
- Witness testimony sometimes proves crucial to these cases. For example, we may be able to obtain statements from witnesses who overheard retaliatory comments or any remarks indicating the employer was fully aware of their discriminatory actions.
Ultimately, these cases are inherently challenging. The team at Valerian Law has earned a strong reputation as a leading choice for employment counsel in Berkeley, and we have successfully resolved many wrongful termination cases for past clients. If you are unsure how to respond to your recent firing and believe it was wrongful, do not hesitate to reach out to Valerian Law and learn how a Berkeley wrongful termination lawyer can assist you.
Frequently Asked Questions About
Wrongful Termination
FAQS DISCLAIMER
The questions and answers presented in the FAQ are not intended to be exhaustive and do not constitute legal advice for your particular question, issue, or concern, nor does this FAQ create any attorney-client relationship or duty on our part to assist you. The information may help you think about your issues and ask the right questions if you choose to consult with an attorney.
What are some signs that I might have been wrongfully terminated?
There are several indications that an employee may have been wrongfully terminated in Berkeley, CA. These include being terminated for discriminatory or retaliatory reasons; being terminated for exercising a protected right; being terminated without notice; and being terminated in violation of company policies. If you believe you have been wrongfully terminated, it is important to contact an experienced wrongful termination attorney for advice.
Can I be wrongfully terminated if I never signed an employment contract?
Yes, an employee can be wrongfully terminated even if they never signed an employment contract. In California, most employees are considered “at-will” employees, meaning that they can be terminated at any time, for any reason, with or without notice. However, employers are still prohibited from wrongfully terminating an employee based on discrimination, retaliation, or other prohibited reasons.
Can I be wrongfully terminated if I’m undocumented or on a work visa?
Yes, an employee can be wrongfully terminated even if they are undocumented or on a work visa. In California, employers are prohibited from terminating an employee based on discrimination, retaliation, or other prohibited reasons, regardless of their immigration status. That said, employers are required to refuse to hire, or terminate, an employee once they learn of their lack of work authorization. You should note that filing a lawsuit against your employer runs the risk of retaliation by your employer. If your employer reports you to Immigration and Customs Enforcement, for example, ICE is allowed to follow up on the report, even though by making the report the employer is engaging in illegal retaliation.
Can future employers find out if I file a wrongful termination lawsuit against a past employer?
Yes. Generally, this information is publicly available, as it is filed with the courts. However, certain information contained in the lawsuit may be redacted in accordance with state and federal privacy laws. Filing a lawsuit against an employer may affect your future employment prospects, depending on the circumstances of the lawsuit. Generally, employers are wary of hiring employees who have a history of filing lawsuits against former employers. Therefore, it is important to consider the potential implications of filing a lawsuit before taking any action.
How long do I have to file a wrongful termination lawsuit?
Under California law, you have two years from the date you were notified of termination to file a wrongful termination lawsuit. There could be retaliation claims based on the same events that have a three-year deadline for filing.
I am a contractor. Can I file a wrongful termination lawsuit?
Generally, no. Usually, only employees have protections against termination for illicit reasons. However, if a worker is misclassified as a contractor when they should be considered an employee, that worker may claim wrongful termination. Such a claim would first require the worker to successfully prove that they were misclassified.
What if my employer lies about their reasons for firing me?
An employer might assert that a termination was for a lawful reason, and you may dispute the truthfulness of that assertion. During a lawsuit you have the opportunity to argue that the employer’s given reason was not the true motivation for the termination.
What if my employee handbook says my employment is “at will?”
Most employees in California are “at-will” employees, meaning they can be terminated at any time without cause. But even at-will employees are entitled to protection against termination that is illegal. For example, it is illegal to terminate an employee for participating in a lawsuit against their employer, or because of discrimination against protected characteristics such as age, gender, sexual orientation, disability, or pregnancy.
Contact Our California Wrongful Termination Lawyer for Help
If you are a victim of wrongful termination in California, you have rights. We encourage you to give us a call at 888-686-1918 to speak with one of our experienced California employment attorneys.
