Wrongful Termination

What are some signs that I might have been wrongfully terminated?

There are several indications that an employee may have been wrongfully terminated. 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.