Downey Wrongful Termination Lawyer

Wrongful Termination Attorney In Downey, CA

Workers in Downey who experience job termination under dubious or illegal conditions should never face their former employer alone. I’m here to stand up for you as your Downey wrongful termination lawyer. A lawyer can help determine if wrongful termination has occurred and how to fight for your rights so you get the compensation and justice you deserve.

Understanding At-Will Employment in California

California is generally considered an “at-will” employment state. An employer holds the legal right to dismiss employees without needing to provide any justification for doing so. There are exceptions to that rule. If your termination violated any of them, you could have a wrongful termination claim. Some of these exceptions include:

• Discrimination termination. It is illegal to fire you because of your protected characteristics if you were terminated due to your race, gender, age, disability, marital status, or any other characteristic protected by state law (California’s Fair Employment and Housing Act (FEHA)) and federal laws.
• Retaliation. Retaliation is forbidden. You cannot be fired for reporting a violation of the law, such as an unsafe condition or harassment, or for exercising a right, such as taking medical leave.
• Violations of public policy. A discharge in violation of public policy can also serve as the basis for a wrongful termination claim. If you were fired because you refused to commit an illegal act, or if you acted in accordance with important societal principles, California courts have repeatedly ruled that such terminations are illegal.
• Good faith and fair dealing. The implied covenant of good faith and fair dealing remains applicable in California’s typically at-will employment environment. You can file a claim against your employer if they broke faith by misleading you about termination practices or fired you in violation of their own policies.
• Constructive discharge. California recognizes the theory of constructive discharge. If you were forced to quit because working conditions were made so intolerable that a reasonable person would have no choice but to quit, you can pursue a wrongful termination claim on that theory as well.

Signs You May Have Been Wrongfully Terminated

With wrongful termination, it is rare that an employer says outright that they are firing you for illegal reasons. For example, an employer may not claim to be firing you due to your race or religion, as they are aware that this is illegal and could result in extensive legal troubles. Wrongful termination is often disguised behind other reasons. This means that it’s essential to search for clues that indicate wrongful termination. Some signs include:

• You were let go shortly after reporting unsafe working conditions, illegal acts, or harassment.
• You were fired after you requested medical leave.
• You were given reasons that don’t hold weight, such as claiming it was for cutbacks, but you were the only one fired, and you were later replaced.
• You were told it was due to poor performance, but you have no history of negative reviews, especially since your employer spoke highly of you until the termination.
• Those in similar circumstances were also terminated. For example, in the company’s history, anyone who announced a pregnancy was eventually terminated, even if stated for a different reason.
• During a shift in the company, terminations were anticipated, but those with similar protected characteristics were disproportionately affected, such as individuals over the age of 40, members of a certain race, or all the women.

If these situations, or something similar, have happened to you, you may have grounds for a wrongful termination claim. A Downey wrongful termination attorney can help you with your claim.

What to Do if You Believe You’ve Been Wrongfully Terminated

Acting quickly and in an organized manner can be crucial in achieving the optimal outcome for your case. Document everything. Collect all emails, text messages, performance reviews, and any other documentation that shows how you have been treated at your job. Make written notes of conversations, with dates and times, if possible, that involve your termination.

Ask your employer, in writing, for the reason for termination, as having the employer put the reason for termination in writing is very important. If your employer has violated your rights, you may be required to file a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC) prior to filing a claim.

An attorney can review all of the evidence, help you with important deadlines, and advocate on your behalf in negotiations or litigation to protect your rights. The important thing is not to delay in pursuing your claim, as time may cause your evidence to become stale and can lessen the amount that may be recovered in your case.

Damages Under California Wrongful Termination Laws

Discrimination charges filed with the Equal Employment Opportunity (EEOC) increased for the second consecutive year, as the EEOC’s FY 2023 enforcement and litigation statistics report was published. The agency recorded 81,055 discrimination charges in FY 2023, a 10% increase from the previous year. This is the highest number of charges the agency has received since FY 2017. Common damages that a person can recover in wrongful termination cases include:

• Back pay
• Front pay
• Lost benefits
• Emotional distress
• Punitive damages
• Legal fees

It is essential to be aware of the damages available. An attorney can help determine the full value of your claim and pursue the maximum recovery to which you are entitled.

About Esperanza Anderson

I’m Esperanza Anderson, an employment attorney in Downey who serves clients throughout Los Angeles County. As an employee’s lawyer with over 25 years of experience, I work with clients one-on-one, explaining every aspect of the complex wrongful termination laws that apply and zealously advocating on their behalf.

I understand how employers may attempt to take advantage of employees, and I’ll utilize that knowledge to protect your rights. If your case involves discrimination, retaliation, or public policy violations, I can work closely with you every step of the way to represent your interests. I also appear in the Los Angeles County Superior Court in Downey, California, on a regular basis. I am fluent in Spanish and can assist Spanish-speaking clients.

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Hire a Wrongful Termination Lawyer Today

If you believe your firing was unlawful, hire a wrongful termination lawyer with Esperanza Anderson today. I am here to protect your rights. Contact us today to get started.