Pasadena Wrongful Termination Lawyer

Wrongful Termination Attorney In Pasadena, CA

Being fired from a job is often traumatic. Whether the reason for the termination was budget cuts or restructuring, it stings to hear that your employer is cutting ties with you. When the reasoning is not understandable or even seems illegal, the termination process can be unbearable. If these laws are violated, the employee has the right to seek justice on the basis of wrongful termination with the help of a Pasadena wrongful termination lawyer.

Under California law, there are certain reasons for which an employer may not fire a worker.

Why Choose Esperanza Anderson

For more than 30 years, employees from major local employers like PIH Health and Whittier Hospital Medical Center have trusted her to navigate complex wrongful termination cases. Whether you live in Old Pasadena or Bungalow Heaven, you can benefit from strong legal representation from our office, which has secured over $15 million for locals following wrongful termination claims and other violations of workplace laws.

By the Numbers: Understanding Wrongful Termination in Pasadena

Pasadena is home to a large and diverse workforce. Approximately 112,212 workers are employed in the city. The city’s largest employment sectors include Health Care and Social Assistance (19.8%), Professional and Technical Services (13.7%), and Educational Services (13.5%). Due to their size and structure, these industries frequently face claims of unlawful termination and workplace misconduct.

In 2022, California workers filed an average of 706 workplace retaliation complaints every month with the Labor Commissioner’s Office. This steady volume of complaints is a reminder of how common workers in the state rely on administrative complaints to address wrongful termination and other forms of employment law violations.

A 2023 report by the Los Angeles County Commission on Human Relations revealed a 45% increase in hate crimes, which often parallels racial or discriminatory biases in the workplace.

African Americans bear a disproportionate number of hate crimes directed at them.

Types Of Wrongful Termination

Though this topic may seem specific, there are many different ways in which an employer may fire an employee illegally. Under California and federal laws, certain criteria are protected and cannot be the reason for firing an employee. These criteria include:

• Sexual orientation
• Gender and gender expression
• Race, ethnicity, or heritage
• Religion or spirituality
• Disability or medical condition
• Age
• Pregnancy, terminated pregnancy, miscarriage, or the ability to become pregnant

A person may also be wrongfully terminated if the reason for firing has to do with workplace retaliation for speaking out against illegal or unsafe behavior or if the termination violates a contract. Though a company may fire an individual for no cause at all in the state of California, if it is discovered that one of the above criteria creates the underlying cause for the termination, legal action may be taken.

Other Employee Protections in California

If your employer fires you after you engage in a protected action, it may count as wrongful termination. In California, you are protected regarding:

• Using FMLA leave, CFRA leave, or sick leave
• Refusing to engage in dangerous or unlawful activities and reporting them
• Having to go to court for jury duty or a trial, such as being called in as a witness
• Your political views
• Requesting to be paid for your work
• Filing an official complaint with California’s Civil Rights Department about workplace violations, including harassment or discrimination
• Discussing your wages with your coworkers
• Taking care of emergencies at your child’s school
• Working in rescue operations, such as training to be a volunteer firefighter or rescue worker
• Legal activities and hobbies you engage in outside of your workplace
• Donating bone marrow or an organ
• Being a victim of a crime, including domestic violence or other safety issues

Identifying a Wrongful Termination Case

Claiming a wrongful termination case can seem complicated. Many employers are aware of wrongful termination laws and will take action to make firings seem as though they are due to legal reasons.

It may take some investigative work to build evidence around your case, as many wrongful termination situations are carefully hidden under employer excuses. These are some key signs that your termination may have been illegal:

• If you were terminated soon after revealing your sexual orientation, gender, medical condition, spiritual belief, or any other bit of personal information protected by law, you may have a case for wrongful termination.
• Lack of warning. A company may claim vague reasons for termination such as “behavior issues” or “lack of team mentality.” However, most companies provide warnings or meetings about these behaviors before terminating an employee. If you did not receive any prior warning about your behavior, it is likely that the employer is using this to cover up an illegal reason for firing you.
• Workplace procedure. Consult your workplace handbook and see what the company procedure is for terminating employees. If your employer treated other terminated employees to a certain procedure but failed to grant you the same, there may be a different underlying reason for the termination.
• Search any emails, memos, texts, and termination documents between you and your employer or managerial team. These documents may have clues about the situation surrounding your termination, whether it was warranted, and whether they are telling you the truth about their reasons for firing you.

There is no one way to identify a wrongful termination case. However, many people instinctively understand when they have been a part of one. Whether you can provide concrete proof right away or not, wrongful termination should never be tolerated, and it is always worth seeking legal advice if you feel you have been mistreated.

Immediate Action Checklist After a Wrongful Termination in Pasadena

After being wrongfully fired, there are several steps you should take to protect your rights. You should:

1. Request a complete copy of your workplace personnel file. Under California law, you have the right as an employee or ex-employee to access your personnel file and get a copy of it. The request has to be made in writing, and your employer must respond within 30 days of receiving the request.However, you can only make this request once per year. Your employer is allowed to black out the names of other non-supervisory employees before giving you access to your files. If they do not allow you to access copies of your files, they may face legal consequences, including having to pay $750 in penalties.
2. Write down a full timeline of events while your memory is still fresh. This includes the names of those involved, the time and dates of the incidents, and gathering evidence related to those incidents.This can vary depending on what happened to you, but may include written communication, such as texts, work memos, or emails between you and your employer, security footage of the incidents, eyewitness testimony from your coworkers about what they saw, and any other proof that can prove you were wrongfully terminated. Your attorney can help you gather this evidence.
3. Hire a lawyer to help you navigate the next steps in your case. This typically includes filing an official complaint at your local Labor Commissioner’s office. For workers in Pasadena, this office is located at 320 West Fourth Street in Los Angeles.The Labor Commissioner’s office then launches an investigation into your claim. Victims of wrongful termination typically have one year from the date of the incident to file their complaint.

It’s important not to sign a severance package immediately after being fired from your job if you suspect the termination is wrongful. It is recommended that you avoid discussing the situation or venting about your employer or company on social media. Do not use company equipment, such as a computer at your workplace, to email confidential documents to a personal email.

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Benefits and Wrongful Termination

Workers have the right to utilize the benefits that come with their employment. Though not every employee has the same benefits, they will be clearly spelled out at the time of hire. These benefits can include:

• Healthcare coverage
• Dental coverage
• PTO (Paid time off)
• Sick leave, including time to care for a sick dependent or family member
• Maternity or paternity leave

In some cases, an employer may grant these benefits but terminate an employee when they try to use them. This is completely illegal and is grounds for a wrongful termination lawsuit. If you were granted benefits with your employment, you have earned the right to use them as you see fit.

An employer must uphold their end of the bargain and allow you to use your benefits as spelled out in the terms of your employment. For example, it is unlawful for an employer to fire an employee because she is about to go on maternity leave because they don’t want to pay her for not being at work. Maternity leave is a legal right, and it would be wrongful termination if a person were to be let go for utilizing that right.

Retaliation and Wrongful Termination

It is important to remember that you have the right to stand up for yourself and uphold the law at work.

You are not obligated to engage in activities that are illegal or turn the other way if you see these activities occurring. If you speak up against illegal activity, you may not be fired as a result.

If you have recently approached your employer about something illegal that happened at work, or if you refused to engage in illegal activities when asked to, and you are fired, you have the right to a wrongful termination case.

At Will Laws and Wrongful Termination

In California, many workers are employed under “at-will” contracts.

This means that the employee may resign at any time and for any reason and that an employer may terminate the worker’s employment at any time for any reason. Many people mistakenly think that these laws protect them in a situation of workplace discrimination or wrongful termination, but this is untrue.

If you are fired as an at-will employee, you still have the right to fight a wrongful termination lawsuit. Do not let this term stand in the way of seeking justice. The same laws against discrimination and retaliation work for at-will employees as for contracted ones.

Recoverable Damages in a Wrongful Termination Case

Depending on the specific details of your situation, you may be able to recover:

1. Back pay. These are wages you would have earned from the date of your firing to the resolution of your wrongful termination case. This can include your regular pay, overtime, bonuses, commissions, lost job benefits, such as retirement or insurance, and raises you would have received. Because wrongful termination cases can take a while to resolve, this pay can add up and be life-changing for victims.
2. Front pay. These are wages for future compensation if you are unable to find a similar-paying job after your case is closed. This can be especially helpful for victims whose job field has limited roles, older victims who struggle to get hired, those whose reputation was damaged in their field, and being reinstated at their old job isn’t possible.
3. Non-economic damages. This is compensation unrelated to financial losses. Victims can request compensation to pay for their loss of enjoyment of life, damage to their reputation, humiliation or embarrassment, stress, anxiety, depression, and more. Depending on the severity of emotional harm caused by the wrongful termination, this amount can be high.
4. Punitive damages. This type of compensation is only awarded in specific cases where the perpetrator acted with extreme malice or fraud. They may have to pay you punitive damages as further punishment and to deter similar actions from happening to anyone else in the future.

Depending on the outcome of your case, your employer may also have to pay for your attorney’s fees, court costs, and other legal fees, such as filing fees and costs for professional witness appearances.

FAQs

What Is the Average Payout for Wrongful Termination in California?

The average payout for wrongful termination in California depends on lost wages, benefits, emotional distress, and how strong the evidence is. Some employees recover a few months’ salary, while others receive larger compensation if discrimination, retaliation, or violations of public policy are involved. A detailed record of income loss and workplace mistreatment directly affects how much a wrongful termination claim might be worth.

What Qualifies as Wrongful Termination in California?

Wrongful termination in California occurs when an employer fires someone for an illegal reason, such as discrimination, retaliation, or refusal to participate in illegal activity. Firing someone for taking medical leave, reporting harassment, or filing a wage complaint may also qualify. Even in at-will employment, workers are protected against terminations that violate state or federal law. Documentation and timing can play a key role in proving wrongful termination.

Has Anyone Won a Wrongful Termination Case?

Yes, many workers have successfully recovered compensation in wrongful termination cases. Outcomes depend on the evidence, the reason for termination, and how well the employee documents what happened. If the termination violates labor laws or protected rights, workers often receive back pay, benefits, or other compensation. Past victories have come from clear records, credible witnesses, and proof that the employer broke the law.

What Is the Burden of Proof for Wrongful Termination in California?

The burden of proof for wrongful termination in California is on the employee. You must show that the firing was based on a protected reason, such as discrimination, retaliation, or reporting legal violations. Evidence can include emails, performance reviews, witness statements, or the timing of the termination. Consistent documentation makes it easier to demonstrate that the real reason for the termination was unlawful.

Hire a Wrongful Termination Lawyer With 30 Years of Experience and Success

If you have been wrongfully terminated from a job, we are here to advocate that you receive proper compensation and that you can take appropriate legal action against your employer.

Contact our firm today to begin building your case. We’re located in Pasadena as a part of Los Angeles County. We also offer bilingual legal services to new clients who are more comfortable communicating in Spanish. Together, we can work to protect you and your job far into the future.