San Bernardino Wrongful Termination Lawyer

Wrongful Termination Attorney In San Bernardino, CA

Employees who are fired under suspicious or unlawful circumstances should never have to deal with their former employer alone. I’m a San Bernardino wrongful termination lawyer fighting to protect your rights. I work with employees to assess whether their termination might be illegal and pursue justice and compensation if warranted.

I’m skilled at helping my clients through the intricacies of employment law in San Bernardino and throughout San Bernardino County. You can count on me as an advocate fighting for your rights every step of the way.

At-Will Employment in California

California is an at-will employment state. This means that the law gives employers the right to fire employees for any reason or no reason at all. There are several important exceptions to the at-will doctrine under both state and federal law, and a termination that violates these exceptions can be wrongful. Among the most common exceptions are: 

• Discrimination. Under California’s Fair Employment and Housing Act (FEHA) and federal law, it is illegal to terminate someone on the basis of a protected characteristic such as race, gender, age, disability, religion, or marital status. Such actions are considered workplace discrimination.
• Constructive discharge. If you quit your job because working conditions were so intolerable that a reasonable person would feel forced to resign, you may have a claim for wrongful termination. This is common in cases of extreme harassment.
• Violation of public policy. Wrongful termination in violation of public policy may occur when an employee is terminated for refusing to break the law, serve on a jury, or act in a manner that contradicts fundamental principles of our society.
• Retaliation. Employers cannot legally terminate an employee for exercising their legal rights, such as filing a complaint of harassment or unsafe working conditions, or taking protected leave from work, including family or medical leave.
• Breach of good faith. California law also imposes an implied covenant of good faith and fair dealing in an employment relationship, even in at-will employment. An employer may not mislead an employee about termination policies or terminate an employee in a manner that contradicts company policies.

The number of discrimination charges filed in San Bernardino with the Equal Employment Opportunity (EEOC) rose for the second year in a row, according to the agency’s FY 2023 enforcement and litigation statistics report. In FY 2023, the agency received 81,055 charges of discrimination, a 10% rise from the prior fiscal year. This is the most the agency has seen since FY 2017.

Signs You May Have Been Wrongfully Terminated

Keep in mind that not all firings are illegal, but certain patterns or events may signal that your termination was not lawful. For example, if you were fired after a very short period of time after reporting harassment, unsafe working conditions, or wage violations, you may have been retaliated against.

Other suspicious circumstances include if you were suddenly demoted or given an unfavorable performance review that is out of line with your previous work history, or singled out for termination when there are other workers with similar performance issues who are not terminated. If you were asked to break the law by your employer and then fired for refusing to do so, you could have grounds for filing a claim.

Subtle discrimination concerning protected characteristics like age, gender, or race can form the basis of a wrongful termination claim. If any of these scenarios sound familiar to you, you should speak with a Downey wrongful termination attorney to discuss your situation, learn about your rights, and take legal action.

What to Do if You’ve Been Wrongfully Terminated

Wrongful termination is often disguised as other legitimate reasons, allowing employers to avoid legal issues. This means they may not likely tell you that they fired you for illegal reasons, but may claim it’s for legitimate purposes. Because of this, it’s essential to know how to gather the proper evidence that points to a wrongful termination.

Act quickly and in an organized manner. Gather all documentation, such as emails, text messages, performance reviews, and notes of any relevant conversations you had that are related to your termination. Take notes of the dates, times, and details of all conversations you have had with your employer about your termination.

Request a written documentation of the reason behind your job termination since it constitutes critical evidence for your legal claim. In certain cases, you must file a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC) prior to filing a claim.

An experienced San Bernardino wrongful termination lawyer can ensure that your evidence is properly preserved, all deadlines are met, and your rights are protected in any negotiations or litigation. Quick action is important, as it can increase your chances of recovery and help preserve your evidence.

Damages Available Under California Wrongful Termination Laws

Employees who are illegally terminated in California can recover damages for the injury they suffered. Most awards include back pay for any lost wages between the termination date and the resolution of the claim. Front pay may also be awarded instead of reinstatement in some wrongful termination cases.

Front pay can also be sought for lost benefits, such as health insurance, retirement plans, and stock options. There are situations where courts grant financial compensation to employees who suffered mental distress from anxiety and humiliation. Punitive damages may also be available to punish a particularly malicious employer.

Attorney’s fees and court costs can also usually be recovered. This means that it’s possible to pursue a claim without having to pay the price alone. It’s essential to understand the available damages and to have an attorney who can thoroughly evaluate the full value of a claim. A qualified lawyer can fight for the maximum possible recovery.

Hire a Wrongful Termination Lawyer

If you think your termination was illegal, you need to hire a wrongful termination lawyer. A San Bernardino wrongful termination attorney can assess the facts of your case, explain your rights under California law, and stand up for you when employers try to sweep the issue under the rug.

Every stage demands both strategic thinking and meticulous accuracy, whether it involves filing claims or appearing in court alongside you. With a lawyer who handles your case in person, you can be assured your voice is heard.

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Call Us Today(626) 219-6773

Contact Esperanza Anderson Today

If you believe you were wrongfully terminated, don’t wait to protect your rights. I aggressively represent clients myself at the San Bernardino Superior Court and provide guidance in Spanish for Spanish-speaking employees. Contact me today to review your case and begin working toward justice and fair compensation.