Like most other states in the U.S., California is an “at-will” state for employment, meaning employers have broad latitude to fire employees with or without cause. However, there are limitations to an employer’s ability to terminate employment. An employee who has been subject to wrongful termination may be entitled to compensation from their employer.
If you suspect your employer has wrongfully fired you, you need a Bakersfield employment lawyer to assist you. Proving wrongful termination can be difficult, but an experienced lawyer will understand how to investigate your claim and can increase your chances of a successful resolution to your case.
Contact Omega Law Group Accident & Injury Attorneys today to learn more about how a wrongful termination lawyer in Bakersfield can help. We have decades of experience between us.
Most Employment in California is At-Will
California labor laws use a presumption of at-will employment. This means that employers can terminate employment whenever they want without prior notice or justification. The majority of private sector workers in California are at-will employees and can be fired for any reason or even no reason at all.
However, some categories of employment are excluded from this general at-will presumption, including:
- Most public sector workers
- Employees with a written employment contract
- Employees covered by a union collective bargaining agreement
Generally speaking, employees in the above categories are protected from arbitrary firings and must be fired for a contractually defined reason.
Limitations of At-Will Employment in California
At-will employees can be fired at any time and for virtually any (or no) reason, but there are limits. Employers cannot fire employees for reasons that violate public policy or state/federal anti-discrimination laws.
For example, employers are prohibited from firing employees due to certain protected characteristics, such as race, sex, national origin, religion, age, or sexual orientation.
Additionally, California law prohibits employers from firing employees in retaliation for lodging a labor complaint or claiming legitimate employment benefits, like workers’ compensation or protected medical leave.
(310) 526-8383Examples of Wrongful Termination in Bakersfield
Below are some hypothetical examples where there may be grounds for a wrongful termination lawsuit against an employer:
- An employer fires an employee because they are in a same-sex relationship.
- A pregnant employee is fired for requesting reasonable work accommodations.
- An employer replaces an older employee with a younger employee.
- An employee is fired after making a sexual harassment complaint against their supervisor.
- An employer fires an employee for filing a workers’ compensation claim.
- An employee is fired after taking medical leave for a qualifying event.
- An employer fires an employee for whistleblowing about illegal business activities.
If you are uncertain whether your case qualifies, you can talk to a Bakersfield wrongful termination lawyer from our firm to receive guidance.
How to Prove You Were Wrongfully Terminated
A wrongful termination is more than a firing you feel is unfair. You must show that your employer fired you specifically because of some discriminatory or retaliatory motive. As one might expect, employers rarely outright state that they are firing someone for an illegal reason.
As such, the core of a wrongful termination lawsuit consists of showing that the employer’s stated reasons for firing (if any were given) are a pretext for an illegal motive. Below are some types of evidence that can be used to prove an unlawful motive in firing:
- Deviation from employer policies that typically govern firing.
- Recorded communications showing discriminatory or retaliatory intent (e.g., text messages).
- Treating employees differently for the same violations.
- Witness statements about employer intentions and motives.
- Benefits requests and medical accommodation notes that were given near the time of the firing.
- Performance reviews that don’t reflect actual job performance.
Wrongful termination lawsuits operate on a preponderance of evidence standard, so you only need to show it is more likely than not that your employer fired you for an illegal reason.
(310) 526-8383Compensation You Can Recover in a Wrongful Termination Lawsuit
Employees filing a wrongful termination lawsuit can be entitled to monetary damages to compensate them for losses they suffered, including the following:
- Back pay, including the value of lost earnings and benefits due to termination
- The value of future earnings that the employee will miss out on due to career disruption
- Emotional distress and mental anguish
- Attorney and court fees
If your employer is guilty of egregious misconduct or is a habitual offender, a court can also award punitive damages to punish and deter bad behavior.
Have you been involved
in an accident?
(310) 526-8383 Contact a Wrongful Termination Lawyer in Bakersfield
The statute of limitations for a wrongful termination lawsuit can range between one and three years, depending on the nature of the violation, so you don’t have unlimited time to file. The longer you wait, the harder it will be to prove an illegal motive in firing and prove your losses.
An employment lawyer from Omega Law Group can start your case promptly and be the advocate you need to secure justice. Contact our offices online or call today to schedule a consultation with our Bakersfield wrongful termination lawyer team.
