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Wrongful Termination
LOS ANGELES WRONGFUL TERMINATION LAWYER
What Qualifies as Wrongful Termination, How to Prove It, and Filing Deadlines
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If you’ve recently been fired and are searching for a Los Angeles wrongful termination lawyer, you may be asking whether your termination was unlawful. You may also have questions about how to prove wrongful termination and how long you have to file a claim. In this article, we break down what constitutes unlawful termination, how these claims are proven, and the statute of limitations for wrongful termination claims, giving you the clarity you need before contacting a Los Angeles wrongful termination attorney.
What is wrongful termination?
In California, employment is generally at-will, meaning an employer can terminate an employee for any lawful reason or no reason at all. Then, what is wrongful termination, you may wonder. A termination becomes wrongful when an employer fires an employee for reasons that violate a statute, public policy, or a contractual right.
The most common wrongful termination claims arise when an employee is discharged for engaging in a protected activity (whistleblowing) or for a protected characteristic (discrimination). Under the California Fair Employment and Housing Act (“FEHA”), it is unlawful to terminate an employee because of the following protected characteristics:
- Age (40+)
- Marital status
- Religious creed
- Disability (physical or mental)
- Race, color, national origin, ancestry
- Sex, gender, gender identity, gender expression, sexual orientation
- Medical condition, genetic information, reproductive health decision-making
- Veteran or military status
This means an employer cannot legally fire you because of your disability, race, military status, or any other protected characteristic. An employer may also not fire you because you exercised a protected right, like reporting suspected violations of law. Understanding what is wrongful termination will help you determine whether you have a legal claim and should speak with a Los Angeles wrongful termination lawyer.
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Being wrongfully terminated, processing what occurred, and making the decision to move forward in the legal process and find a lawyer is a very frightening time. You can’t plan for it, you aren’t ready when you are wrongfully terminated. Finding Ms. Riggins and her agreeing to take my case was truly a blessing. She was strong and comforting. She made sure to cover all aspects and questions. There was never a time I felt lost or confused about what was happening. She kept me informed and prepared for the next steps. I honestly can’t thank her enough.
Jennifer
Wrongful Termination Client
What are examples of wrongful termination?
Wrongful termination can take many forms, and knowing common examples can help you determine whether your rights have been violated. Here are some real-life examples of wrongful termination:
- An employee is fired shortly after disclosing a pregnancy or requesting pregnancy-related accommodations.
- An employee was terminated two weeks after filing a complaint with human resources about racial discrimination.
- An employee is fired for refusing to participate in illegal activities, such as falsifying financial records.
- An employment contract states that the employee will only be terminated for cause, but the employer fires them without cause.
- An employee is terminated while on an approved medical leave of absence.
If these examples of wrongful termination sound similar to your situation, you should speak with a Los Angeles wrongful termination lawyer.
How to prove wrongful termination in California?
To prove wrongful termination in California, a plaintiff must show that their protected characteristic was a substantial motivating reason for their termination. Plaintiffs may prove wrongful termination in California with direct and/or circumstantial evidence. Direct evidence is rare but highly persuasive and includes:
- Written documents linking the termination to the protected characteristic (e.g., “We are not hiring women for this role”)
- Verbal statements connecting the firing to the protected characteristic (e.g., “You’re a great employee, but it’s not a good time. You can reapply after you have the baby.”)
Most wrongful termination cases rely on circumstantial evidence, which shows a pattern or timing that allows a jury to infer discrimination:
- Termination immediately after pregnancy disclosure
- Negative performance review, followed by termination, after requesting a medical leave of absence or other accommodations for a disability
- A pattern and practice of terminating or disciplining older (40+) workers
This means you do not need an explicit discriminatory statement to prove wrongful termination in California. Instead, patterns, timing, and comparative evidence can help support a claim. Keeping records and consulting a lawyer early can help ensure that key evidence is preserved and help strengthen your case.
Request a free case evaluation with a Los Angeles wrongful terminatioin lawyer via our online contact form or at 626-365-1599.
What is the statute of limitations for wrongful termination claims?
The statute of limitations for wrongful termination claims under the FEHA is two years. (Pure v. Brady Co./San Diego, Inc. (2015) 242 Cal.4th 1367, 1382-1383 [“we conclude the two-year statute of limitations under Code of Civil Procedure section 335.1 applies to a…cause of action for wrongful termination in violation of FEHA’s public policy…].) The courts have held that this statute of limitations for wrongful termination claims runs from the date of actual discharge, not the date of notice.
However, before an aggrieved employee files a lawsuit, they must “exhaust their administrative remedies.” In California, this means they must file a complaint with the California Civil Rights Department (“CRD”). A complaint alleging wrongful termination under the FEHA must be filed with the CRD within three years of the termination. This means a worker who has been wrongfully terminated under the FEHA has three years to file with the CRD, and an additional two years to file their lawsuit.
Although wrongfully terminated employees have a good amount of time to file, I highly recommend contacting a Los Angeles wrongful termination lawyer as soon after your termination as possible. Doing so will help ensure that evidence is preserved, memories of events are fresh, and that no statutes of limitations are missed.
What to do if you were wrongfully terminated?
The first thing you should do if you were wrongfully terminated is save all evidence that may support your claim, including emails, texts, chat messages, doctors’ notes, and correspondence to/from the employer. A strong wrongful termination claim is often built on numerous small pieces of evidence that help show your firing was unlawful. You should contact a Los Angeles wrongful termination lawyer to assist you with document preservation and discuss your legal rights.
Tell Us About Your Case
Call us today, or complete the contact form on this page, for a free consultation with our wrongful termination attorneys. We take most cases on a contingency fee basis, which means that there is no fee for our services unless we win your case at trial or successfully resolve your case outside of court.
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