Wrongful Termination

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It is illegal for your employer to fire you:

• because of your real or perceived race, gender, disability, medical condition, age, ethnicity, religion, military/veteran status, or sexual orientation, among other protected characteristics;

• because you engaged in protected activity, which includes but is not limited to reporting or opposing discrimination or harassment in the workplace, reporting or refusing to engage in illegal conduct, or taking or requesting certain protected leaves of absence like military leave or FMLA leave;  

• in violation of a written or oral employment contract.

In order to prevail on a wrongful termination claim based on a discrimination or retaliation theory, an employee must produce evidence showing that their protected characteristic or protected activity was at least a substantial motivating reason, although not necessarily the only reason, for the employer’s termination decision. Such evidence often includes direct written or oral statements of the employer or its agents, instances of similar discrimination or retaliation in the workplace, the timing of the adverse action, and/or a showing that the employer’s cited reason for the termination lacks credence.

The type and extent of remedies available to an employee in a wrongful termination case depends on numerous factors, but often sought remedies include  past lost wages, future lost wages, compensatory damages for pain and suffering and attorneys fees and costs.  Depending on the facts and legal claims in the case, punitive damages may be available.  Additionally, under the Fair Employment and Housing Act (FEHA) and other statutes, while not commonly exercised, the Court has the power to issue injunctive and equitable relief, for instance ordering reinstatement of a wrongfully terminated employee.  

If you believe that you may have been wrongfully terminated in violation of state or federal law, email using the contact form or call 909-247-6742  to set up a free phone consultation.