Do I Have a Wrongful Termination Case?
As an at-will employment state, California gives employers considerable leeway when it comes to firing employees. Your employer can fire you right now, with no explanation, and it may be well within their rights.
Many at-will employees believe they have been wrongfully terminated when, in fact, they haven’t. For example, if you are the only person of color in your workplace, your performance reviews are always outstanding, and you are suddenly fired, this doesn’t necessarily constitute wrongful termination based on race discrimination.
However, under the same circumstances, you may have a wrongful termination case if there is evidence of discrimination on the part of your employer, such as:
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Written correspondence from your employer containing racially hostile statements.
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A history of your employer firing people of color despite excellent job performance.
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Coworkers who can testify that they have observed racial hostility on the part of your employer.
The same principles apply to cases in which employees are fired in retaliation for exercising a right such as taking job-protected leave, filing a workers’ compensation claim, or reporting illegal activity taking place on the job. For example, it’s not illegal to fire an employee after they file a workers’ compensation claim, but it is illegal to fire them because they filed a workers’ compensation claim. It takes expertise in employment law to prove that you were fired in an act of discrimination or retaliation.
Your best chance at achieving justice is hiring an attorney.
Hoge Law Firm Can Help Protect Your Rights
If You Have Been Wrongfully Terminated
There is limited time in which to file a wrongful termination claim, depending on the nature of the termination. As time passes, evidence becomes harder to obtain and gather.
The best way to protect yourself following a wrongful termination is to consult a lawyer as soon as possible. Hoge Law Firm can place you in contact with a San Diego wrongful termination lawyer who understands the complexities of employment law and can help you collect maximum restitution for lost wages, legal fees, pain and suffering, and more. If your case is pursued on a contingency fee basis, a wrongful termination attorney generally collects nothing unless and until your case ends in a settlement or jury award.
Whether you experienced discrimination, retaliation, or a breach of an employment contract, Hoge Law Firm is here to assist you in protecting your rights. To request your free consultation, write to our San Diego law firm or call:
Whether you experienced discrimination, retaliation, or a breach of an employment contract, Hoge Law Firm is here to protect your rights.
Time Is of the Essence You Have 2 Years to File a Wrongful Termination Claim
In California, workers who have been wrongfully terminated typically have just two years from the date of their termination to file a claim against their employer. Getting in touch with an attorney now gets you one step closer to obtaining compensation for emotional distress, physical pain, loss of professional reputation, and more. Reach out to Hoge Law Firm today and we can connect you with a trusted San Diego-area attorney.
Public Policy Violations
When it comes to wrongful termination, the term "public policy violations" generally refers to firings used as retaliation against employees who:
Report illegal activity (also known as being a whistleblower), such as your employer asking employees to work through state-mandated breaks.
Refuse to perform illegal activity such as overcharging clients or destroying certain data.
Exercise a right. For example, the California Family Rights Act (CFRA) requires that employers of five or more employees provide a certain amount of job-protected leave for needs like disability (such as having given birth), a family member requiring care, or bonding with a new child.
Act in the public interest, such as taking time away from work to serve on a jury.
Breach of Contract
If you believe you have been subjected to a wrongful termination due to a breach of your employment contract, get in touch with Hoge Law Firm. A wrongful termination lawyer will analyze the contract to determine if you have grounds for a lawsuit.
When Circumstances Force You to Quit
Taking Action Following Constructive Termination
Is your work environment hostile due to your race, age, or sexual orientation? Is your employer hostile towards you because you acted in the interest of public policy? Has it reached a level that makes you feel unsafe or unable to perform your job? If you quit your job under conditions like these, it is known as constructive termination, and with the help of the right attorney, you can file suit against your employer to collect compensation for lost wages and more. If you felt you had no choice but to quit your job due to hostility in the workplace, Hoge Law Firm can help you achieve justice by placing you in contact with a San Diego wrongful termination lawyer. Reach out now to request a free consultation.
Hoge Law Firm can connect you with an employment law attorney who will help determine if you have a wrongful termination case.
Understanding Non-Compete Agreements How California Differs from Other States
A non-compete agreement is a clause in an employee contract that prevents the employee from starting a competing business or working for a "competitor" during or after their employment. The purpose is to help companies protect confidential information.
California Does Not Allow Non-Competes
Non-compete agreements protect employers but result in lower job mobility and lower wages for employees. Because of these factors, and the fact that California wants to promote innovation and growth, the state doesn't allow non-compete agreements.
With SB 699 taking effect in January 2024, this law even extends to agreements that were signed out of state. If you signed a non-compete agreement for a company in another state and then moved to California, your non-compete is void and unenforceable.
How Hoge Law Firm Can Help
It is unlawful for a company based in California to enforce a non-compete agreement or honor a competitor's agreement. If you've been fired because you refused to sign a non-compete agreement, a wrongful termination has occurred and legal action is an option. Contact our law firm and we will connect you with a wrongful termination lawyer or employment law attorney in San Diego.
Despite the at-will status of employment in California, wrongful termination still occurs. If you've lost your job due to discrimination, whistleblowing, or failure to agree to a non-compete clause, putting a San Diego attorney on your side can help make things right.