How much your California wrongful termination case is worth depends on the facts of your case and the extent of your economic and non-economic damages. Your economic damages refer to things like lost wages and back pay, while non-economic damages refer to things like emotional distress and loss of dignity.
When you go to work, you are doing so to provide a living for yourself and your family. Like every other California employee, you have every right to a workplace that is safe and productive, free of discrimination and retaliation. This means that if you or someone else is being discriminated against, mistreated, excluded, or put in danger of physical harm, California law is on your side.
However, it is deeply unfortunate that wrongful termination is not an uncommon problem in California. Fortunately, because of California’s employment laws, you have options. One of those options is filing a lawsuit to recover compensation. The most common question in these cases is how much will your case be worth? The answer is that it depends on a few factors, which we can break down for you.
California Wrongful Termination Lawyers Offering Free Consultations
When you work with our team of experienced, knowledgeable California employment lawyers, we’ll help you understand the strengths and weaknesses of your wrongful termination case, and give you a better idea of what it could potentially be worth. You have nothing to lose in speaking with our team. Contact us now to learn more.
What Does California Law Say About Wrongful Termination?
The term “wrongful termination” sometimes causes confusion for California employees. Because of California’s at-will employment laws, you can be terminated at any time by your employer, for any reason they wish. They also don’t have to provide you with a reason when they terminate you.
However, “wrongful” termination occurs when you are fired for reasons that run counter to California’s laws against workplace discrimination and retaliation. That’s why wrongful termination is also known as “unlawful termination.”
Specifically, California law provides a definition of wrongful termination, which occurs when your employer terminates you for:
- Reporting, complaining about, or participating in any investigation about workplace harassment or employment discrimination.
- Requesting reasonable accommodations for a disability or injury.
- Reporting violations of public policy or unsafe work environments.
Wrongful termination also occurs in California if it has been based on discrimination in connection with an employee’s:
- Age
- Disability
- Gender
- Sex
- Sexual orientation
- Race
- National origin
- Color
- Pregnancy
- Military status
- Religion or other protected status
- Victims of domestic violence
The law further protects you against retaliation even if you decide to quit your job. Usually, this happens when you make reports of a hostile work environment and your employer continues to look the other way regarding how you’re being treated. Oftentimes, the treatment becomes more severe, to the point that you have no choice but to quit. This is known as “constructive discharge”, and wrongful termination laws still apply in this situation.
Retaliation in California
As if harassment and discrimination in the workplace weren’t bad enough, your employer will very often retaliate against you for making these complaints. While most retaliation will seem very gradual, there are times where it can be so blatant that the work environment becomes hostile and abusive. Typically, retaliation in the workplace involves the following actions:
- Demotion or suspension
- Pay cuts or loss of hours
- Exclusion from training or meetings
- Reassignment to a less desirable location or shift
- Termination
How Much Is My Wrongful Termination Case Worth In California?
How much your California wrongful termination case is worth depends on the facts of your case and the extent of your economic and non-economic damages. Your economic damages refer to things like lost wages and back pay, while non-economic damages refer to things like emotional distress and loss of dignity.
The key to your wrongful termination case is showing a causal link between:
- You being a part of one or more of the legally protected classes of individuals or engaging in a protected activity.
- Your employer is retaliating against you because of it.
Every case is different, but generally speaking, the more egregious the discrimination or treatment, the higher damages you could potentially receive.
Like any case, determining worth starts with providing evidence. In wrongful termination cases, you should make sure to keep any documentation relating to your complaints and reports of discrimination. This includes:
- Emails
- Text or other instant messages
- Recordings
- Written reports
This evidence is extremely important to establish that you made complaints and that your employer either took no action to fix the problem, or took action against you in retaliation for making the complaints. Our lawyers can help you gather this evidence, and can even request any documentation from your employer that you may not have access to.
Not only should you keep track of any evidence of discrimination, you’ll also need to preserve any documentation of retaliation. This usually includes:
- Changes in your work schedule
- Changes in your job duties or assignments
- Pay decreases
Officially, California employees can pursue compensation in the form of damages from your employer. In many cases, you may be entitled to:
- Lost wages
- Loss of benefits
- Back pay
- Damages relating to pain and suffering
- Damages relating to emotional distress
- Damages relating to loss of dignity
Again, the overall worth of your wrongful termination case is highly dependent on the facts of your case, as well as your losses. Further, every lawsuit is a gamble, no matter how strong your case may seem. That’s why it’s important to work with our experienced employment lawyers. We know how to position your case to recover full and fair compensation.
Work With Skilled California Wrongful Termination Lawyers
When you’re put in the position of filing a wrongful termination lawsuit against your employer, it can be an intimidating proposition. After all, you will likely be facing a large business with deep resources. Even with that adversity, you’re still protected under California law. Moreover, when you work with our team of skilled California wrongful termination lawyers at Maison Law, we can be there to support you and help you understand the worth of your case. No employee should have to suffer wrongful termination, but when it does, we’ll be there to make sure you get the compensation you’re owed. To get started with a free consultation, contact us today.
