In a recent report published by the state of California, California Labor Market Information, unemployment rates in Irvine rose around 0.5% in the summer of 2023. Although this may seem like a small increase, unemployment rates usually are known to increase during the holiday season. 

If you have been wrongfully terminated or let go from work for unfair reasons, you have the right to hold your employer responsible. Unfortunately, wrongful termination is common in Irvine. But, the good news is that employees have rights that protect them and allow them the right to file a lawsuit or a claim against their employer for compensation.

What qualifies for wrongful termination in Irvine, California?

Wrongful termination occurs when an employer fires an employee for reasons that are considered unlawful. For example, most of the more common unlawful reasons are discriminatory. If an employer treats an employee differently because they belong to a protected class, the employee has the right to file a lawsuit in Irvine. For example, if the employee was fired or let go because of their race, national origin, color, disability, age, pregnancy, gender, or sexual orientation, they have a valid right to file a lawsuit for wrongful termination. But, it could be very complex when trying to prove wrongful termination and try to prove that the employer let go of the employee for discriminatory reasons.

How much do our wrongful termination Irvine attorneys cost?

The good news is that our Irvine Heidari Law attorneys work through contingency agreements. Our attorneys do not collect compensation from our clients unless we receive compensation for our clients. Wrongful termination could be such a financially frustrating situation to be in. As the employee is left scattered trying to look for another position after being wrongfully terminated, they may not have the financial funds available to hire an attorney hourly. Rest assured that our top-rated Irvine lawyers do not collect any fees up front.

What is the average payout for wrongful termination in Irvine, California?

In order to determine how much an average payout is for a wrongful termination claim or lawsuit, there are several factors that should be considered, including:

  • The cost of finding another job
  • The difference in pay as the employee took on another job
  • The wages the employee was not paid
  • Medical expenses from any injuries the employees suffered
  • Emotional distress from any pain and suffering the employee suffered
  • Attorneys’ fees and legal costs with filing a wrongful termination lawsuit

Examples Of Wrongful Termination In Irvine, California

  • Retaliation is also a very common incident of wrongful termination. When an employer retaliates against an employee because an employee spoke up or belongs to a protected class, the employer could be held responsible for firing the employee with no valid reason.
  • Breach of contracts also falls under wrongful termination. For example, there are some employment contracts that specify that the employer must give a valid reason when firing an employee. If an employer fails to do so, the employer could be responsible for breach of contract.

How do I prove wrongful termination in Irvine, California? 

  • In wrongful termination lawsuits, the burden of proof is on the employee who is filing a lawsuit. The employee must show that the firing was unlawful, and so the employee suffered damages from the firing.
  • If the employer had a valid reason for letting go of the employee, then the employee most likely would not have a valid wrongful termination claim.
  • There are several different factors that could assist you when building a strong wrongful termination claim. For example:
    • Showing that the employer had a history of discriminatory events at work. For example, if the employer treats one group of employees far better than the other group, this could be used as evidence to prove wrongful termination.
    • If there were any complaints made by other employees against the employer, it could be used to show wrongful termination and the fact that other employees are also experiencing the same type of treatment.
    • If the wrongful termination incident was in front of several employees, then the employee filing the lawsuit could get the witnesses to give a statement about what they saw and experienced.

What type of records will I need for my wrongful termination lawsuit in Irvine, California?

  • The employee’s employment contract: This is usually always needed to prove that the employee was let go beyond reasons that are stated in the company policy.
  • The employee handbook: oftentimes, companies have an employee handbook that specifies the requirements employees must meet.
  • The employee personnel file: the employee’s history of any disciplinary actions taken could assist the attorney when determining if the employer was wrongfully terminated
  • Messaging: messages such as instant messages, emails, and texts sent between employees or between the employee and the employer could help with proving wrongful termination.
  • Pay stubs: the employee’s pay stubs may show the difference in pay if the employee was not completely fired. For example, if the employer reduces the number of hours that the employee works, pay stubs will accurately reflect that.
  • Information of the incident: this includes any records of the incident, such as the date the firing occurred, along with information of any other employees who witnessed or saw the firing. 
  • Documents of the termination: any documents sent by the employer to the employee, such as a termination notice.

Can an employer fire me?

Under California law, employees are considered at-will employees. This means that an employee could quit for any reason, and an employer could fire an employee for any reason. But, this does not mean that the reason could be for discriminatory reasons. An employer could let go of an employee for non-discriminatory reasons only. Examples include an employee’s poor performance, the employee’s failure to arrive to work on time, the employee is unqualified to continue with their job, the employee has engaged in criminal activity, or the employee has violated a policy of the company.

When should I contact a labor and employment attorney?

There are certain circumstances where we recommend that you contact an attorney. This includes:

  • If you have been let go from your job
  • If your hours have been reduced
  • If you have filed a claim against your employer for unsafe work environment
  • You reported your employer to human resources
  • You believe that the employer’s reasoning for terminating you is not true
  • Other employees with the same position were not fired
  • You belong to a protected class
  • Your employer harassed you or made discriminatory statements 

Wrongful Termination Attorneys in Irvine

Get the legal help you need today by contacting our top-rated Irvine employment and labor attorneys. Our attorneys will be better able to assist you when piecing together your wrongful termination claim. When it comes to employment and labor lawsuits and claims, the more documents and records the better. This is especially true because the employer may try to raise defenses that they lawfully terminated the employee.

Do not wait to get the help you deserve, and contact our experienced employment lawyers to help protect your rights and get you the help you deserve.