Wrongful Termination Attorneys in Sacramento

According to the State of California Employment Development Department’s Sacramento branch, employment numbers have increased over the last couple of months. From these jobs, leisure and hospitality were the top positions. Along with leisure and hospitality, construction positions were also a top reason for this employment increase. The reason for this is that construction for buildings has increased within the last couple of months in Sacramento County. But jobs in transportation and utilities witnessed a decrease.

Being wrongfully terminated from work can be a very frustrating experience, mainly because our family members depend on your income. But, if you have been wrongfully terminated, you have the right under California and Sacramento law to get compensated for what you have been through. 

What is wrongful termination?

Wrongful termination occurs when an employer dismisses an employee in violation of the law. This means the employee is protected under specific legal rights, and firing them for illegal reasons can lead to serious consequences for the employer. If you believe you were fired unlawfully, you might be entitled to file a wrongful termination lawsuit to seek justice.

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What Are Legitimate Reasons for Termination?

Not all terminations are unlawful. Employers can legally dismiss employees for valid reasons, including:

• Company Restructuring: When the organization reorganizes its operations.
• Employee’s Poor Performance: Failure to Meet Job Expectations.
• Criminal Activity: Engaging in illegal acts at the workplace.
• Downsizing: Reducing the workforce due to economic or business reasons.

If your termination falls under these categories, it may be difficult to challenge your dismissal in a wrongful termination lawsuit successfully.

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Why Understanding Wrongful Termination Matters

Knowing your rights helps protect you from unfair dismissal and empowers you to take action if your employer crosses legal boundaries. If you suspect your firing was unlawful, consulting with a qualified Sacramento wrongful termination lawyer can clarify your options and increase your chances of a successful claim. You may be able to file a lawsuit or claim against their employer. These actions are protected by law and constitute legitimate reasons for terminating an employee.

WHAT ARE NOT VALID REASONS FOR TERMINATION FROM WORK?

There are circumstances in which an employer’s reasoning for terminating an employee’s employment could be considered illegal or unjust. Under the circumstances below, an employee has the right to file a successful wrongful termination lawsuit against their employer for compensation.

• Discrimination: Under California law, employers are prohibited from discriminating against employees. There are specific protected classes, which include race, gender, disability, religion, age, and national origin. This means that if an employer dismisses an employee due to any of the above discriminatory reasons, the employee may file a discrimination lawsuit against the employer.
• Retaliation at work: If an employee is let go because of reporting certain circumstances at work, such as harassment or unsafe work environments, the employee may file a lawsuit against the employer. Unfortunately, many employees are hesitant to come forward and report hazardous or unjust work environments because they fear their employer may retaliate against them. However, if their employer were to retaliate against them for reporting and speaking the truth, an employee could file a lawsuit. For more information on retaliation and how you could file a lawsuit for retaliation, contact our Sacramento retaliation employment attorneys today.
• Breach of contract: If an employee has an agreement with the employer that specifies they cannot be fired without a valid reason, then the employee may hold the employer responsible. 
• Criminal activity: If an employee is fired for refusing to participate in a fraudulent or criminal activity, the employee may hold the employer responsible. The most common scenario is when a business engages in tax fraud, and an employee refuses to take part in it.
• Unsafe working conditions: Sometimes, an employer may not outright fire or verbally let an employee go, but may instead encourage them to do so. For example, suppose the work environment is substantially unsafe, and an employee quits due to this hazardous environment. In that case, they may still be able to file a lawsuit against the employer for wrongful termination.
• Whistleblowing: An employee who speaks up and reports any illegal or unjust practices at work and is then retaliated against may ultimately file a lawsuit for wrongful termination.
• Vacation: An employee cannot be fired after taking a lawful vacation.
• Employees in California have the right to take family medical leave if they meet the requirements. Applicable requirements: An employee cannot be fired for taking a lawful family and medical leave.
• Political ideologies: An employee cannot be let go because of activities or hobbies they engage in. However, if these activities or hobbies are criminal and pose a danger to the work environment, they may be terminated.

Above are some examples of circumstances where an employer cannot let an employee go. If they do so, they could be held responsible for wrongful termination. Contact us today if you have been laid off due to any of the above circumstances.

Types of Compensation in a Sacramento Wrongful Termination Lawsuit

If you’ve been wrongfully terminated in Sacramento, California, you may be entitled to various forms of compensation. These damages aim to make you whole by addressing both financial losses and emotional harm caused by the unlawful dismissal.

1. Back Pay

Back pay compensates you for the wages, salary, commissions, and bonuses you would have earned from the date of termination to the date of settlement or judgment. It may also include the value of lost benefits, such as health insurance, stock options, or retirement contributions. Courts aim to restore the employee to the financial position they would have been in had the termination not occurred.

2. Front Pay

If reinstatement is not possible due to strained relationships or a toxic workplace environment, courts may award front pay. This compensates you for the wages and benefits you would have earned in the future if the wrongful termination had not occurred. The length of time for which front pay is awarded varies based on your age, position, and the expected duration of finding comparable employment.

3. Emotional Distress Damages

Wrongful termination can have a profoundly emotional impact. California courts may award compensation for mental anguish, anxiety, humiliation, and loss of reputation caused by the unlawful firing. These non-economic damages are often subjective but can significantly increase the value of your claim, especially in cases involving discrimination or harassment.

4. Punitive Damages

Punitive damages are intended to punish the employer for egregious or malicious conduct and deter future violations. These are not available in every case but may be awarded if the employer acted with fraud, oppression, or malice, such as firing an employee to cover up illegal practices or retaliating against an employee or reporting workplace violations.

5. Attorney’s Fees and Legal Costs

In attorney’s fee cases, especially those based on discrimination or retaliation under the California Fair Employment and Housing Act (FEHA), successful employees can recover reasonable attorney’s fees and court costs. It is easier for wronged employees to pursue justice without worrying about upfront legal expenses.

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Average Settlement Amounts in California

Settlement amounts in wrongful termination cases can vary widely based on several factors, including the strength of the evidence, the severity of the employer’s conduct, and the type of employer’s termination. Here’s a general breakdown:

• Low: Here’s $5,000 – $30,000
• Moderate: Approximately $30,000 – $100,000
• High: Approximately $100,000 – $1,000,000+

Specific case types and their average settlement amounts include:

• Retaliation: Approximately $20,000 to $40,000
• Racial Discrimination: Approximately $25,000 – $100,000+
• Pregnancy Discrimination: Approximately $10,000 – $50,000
• Disability Discrimination: Approximately $25,000 – $500,000
• Religious Discrimination: Approximately $20,000 – $50,000
• Age Discrimination: Approximately $150,000 – $1,000,000
• Whistleblowing: Approximately $447,830
• Breach of Contract: Approximately $5,000 – $80,000
• FMLA Violations: Approximately $80,000
• Public Policy Violation: Approximately $10,000 – $100,000+

If you believe you were wrongfully terminated from your job, gathering the proper evidence is crucial to support your claim. Wrongful termination occurs when an employer fires an employee for reasons that are illegal, such as discrimination, retaliation, or breach of contract. To build a strong case, it’s essential to collect and present various forms of documentation and evidence.

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Key Types of Evidence to Support Your Wrongful Termination Claim

1. Employment Records and Performance Evaluations

Your employment records, including performance evaluations, are vital in demonstrating your job performance and any discrepancies between your actual performance and the reasons given for your termination. Consistent positive reviews can contradict claims of poor performance. If your employer provided a written termination letter, keep a copy, as it may contain valuable information about the reason for your firing.

2. Pay Stubs and Compensation Records

Collecting pay stubs and records of bonuses or raises can help establish that you were compensated fairly and that your termination was not due to financial reasons. These documents can also support claims related to wage disputes or retaliation for reporting unpaid wages.

3. Communication Records

Emails, text messages, and other written communications between you and your employer can provide evidence of discriminatory remarks, retaliation, or unfair treatment. Documenting conversations and keeping records of any complaints or grievances filed can strengthen your case.

4. Witness Statements

Eyewitness testimony from coworkers who observed discriminatory behavior, retaliation, or other illegal actions can be invaluable. Their statements can corroborate your claims and provide additional credibility to your case.

5. Company Policies and Employee Handbook

Review your employer’s policies and procedures in the employee handbook. If your employer violated its termination procedures, this could help demonstrate unfair treatment.

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Steps to Take If You Believe You Were Wrongfully Terminated

1. Request a Written Explanation

If you were not given a written explanation for your termination, ask for one in writing. Be sure to document any verbal explanations from your employer.

2. File a Complaint with Relevant Authorities

You can report wrongful termination to the Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CRD) if discrimination was involved. For retaliation claims, you may also file a complaint with the California Labor Commissioner.

3. Consult an Employment Law Attorney

A wrongful termination attorney can review your case, determine the strength of your evidence, and help you seek compensation. Legal representation can help you file a lawsuit, negotiate a settlement, or reinstate your position if applicable.

The documents that were sought depend on the circumstances of your wrongful termination case. For example, if you were fired, and your employer claimed that it was because you were poorly performing, our top-rated Sacramento attorneys will take a look at your performance reviews.

Could I file a wrongful termination case if I were fired without notice?

This is a ubiquitous question that we receive from our clients. Sometimes, employees are fired without notice when they come into the office. But it is considered legal. 

An employer could terminate you the same day that you arrive at work. However, if your employer fails to provide a lawful reason for termination, you could file a wrongful termination lawsuit. Furthermore, you should receive wages up to the point at which your employer terminated you.

What should I look for in a top-rated Sacramento employment attorney?

• Experience
• Communication
• Reputation