Wrongful Termination
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Wrongful Termination

Our experienced wrongful termination attorneys understand that being let go from a job could be very difficult, financially and emotionally. If you believe that you have been wrongfully terminated (or wrongfully discharged) from your job, an experienced employment attorney may be able to help you get the compensation you deserve. 

Getting fired is a tough pill to swallow for most people, but losing your job unlawfully without any valid reason is even worse. Fortunately, there are steps you can take to ensure that you are properly compensated if you lost your job unlawfully, and the team of lawyers at Heidari Law Group can help you get started today.

In California and Nevada, employees have a right to know exactly why they are being terminated from their employment. In the event the employer does not disclose why the employee is being let go or does not have a valid reason to fire the employee, there are serious repercussions.

What Is the Statute of Limitations for Wrongful Termination in California?

Each state has a different statute of limitations for each type of case. California law provides a different statute of limitation for each type of employment lawsuit. For wrongful termination, employees have three years from the date that they are wrongfully terminated to file the lawsuit. If they file the lawsuit after 3 years, then they will have their case dismissed by the court and will no longer be able to file a lawsuit.

What is Wrongful Termination in California?

Wrongful termination occurs in several different ways. It is important to note that each state has different statutes and laws regarding wrongful termination. For example, in states such as California, employees are considered “at will,” which means that companies can fire employees at any time, for any reason at all.

Although employees may be considered at will, the dismissal must not be unlawful. If an employee has been dismissed unlawfully, employees may have a valid claim against the employer.

An unlawful termination is described as “any dismissal that is done for discriminatory reasons, in retaliation against an employee’s actions or is done in violation of the employment contract or public policy” under California labor law. In other words, this is a situation where an employee has been fired from a job in a way that violates their legal rights granted by a statute or rule within California employment law, not because an employee believes their boss is being mean to them or singling them out specifically.

What’s The Most You Can Get for Wrongful Termination?

This is a very common question that many ask our employment attorneys. But, there is no straightforward money amount that could answer this question. Each person experiences a different type of workplace experience and termination. For example, some employees may even feel emotionally distressed. These types of lawsuits may require more compensation. To determine specifically how much your wrongful termination lawsuit is worth, give us a call today.

What Damages Can I Receive After Being Wrongfully Terminated?

In both Nevada and California, there are certain types of compensation one could receive after being wrongfully terminated. These types of damages include:

• Pain and suffering: this is one of the most types of compensation you could receive from your wrongful termination lawsuit. We have several experts to establish the pain and suffering/emotional distress that the plaintiff has gone through. Our experts include mental health experts, psychologists, etc.
• Legal and attorney fees: if you win your wrongful termination lawsuit, you have a right to recover your attorney’s fees from your employer. 
• Punitive damages: this happens in certain cases when the employee is able to show that the employer acted with malice
• Past lost wages: this includes a variety of benefits and wages that were lost because of the wrongful termination, such as wages, overtime pay, insurance, pensions, stocks, and tips.
• Future lost wages: if the plaintiff was able to get another job, but that new job does not pay as much as the old one, the plaintiff could potentially be able to recover the difference in salary.
• Rehiring: in certain cases, if the employee does want their job back, the court may order the employer to reinstate the fired employee. This is a very rare case.

What is Retaliatory Wrongful Termination?

Both state and federal laws protect employees against retaliatory action for reporting the wrongdoing of their employer or when an employee is exercising their legal rights. This occurs in circumstances when the employee engaged in some type of action such as whistleblowing, and was retaliated against by being let go by their employer. 

What Are Examples of Retaliatory Wrongful Termination?

• Reporting or filing a complaint about sexual harassment or other unlawful conduct
• Filing a complaint about labor code violations including reporting misclassification of contractors, unpaid wages, or unsafe working conditions
• Filing a request to receive entitled benefits such as medical leave or overtime pay
• Refusing to follow an employer’s orders to take part in activities that would break the law
• Reporting of a company’s violation of laws to an outside source such as a law enforcement agency, body of government authority, or employee of the company who, such as an HR representative, who can work to correct the violation.

What is Discriminatory Wrongful Termination?

To have a claim of discrimination in a wrongful termination case, an employee must be able to show that discrimination was a determining factor in their dismissal. 

Under both California and Nevada, discrimination is classified as an illegal dismissal based on the employee’s inclusion in a protected class such as:

• Race
• Gender
• Sexual Orientation
• Age (for employees over 40)
• Ethnicity / National Origin
• Religion
• Disability
• Family Status
• Veteran Status

How Can I Prove Retaliatory Wrongful Termination?

Below are some examples our attorneys use in order to show that there has been a retaliatory wrongful termination on behalf of the employer.

• Evidence of discrimination against other co-workers
• Evidence that other employees who are not part of a protected class received preferential treatment
• Showing the timing of the termination and how it lined up shortly after an employee reported pregnancy or injury
• Showing a consistently higher rate of dismissal for older employees compared to younger employees
• Inconsistency between an employer’s praise of an employee and the reason why they were fired. For example, if an employee was previously praised for their excellent work ethic but was fired for having a bad work ethic, this would imply that there may be another reason for being fired.
• Evidence that shows that an employer violated their own company policies in the termination of the employee.

What Will Our Wrongful Termination Attorneys Do?

Our attorneys will work to protect your rights. Below are some examples that we will take to make sure that your wrongful termination lawsuit is taken care of. 

1. Consultation: Usually, all lawsuits start with a consultation with an attorney. Our experienced attorneys will review the circumstances of your workplace termination. We may need you to bring in different types of documents, such as your employment contracts and employment policies. Based on that we will be able to determine exactly what your employer violated.
2. File a lawsuit: Our top-rated employment and labor attorneys will file your lawsuit and represent you in court, along with filling out all the necessary paperwork and motions.
3.  Negotiate: We will negotiate with your employer and/or their insurance company to see if we can come to some sort of settlement agreement.
4.  Trial: Usually, employment lawsuits do not go to trial. Employers are more likely to settle in order to prevent going to trial, since trial could get very costly. In the event that we are not able to settle, our trial attorneys will be ready and prepared to assert your workplace rights. 

How Are Our Attorneys Paid?

Our attorneys work on a contingency fee basis, which essentially means that you will not have to pay us unless we win compensation for you. Please visit our page on contingency fees.