If you are in Pasadena, California and your job has been terminated for what you believe are illegal reasons, a wrongful termination attorney may be able to help.
How Can You Prove Wrongful Termination in a California Workplace? A Wrongful Termination Attorney in Pasadena, California Explains
Clarify Your Reasons for Suspecting Wrongful Termination
Breach of Contract
Employers are required by law in California to provide clear termination policies. Check your employee handbook or the company’s internal guidelines to see whether the dismissal was according to company policy or not. If you have a written or implied contract with conditions for termination, check to see whether those conditions were met.
Consider whether your employer has a discipline policy or a process for handling terminations. Was it followed in your case? Also consider whether there is a pattern of wrongful termination at your company. If other employees have been in similar circumstances, there may indicate a larger problem, and could support your claim of wrongful termination.
Discrimination
In California, employment is at-will, which means either the employee or the employer can end employment at any time or for any reason, except for legally protected characteristics. If an employee is dismissed on the basis of race, gender, age, disability, religion, sexual orientation, or any other protected characteristics, this is discrimination. Termination based on discrimination is illegal, according to federal and state law.
The key will be to show that you were part of a protected class (such as having a disability or belonging to a certain ethnic group) or that you received different treatment than others who were in similar circumstances. If possible, it will help to show a direct link between your dismissal and the characteristic that is being held up for discrimination.
Retaliation
The law protects employees from being fired for filing a worker’s compensation claim, whistleblowing (reporting something illegal, like unsafe working conditions at your workplace), or helping an investigation into illegal conduct, such as workplace discrimination. These and others are protected activities, which means that an employer can’t fire an employee to get back at them for those actions.
Proving retaliation often depends on showing a clear timeline. If you engaged in a protected activity, and you were let go immediately or soon afterwards, then this may support your claim that you were fired out of retaliation.
Violation of Public Policy
Public policy is anything that is considered to be a legal right or responsibility to the public. An employee has the right to refuse to engage in any illegal activities; they have the public responsibility to serve on a jury when called upon; they have the right to take sick leave when they are ill. An employer may not terminate an employee for exercising their legal rights or public responsibilities.
Gather Evidence!
Employment Records
Look for documentation of your work history, such as performance reviews or disciplinary records, to show the quality of your work. You want any documentation that shows a satisfactory work performance or shows that the issues given for your termination were not sufficient. A good work record helps to refute any claims that your performance led to your dismissal.
Emails, Texts, and Any Other Correspondence
Compile all communication between you and your employer that provides evidence supporting your claim. Look for anything that might help shed light on your employer’s real reasons for dismissal. Look for emails or texts that can show the nature of your work relationships and/or your work performance.
Witness Statements
Think of who witnessed what happened and would be willing to share their observations of the event or patterns that led up to your dismissal. Testimony from coworkers, supervisors, or anyone else who was aware of the situation can be very valuable as evidence in court.
Timeline Documentation
Make a detailed list of the events in the order that they happened, leading up to your termination. Include not only the specific incidents of discrimination, retaliation, etc., but also what happened before and after those incidents. Write down who was involved and who was aware of what happened, as well as the date, time, and place the events occurred.
File a Claim with a Government Agency
Identify Where to File Your Claim
In general, before you file a lawsuit for wrongful termination, you must file a claim with the government agency that handles the type of claim you’re making. The California Department of Fair Employment and Housing (DFEH) handles all claims of discrimination and harassment. On the federal level, the Equal Opportunity Employment Commission (EEOC) handles discrimination claims.
Submit a Written Complaint
In the claim, you must provide a detailed written account of how you were terminated. Include your reasons for believing it was wrongful. Provide any supporting evidence and communication related to your dismissal.
Agency Investigation
The agency will look into the complaint. This may mean an investigation, with interviews of your employer, witnesses, and you. You may be asked to provide additional documentation or records in support of your claim.
If the agency investigates and determines there is not enough evidence of wrongful termination, you will be notified, and the investigation will be closed. You may still be able to file a lawsuit independently, but the agency will not be involved. However, if the agency does find evidence of wrongful termination, it will attempt to help with resolution outside the legal system.
Mediation
These government agencies actively work to resolve claims before they ever reach the courtroom. During the mediation process (also known as conciliation), the agency acts as a mediator between the employer and the employee. The goal is to reach a settlement agreement about compensation or other matters without pursuing legal action.
Right to Sue Notice
If the agency’s investigation determines that there is evidence of wrongful termination, and mediation efforts have failed, they will issue a “right to sue” notice. Once you have this notice, you may file a lawsuit for wrongful termination.
Proceed with a Lawsuit
Pre-Trial
After the lawsuit has been filed, one of several things may happen. Your employer or your lawyer may reach out to the other side and offer to negotiate a settlement to avoid going to court. Negotiation can actually happen at any point during the legal process if either party wishes to attempt to resolve matters the court issues its decision.
In some cases, one party may file a request for summary judgment before the trial even begins; this is a legal request for the court to weigh the evidence and decide in your favor without a trial. A request for summary judgment may or may not be a good idea. The court may decide in your favor and award you compensation, but they could also decide in favor of the defendant, which would mean you would not receive any compensation.
Trial
If there is no negotiated settlement and no summary judgment, then the case goes to trial. After both sides present their evidence and arguments, the judge or jury will issue a final decision. If you win, you may be awarded damages, such as compensation for back pay or for future lost wages or compensation for emotional distress. If you do not win, you may file an appeal if you believe there were any errors in how the trial was conducted.
Contact Our California Employment Lawyer Today
Contact the experience team of attorneys of Haig B. Kazandjian Lawyers APC today. We proudly serve clients across California. Visit us at our Glendale office at:
Haig B. Kazandjian Lawyers APC
801 N. Brand Blvd., Suite 1015,
Glendale, CA 91203
Phone: (818) 696 2306
