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- Written by: Mo Eldessouky — California employment trial lawyer and founder of Eldessouky Law; recognized in the Top 10 Labor & Employment Verdicts in California (2024) for his role in securing a $34.7M defamation and wrongful termination verdict against Walmart; with over a decade of proven results in cases involving harassment, discrimination, wage & hour, and other workplace violations
- Focus: Practical guidance based on California law and real case outcomes
- Recognized by: Eldessouky Law has been featured in major news publications such as USA Today and CBS News for our commitment to protecting California employees and securing significant legal victories
- Last updated: August 2024
To prove wrongful termination in California, you need clear and convincing evidence. This includes employment contracts, emails, and witness statements that document discrimination, retaliation, or breach of contract.
What Are the Key Proofs for Wrongful Termination?
Employment Documents
- Employment Contract: Demonstrates agreed terms and any breach.
- Job Description: Shows your responsibilities and compliance.
- Written Warnings: Highlights any pre-termination issues.
Witness Testimony
- Coworker Statements: Corroborate instances of discrimination or unfair treatment.
- Detailed Accounts: Include dates, locations, and nature of incidents.
Electronic Correspondence
- Emails and Messages: Indicate discriminatory remarks or retaliatory actions.
- Chronological Organization: Easier reference and highlight key points.
Performance Reviews
- Consistent Reviews: Show a track record of performance.
- Commendations and Awards: Counter claims of poor performance.
Company Policies
- Company Handbook: Outlines discrimination, harassment, and termination procedures.
- Policy Violation: Highlights any breach in termination process.
What Are the Legal Grounds for Wrongful Termination?
Discrimination
Termination based on race, gender, religion, age, disability, or other protected characteristics is illegal. Document instances of discriminatory remarks or unequal treatment.
Retaliation
Firing for reporting misconduct or participating in an investigation against the employer is prohibited. Demonstrate a direct link between the protected activity and the adverse action.
Breach of Contract
If an employment contract, whether written, verbal, or implied, is violated, the termination can be contested. Review your contract for any clauses not honored by the employer.
Violation of Labor Laws
Terminations that violate federal or state labor laws, such as firing for taking rightful leave under FMLA or reporting unsafe conditions under OSHA, are illegal.
How Do You File a Wrongful Termination Claim in California?
- Gather Evidence: Collect all relevant documents, emails, texts, performance reviews, and witness statements.
- Consult an Attorney: Seek legal advice to understand your rights and strengthen your case.
- File a Complaint: Submit a complaint to the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC) within the required timeframe.
Conclusion
Building a strong case for wrongful termination requires meticulous documentation and clear evidence. If you believe you have been wrongfully terminated, understanding your rights and taking appropriate legal action is crucial.For expert legal advice and representation, contact Eldessouky Law to ensure your rights are protected and to pursue the compensation you deserve.
