Losing your job can be a difficult and frustrating experience, especially if you feel that your termination was unjust or illegal. In some cases, an employer may have violated state or federal laws when terminating an employee.
If this is the case with your situation, it’s important to seek legal advice from a qualified Orange County wrongful termination lawyer.
The Orange County employment attorneys at Eldessouky Law are here to help you understand if your termination was wrongful and how we can fight for the compensation you deserve. We have a long history of representing the rights of wrongfully terminated employees in Orange County, California.
You don’t have to face this difficult situation alone.
If you have questions about your rights as an employee in California or wish to discuss your case confidentially with one of our experienced California employment attorneys, contact our office at 714-409-8991 or fill out one of our contact forms online.
We Are Here to Fight for Your Rights
When you bring your case to us, our attorneys will review the facts of your case and determine if the termination violated any state or federal labor laws. Depending on the circumstances, we may be able to help you pursue legal action against your employer for wrongful termination.
Our lawyers have extensive experience with wrongful termination cases in California and are prepared to fight for your rights. We understand the financial and emotional stress this situation can cause, and we are here to help you get justice.
We will review all of the evidence in your case and provide honest advice about how best to proceed with legal action. If warranted, our attorneys have the resources needed to represent you in court against a powerful employer.
Regardless of the outcome, we will be there to provide you with the guidance and support needed throughout the process. Our Orange County wrongful termination attorneys are dedicated to helping wrongfully terminated employees protect their rights.
Frequently Asked Questions About Wrongful Termination
1. What is Wrongful Termination?
Wrongful termination is the illegal termination of an employee due to an employer’s violation of the employee’s legal rights. This includes terminating an employee for discriminatory reasons or in retaliation for reporting illegal activities. It can also include terminating an employee in breach of an employment contract.
2. What are Some Examples of Wrongful Termination?
Examples of wrongful termination include terminating an employee due to their race, gender, religion, age, disability, or national origin; terminating an employee in retaliation for filing a complaint or reporting illegal activities; terminating an employee in violation of an employment contract; and terminating an employee in violation of public policy.
1. Is Wrongful Termination Illegal in California?
Yes, wrongful termination is illegal in California. Under both state and federal labor laws, employers are prohibited from terminating an employee with discriminatory intent or in violation of public policy.
A termination is considered “illegal” when the firing was actually motivated by discrimination, employer retaliation from an employee complaint, a breach of contract, or a violation of public policy.
2. How Do I Prove Wrongful Termination in California?
To prove wrongful termination in California, an employee must show that the reasoning behind the choice of termination was false and that the termination was actually motivated by ulterior motives such as:
- employer retaliation from lawful action taken by the employee,
- a breach of contract,
- or a violation of public policy.
To win a wrongful termination case in California, both state and federal law require more than just an allegation from the employee. It necessitates a complete investigation with supporting evidence.
3. What Can an Employee in Orange County Do if They’ve Been Unlawfully Terminated?
After an employee is wrongfully terminated, they may not know what their next steps should be. Depending on the situation, it might be best to file a claim with a governmental agency or to go ahead and file a lawsuit.
In any case, speaking with an employment attorney who has experience dealing with wrongful termination cases will ensure that you are taking the necessary steps for your specific situation.
An attorney will be able to review the facts of your case and determine if it is a valid claim or not. An attorney can also help gather evidence and represent you in court if needed.
4. What Legal Options Are Available for Wrongful Termination?
Legal options available for wrongful termination depend on the situation.
You can either file a claim with a government agency or pursue legal action through a private lawsuit against your employer. In either case, you may be able to seek compensation for lost wages as well as emotional distress.
IMPORTANT: Filing a claim with a government agency can lead to your case being lost in the shuffle. Having a strong advocate on your side can give you peace of mind knowing that your case will be taken seriously and given the legal attention it deserves. We invite you to reach out to our law firm for a free consultation to discuss your situation.
5. Can I sue my employer for wrongful termination?
Yes, you can sue your employer for wrongful termination in California. When a case is brought to court, the employee must prove that they were wrongfully terminated in order to be eligible for compensation.
If this is a route you are interested in pursuing, it is recommended that you speak with an experienced employment attorney based in California who can provide guidance and advice on how to proceed.
At Eldessouky Law, we are dedicated to helping wrongfully terminated employees protect their rights. We understand the financial and emotional hardships that come along with wrongful termination, and our Orange County wrongful termination lawyers are prepared to fight for you in court.
6. How Long Do You have to Sue for Wrongful Termination in California?
Each state has a time limit, statute of limitations, for filing a lawsuit for wrongful termination. In California, the statute of limitations is 2 or 3 years from the date of the employee’s termination.
This number changes depending on the specific details of each case:
- Breach of Contract – 2 years
- Violation of Public Policy – 2 years
- California Fair Employment and Housing Act (FEHA) – 3 years
- California Worker Adjustment and Retraining Notification Act (WARN Act) – 3 years
- Whistleblowing protections – 3 years
The quicker you act after realizing you might have a case, the better. If you wait too long before filing a lawsuit, it’ll be more difficult to prove your case. Also, if the statute of limitations has passed, then unfortunately you can’t file a lawsuit.
7. Is there a difference between wrongful termination and a layoff?
Yes, there is a difference between wrongful termination and a layoff. Layoffs are typically done for economic reasons such as the business facing financial hardship or restructuring.
Wrongful termination usually occurs when an employee is unlawfully fired due to discrimination, retaliation, breach of contract, or violation of public policy. In these cases, the employer’s intent is to get rid of the employee, not because of economic reasons.
Employees in California who are dealing with a layoff are covered under the Worker Adjustment and Retraining Notification (WARN) Act. This act requires employers to provide their employees with a 60-day notice of layoffs that affect at least 50 workers or more in the same location.
Have You Been Wrongfully Terminated in Orange County, CA?
If you believe that you have been wrongfully terminated, it is important to seek legal representation from an experienced wrongful termination lawyer as soon as possible.
At Eldessouky Law, our experienced attorneys can review your case and help you understand your legal rights and options for seeking compensation for your losses.
We have a history of successfully representing many employees in wrongful termination cases. We are ready to fight for you.
We handle cases on a contingency basis, which means you don’t have to pay any upfront fees. We only get paid if we recover compensation for you.
Call our office today at (714) 409-8991 or fill out our online form to schedule a free consultation with one of our attorneys.