What Constitutes Wrongful Termination in California?
California is generally an “at-will” state for employees, meaning that employers are free to let employees go for almost any reason or no reason at all. Employers are subject to restrictions on termination and severance requirements in the employment contracts they provide, but they are otherwise free to terminate employees as they like. They are not, however, allowed to terminate an employee for certain, specific, illegal reasons. Wrongful termination is a civil remedy available for a Oakland, CA worker who was fired for an improper or illegal reason.
In Oakland, a fired worker can bring a wrongful termination lawsuit if they were fired for any of the following reasons:
- The employee was terminated because of their race, religion, sex, gender, political affiliation, gender identity, age, sexual orientation, veteran status, or any other protected characteristic
- The employee was terminated because they exercised or tried to exercise their legal rights as an employee, including:
- Taking family and medical leave
- Taking time off to serve on a jury
- Filing a workers’ compensation claim
- Complaining internally or externally about sexual harassment, discrimination, or other inappropriate workplace conduct
- Requesting reasonable accommodation for a disability
- Getting pregnant
- Complaining about illegal wage and hour practices
- Participating as a witness in a lawsuit against the employer alleging harassment, wage and hour violations, or other unlawful conduct
- The employee was terminated or retaliated against for being a “whistleblower,” meaning they reported illegal activity of their employer internally within the company or to a government or law enforcement agency
- The employee was terminated for exercising their free speech rights in connection with political activity
If you have been removed from your position or retaliated against for any improper reason, you might have a claim for retaliation or wrongful termination. Speak with a knowledgeable Oakland wrongful termination attorney about the circumstances of your firing in order to determine whether you were the victim of an illegal firing, and to learn about the remedies available to you.
Damages Available After a Wrongful Termination
“If you have been removed from your position or retaliated against for any improper reason, you might have a claim for retaliation or wrongful termination. The wrongful termination lawyers at Venardi Zurada help wrongfully-terminated workers in Oakland recover damages such as the following:
- Lost wages and benefits. Employees are entitled to the wages they lost from the date of termination to the date of the court verdict, as well as an estimate of the wages they would have earned until the date they would likely have ceased working for the company. Terminated workers are also entitled to the value of lost past and future fringe benefits.
- Emotional distress, pain and suffering, and loss of professional reputation. If the loss of your job caused you significant emotional distress, ruined your reputation in the community or affected your ability to get future work, or caused physical problems, you might be entitled to additional damages.
- Attorney fees. Attorney fees may be available, depending on the nature of the claim. For example, plaintiffs bringing claims under California’s Fair Employment and Housing Act can seek attorney fees.
- Punitive damages. If the employer was guilty of particularly egregious wrongdoing, such as if the conduct that led to the wrongful termination was long-standing, widespread, repeated, and deliberate, then a worker might be able to recover punitive damages. Punitive damages are added on top of the funds necessary to compensate the victim for the harm they suffered and are intended to punish the wrongdoer.
Oakland Retaliation and Wrongful Termination Lawyers Ready to Help You
If you and your family have been the victims of harassment, discrimination, or wrongful termination, you could be entitled to reinstatement and additional compensation. Reach out to the Oakland wrongful termination attorneys at Venardi Zurada today for a free case review. When you work with us, you won’t pay until you win your case. Call us at 833-893-6763 to speak with one of our dedicated and passionate employment law attorneys.
