Wrongful Termination Lawyer for Fired Employees

If your employer fired you for the wrong reason, a wrongful termination lawyer can tell you whether you have a claim and what it could be worth. Losing a job is stressful enough. Kingsley Szamet Employment Lawyers represents employees who were fired illegally, and your first consultation is free. This page is part of our guide to employment lawyer practice areas.

What makes a firing wrongful

Most U.S. jobs are at will. That means an employer can usually end your job at any time, with or without a reason. But at will doesn't mean anything goes. Your employer can't fire you for an illegal reason. A firing may be wrongful if it was based on:

• Discrimination because of race, sex, age, disability, pregnancy, religion, or another protected trait.

• Retaliation for complaining about harassment, pay, safety, or other problems.

• Taking medical, family, or pregnancy leave that the law protects.

• Reporting illegal conduct, or refusing to break the law.

• Breaking a written or implied promise, such as a contract or a stated policy.

Federal laws set the baseline. Title VII bans firings based on race, color, religion, sex, and national origin. The Americans with Disabilities Act covers disability, and the Age Discrimination in Employment Act covers workers who are 40 or older. The Pregnancy Discrimination Act covers pregnancy, and the Family and Medical Leave Act protects eligible workers who take leave.

Each law covers employers of a certain size, so ask a lawyer which ones apply to you. Read more about discrimination claims and retaliation claims.

Common types of wrongful termination

Employers rarely admit the real reason for a firing. They often say "restructuring" or "poor performance." Here are the main ways these cases show up:

Two ideas come up again and again. A pretextual firing is one where the stated reason is a cover story, such as sudden bad reviews after you complained. Constructive termination is when an employer makes conditions so bad that a reasonable person would feel forced to quit. In that case, the law can treat your resignation as a firing. Our guide to breach of employment contract explains how written, spoken, and implied promises can limit at-will firing.

How a wrongful termination lawyer can help you

• We review your termination letter, reviews, emails, and pay records.

• We tell you which laws apply and how strong your claim is.

• We read any severance agreement before you sign, since it may ask you to give up your right to sue.

• We file with the EEOC, the Civil Rights Department, or the Labor Commissioner when needed.

• We negotiate with the employer's lawyers and, if needed, take the case to court.

You don't have to prove everything on your own. Your lawyer connects the timing, the documents, and the way the employer treated others into one story.

What you can recover

Depending on your case, you may recover lost pay and benefits from the day you were fired, pay you would have earned in the future, money for emotional distress, and punitive damages when the employer's conduct was especially bad. Some cases also allow reinstatement, which means getting your job back. Federal law caps some of these damages based on the size of the employer.

For real-world numbers, see our guide to wrongful termination settlement amounts.

What to do after you're fired

• Ask for your final paycheck. Many states, including California, require it right away.

• Save your termination letter, texts, emails, and performance reviews before you lose access.

• Write down what was said at the meeting, who was there, and the date.

• Request a copy of your personnel file.

• Don't sign a severance agreement until a lawyer reads it.

• Apply for unemployment benefits. Being fired doesn't automatically block them.

• Don't post about your firing online or delete anything.

Stay calm in any final meeting. Angry words can show up later in the employer's version of events.

How to prove you were fired illegally

You usually prove it with timing and documents. Good evidence includes emails and texts, a sudden change in your reviews after you complained, comments from managers, and proof that others were treated better. Witness names help too.

You carry the burden of showing the real reason was unlawful. The employer will point to a legal reason, such as poor performance. Your job is to show that reason doesn't hold up. That's why a clear timeline matters so much.

How a wrongful termination case works

Most cases follow the same path. First, we review your facts and gather documents. Next, for discrimination and harassment claims, we file a charge with the EEOC or a state agency. The agency may investigate or offer mediation, and it can then give you a right-to-sue notice.

With that notice, you generally have 90 days to file a lawsuit. In many cases, we send a demand to the employer and try to settle first. If that fails, we file in court.

Many employers ask new hires to sign an arbitration agreement. That can move your case out of court and into a private process. It doesn't take away your claim. A lawyer can tell you whether your agreement can be enforced.

Cases take time. A settlement can come in a few months or after a year or more, depending on the employer and the evidence. We keep you updated at each step.

Layoffs and mass terminations

A layoff can still be illegal if it was a cover for discrimination or retaliation. Look at who the employer picked and why. Large employers must also follow the federal WARN Act, which generally requires 60 days' notice before a plant closing or mass layoff.

When to call a wrongful termination lawyer

Call as soon as you can. A charge with the EEOC generally has a 180-day deadline, which extends to 300 days in states like California that have their own agency. Other claims have longer or shorter deadlines. The sooner you call, the easier it is to save evidence.

If you're not sure you have a claim, our section above on what to do after you are fired is a good checklist. You can also read about leave and firing if you lost your job after time off.

California adds more protection

California law gives fired workers more than federal law does. It covers smaller employers, allows more types of damages, and gives you more time to file. Read our guide to California wrongful termination law for the state deadlines, agencies, and remedies.

We help workers across the state, including Orange County wrongful termination help and Riverside employment cases.

Fired from Kaiser Permanente?

Kaiser Permanente employees can have wrongful termination claims like anyone else. A nurse or technician who reported a patient safety problem and was fired soon after may have a whistleblower retaliation claim. Others were fired after taking medical leave or complaining about unpaid overtime.

Many Kaiser workers belong to a union. A union grievance doesn't always block a separate lawsuit over a legal claim, so ask a lawyer before you give up either path. This applies to Kaiser workers in Long Beach and across Southern California.

Guides that answer common questions

These guides go deeper on questions we hear often.

• Read what to do if you were fired after giving notice if your employer cut you loose after you resigned.

• See real examples of wrongful termination to compare your situation with common cases.

• Check your rights after job termination for final pay, benefits, and records.

• Learn whether an employer can fire you for no reason and where the limits are.

• Find out if a boss can threaten to fire you and when threats become retaliation.

• Review employee rights during termination for what happens in the meeting itself.

• Read how reinstatement works if you want your job back.

Why employees choose Kingsley Szamet

Eric Kingsley and Kelsey Szamet lead the firm, and we represent employees only. Read about Kelsey Szamet on her profile page. We handle wrongful termination cases on contingency. You pay no fee unless we recover money for you. Results depend on the facts of each case.

Frequently asked questions

Can my employer fire me for no reason?

In most cases, yes, because most jobs are at will. But your employer can't fire you for an illegal reason, such as discrimination or retaliation. If the "no reason" is really a cover for one of those, you may have a claim.

How do I prove I was fired illegally?

You usually prove it with timing and documents. Good evidence includes emails, a sudden change in reviews after you complained, comments from managers, and how the employer treated others. A lawyer helps you connect those pieces.

Can I be fired while I'm on medical leave?

Not for taking protected leave. The Family and Medical Leave Act protects many workers. An employer can still make business decisions, but it can't use your leave as a reason.

What if I was laid off instead of fired?

A layoff can still be illegal if it was a cover for discrimination or retaliation, or if the employer broke notice rules. Ask a lawyer to review how the employer picked who to let go.

How long do I have to sue for wrongful termination?

It depends on the claim. A federal EEOC charge generally must be filed within 180 days, or 300 days in California. Other claims have their own deadlines, so talk to a lawyer quickly.

Where can I find a wrongful termination lawyer in Los Angeles?

Our office is in Encino, and we represent fired employees across Los Angeles and the rest of California. Your first consultation is free. We take cases on contingency, so you pay no fee unless we recover money.

Contact Kingsley Szamet Employment Lawyers

Call (818) 990-8300to tell us what happened.  You can also schedule your free consultation online. We're at 16133 Ventura Blvd #1200, Encino, CA 91436, and we represent employees across California. This page gives general information. It isn't legal advice for your situation.