Wrongful termination occurs when an employer illegally fires, dismisses, or forces an employee to quit their job for a reason that violates public policy or employment laws. In California, there are robust worker protection laws that safeguard employees from being wrongfully terminated for reasons that can include discrimination, whistleblowing, or exercising legal rights.
When you get wrongfully fired from your job, that experience could leave you devastated. This is not just because you face an uncertain future in terms of money and your career, but also because you believe that your rights have been violated. If you have been fired unjustly from your job, it is important that you contact an experienced Los Angeles wrongful termination lawyer who can help you understand your legal options and help you get the compensation you deserve.
At Kingsley Law, our team has recovered more than $300 million for workers. We're led by award-winning partner, Eric B. Kingsley, and Kelsey M. Szamet, who is a trusted advocate for California workers. We offer free consultations and case reviews. We offer a "no win no fee" guarantee, which means that you don't pay attorney fees unless we successful get compensation for you.
What Counts as Wrongful Termination Under California Law?
California is an “at-will” employment state. This essentially means that employers generally have the right to terminate your employment at any time. At the same time, as an employee in California, you may also leave your job at any time. However, the term "at-will" does not mean that an employer has the right to fire you for an illegal reason. When a firing or termination violates workplace protections granted by state or federal laws, such a termination may be considered wrongful.
Under California law, illegal termination may have occurred when an employer fires an employee because of:
- Discrimination: An employer cannot fire an employee based on protected characteristics set forth by the California Fair Employment and Housing Act (FEHA). These protected characteristics include age, race, gender, sexual orientation, disability, pregnancy and other categories.
- Retaliation: Employers are prohibited under the law from punishing employees for exercising their lawfully granted rights such as taking protected medical leave, filing a wage claim, reporting safety or other concerns in the workplace or requesting a disability accommodation.
- Whistleblowing Laws: There are whistleblower laws under California Labor Code Section 1102.5 that protects employees from termination or retaliation if they report suspected illegal activity, any violations of regulations or workplace safety issues.
- Protected workplace activities: Employers also cannot fire workers for engaging in activities that are legally protected such as participating in government investigations against their employers.
Wrongful termination may also sometimes involve "constructive termination," which is also known as constructive discharge. This happens when an employer does not directly fire an employee, but creates working conditions that are hostile, intolerable or so harmful that a reasonable person in the same situation would believe that they have no choice but to resign.
It's not just enough to know that you were treated unfairly. In order to build a strong wrongful termination case, you need evidence that shows what happened, when it happened and why the employer's action - or in some cases, inaction - violated the law. A top wrongful termination attorney in Los Angeles can help you identify the facts of the case, preserve records and develop a strategy based on the evidence.
Your attorney can help strengthen you case by collecting and preserving the following important pieces of evidence:
Performance reviews and employment records: These are documents that show your work history, job performance over time, feedback from supervisors, disciplinary actions, etc.
Timeline logs: Notes documenting important conversations with supervisors, complaints you made, request for accommodations, leave requests or other events can be extremely valuable in your case.
Text messages and internal emails: Any chat messages, emails and written communications that may reveal an employer's motives, retaliation, discrimination or inconsistent explanations for your terminations can help bolster your case.
Witness information: Names and contact details for coworkers, supervisors or others who saw the workplace issues play out can be very valuable.
Acts of workplace retaliation require prompt, professional documentation because it helps connect the lines between an employee exercising their legal rights and the employer retaliating against them. Quick action in such cases can help preserve evidence before records disappear or memories get fuzzy.
What Types of Compensation Can You Recover?
If you were wrongfully terminated, you may be able to get monetary compensation for the harm caused by your employer's unlawful and unjust actions. Your damages will typically depend on the specifics of your case, applicable laws and the losses you sustained.
Compensation in your case may include:
Back pay: Wages and benefits lost from the date you were fired until the present. This includes income you would have earned had you not been wrongfully terminated.
Front pay: Future projected income losses when returning to your job is not practical or if the termination has caused ongoing damage to your career.
Compensation for emotional distress: This refers to the personal impact of the wrongful termination. Employees often suffer from anxiety, mental anguish, humiliation, stress and loss of life's enjoyment.
Punitive Damages: These are awarded in some serious or egregious cases of misconduct on the part of an employer. Punitive damages are meant to punish the employer and discourage similar behavior in the future.
Why Choose Our Los Angeles Wrongful Termination Legal Team?
Challenging an employer in a wrongful termination lawsuit can be intimidating for employees. Your employer may be a large corporation or have well-funded legal teams that work to protect their interests. Having an experienced employment attorney on your side can make a big difference in the way your case is investigated, negotiated and presented.
Our legal team brings nearly three decades of dedicated employment law experience. We've successfully litigated over 150 class actions and a reputation that forces defense attorneys to take your claims seriously. We understand the tactics employers use and we know how to fight for the justice and compensation you deserve.
Meet Our Los Angeles Wrongful Termination Attorneys
Eric Kingsley
An AV Preeminent-rated attorney and 2024 Consumer Attorneys of California Presidential Award of Merit recipient, Mr. Kingsley has litigated over 150 class actions and practices in wage and hour litigation, wrongful termination, and sexual harassment cases. He is a prolific speaker on employment law and has directed over one million dollars in class action settlement residues to charitable organizations providing free legal services to the poor.
Kelsey M. Szamet
A UCLA School of Law graduate practicing since 2008, Ms. Szamet has been recognized as a 2023 "Super Lawyer" and recipient of the 2023 Women in Law Award for her work on complex employment class actions and individual cases. She concentrates her practice on wage and hour litigation, wrongful termination, sexual harassment, and discrimination cases, and is actively involved with several non-profit organizations including the YWCA and the Child Educational Center.
What Is Considered Wrongful Termination in California?
California operates under the "at-will" employment doctrine, which means that in most cases, either the employer or employee can end the employment relationship at any time, for any reason, or for no reason at all, with or without notice. The key takeaway is this: you can be fired for any reason, except an illegal one. While employers have broad discretion, they cannot terminate employees for reasons that violate state or federal law.
Client Testimonials
At Kingsley Szamet Employment Law, our clients' experiences speak volumes about our commitment to service and results. With Over 300 Million in settlements and verdicts, we take pride in guiding employees through workplace challenges with clarity, professionalism, and dedication. Whether one of our attorneys is taking a case to court or providing candid advice about your options, our focus remains on delivering value and support when you need it most. Here's what some of our clients have to say about working with us:
Thomas S.
I was a model employee for 10 years when my employer fired me for a ridiculous reason. I researched a few different wrongful termination attorneys, but ended up deciding on Kingsley because of the people I spoke with. They were kind and obviously had a lot of experience with my type of case. I am very happy with what they were able to do for me. After 6 months, my employer agreed to a settlement that will keep me afloat for the next decade. The process was easy and, as far as I can tell, there is no public information future employers can use against me. Kingsley fulfilled all of their promises and more.
Sal B.
I've dealt with 3 different lawyer companies before and this is a great one. They not only keep you up to date with the process but just in case they forget to keep you in the know there I a tracking system to let you know the current process of your case.
James P.
I was having some major issues with my employer and they were very patient and professional as I explained everything. They provided some good ideas for me going forward. It's not a case that is being pursued but the fact they took so much time to clearly explain employment law to me and give me some helpful steps to take free of charge was greatly appreciated. Highly recommended!
Angel E.
I can't recommend Kingsley & Szamet highly enough! From the start, they took care of everything, making the entire legal process stress-free for me. I was worried because I didn't have access to many of the documents I thought I'd need from my former employer, but the team assured me they could work with what I had - and they did exactly that. Their expertise and persistence led to a successful settlement, and I barely had to lift a finger. They knew exactly how to present my case, negotiate effectively, and get my prior employer to agree to fair compensation. I truly appreciate their professionalism, dedication, and hard work.
Continue reading what our clients have to say by visiting our Google Reviews or our testimonial page.
Frequently Asked Questions
How much can I sue for wrongful termination in California?
In California, the actual amount one might recover typically depends on multiple factors including case specifics and individual circumstances. Wrongful termination damages could include lost wages (both past and future earnings), emotional distress, damage to professional reputation, and in some cases, punitive damages, though a wrongful termination settlement amount can vary significantly.
What evidence do I need to prove wrongful termination?
Evidence that might support a wrongful termination claim could include various forms of documentation such as emails, performance reviews, or company policies. Testimony from colleagues who witnessed relevant behavior or could speak to your performance might be valuable, as well.
Is it expensive to sue for wrongful termination?
Many employment lawyers work on a contingency fee basis, meaning clients pay nothing unless the case is successful..
What is the statute of limitations for wrongful termination claims in Los Angeles?
In Los Angeles, California, there are different statute of limitations for wrongful termination claims depending on the specific legal basis for the claim. For example, defamation might be as little as 1 year, where a written employment contract breach might be as long as 4 years.
What California Laws Protect Employees from Wrongful Termination?
Some of the laws that protect employees from wrongful termination in Los Angeles include: Fair Employment and Housing Act (FEHA), California Labor Code, Public Policy Protections, Contract Protections, California Family Rights Act (CFRA), California Equal Pay Act prohibits pay discrimination and retaliation, and Pregnancy Disability Leave Law among others.
How long do I have to file?
In California, you generally have 1 to 4 years to file a wrongful termination lawsuit depending on the specific legal basis (1 year for defamation, 2 years for most personal injury claims, 3 years for discrimination under FEHA, and 4 years for written contract breaches), so it's critical to contact a Los Angeles wrongful termination attorney immediately to protect your rights.
What is the Tameny doctrine and does it apply to my case?
The Tameny doctrine, established by the California Supreme Court in Tameny v. Atlantic Richfield Co. (1980), allows employees to sue for wrongful termination when the firing violates fundamental public policy, even without a contract. Common examples include being fired for reporting unsafe workplace conditions to OSHA, refusing to commit fraud, or exercising a statutory right like filing a workers' compensation claim. If your termination falls under this doctrine, you may have both a statutory claim under FEHA and a common-law Tameny claim.
Can I be fired for reporting a workplace safety violation to OSHA?
No. Terminating an employee for reporting OSHA violations is illegal under both California Labor Code § 6310 and federal OSHA anti-retaliation provisions. If you were fired after making a workplace safety report, you likely have a strong wrongful termination retaliation claim.
Do I have a wrongful termination claim if I quit?
Yes, you may have a wrongful termination claim even if you quit if your employer created intolerable working conditions (such as harassment, discrimination, or illegal demands) that forced you to resign, which is called constructive discharge or constructive termination and is legally treated the same as being fired.
Protect Your Rights: Contact Us for a Free Case Evaluation
Wrongful termination claims are subject to strict legal deadlines known as statutes of limitations, which can limit the amount of time you may have to pursue your rights. These deadlines are enforced under California employment laws, including claims handled through the California Civil Rights Department (CRD). Waiting too long could affect your ability to seek justice and compensation for your losses.
If you believe you were wrongfully terminated, taking prompt action is important. Contact our Los Angeles office today or complete our secure online evaluation form and to discuss your potential case. We offer a free consultation to help you understand your options and determine the next steps for your claim.
Kingsley Szamet Employment Lawyers
16133 Ventura Blvd #1200
Encino, CA 91436
(818) 990-8300
