Wrongful Termination Lawyer

California is an “at will” employment state, which means that both employees and employers can terminate employment at any time without providing notice or reason. Unfortunately, this sometimes leads to employers cutting employees loose without much preparation. Regardless of if you were fired or laid off due to non-performance related issues, being let go from your job is rarely a pleasant experience. If the reason for termination conflicts with employment laws, you may be a victim of unlawful and wrongful termination. If you feel you have been wrongfully terminated, call Mesriani Law Group today for a free consultation to discuss how to recover any damages from being wrongfully terminated.

How a Wrongful Termination Lawyer Can Help

Wrongful termination cases are legally complex and often difficult to prove. At Mesriani Law Group, our experienced legal team is dedicated to navigating these challenges on your behalf. We focus on:

• Building a Robust Case: Analyzing facts and collecting critical evidence.

• Managing Discovery: Navigating the legal process to uncover internal documents and testimonies.

• Advocating for Your Rights: Negotiating the settlement you deserve or representing you at trial.

If you believe you were illegally dismissed, call (866) 500-7070 for a free, confidential consultation.

What Qualifies as Wrongful Termination?

While California is an “at-will” employment state—meaning employers can generally terminate an employee at any time—they cannot do so for illegal reasons. Your termination may be wrongful if it involves:

1. Breach of Contract

If a written contract exists that outlines specific terms for termination, an employer can be held accountable for breaking those terms.

2. Discrimination

Terminating an employee based on their membership in a protected class is a violation of both state and federal law. These classes include:

• Race and Ethnicity

• Sex, Gender Identity, and Sexual Orientation

• Religion and Age

• Disability and Pregnancy

• Marital and Familial Status

3. Retaliation

Employers are prohibited from firing employees as an act of revenge for “protected activities,” such as whistleblowing, filing a sexual harassment complaint, or reporting labor law violations.

4. Forced Resignation (Constructive Dismissal)

If an employer creates an intolerable work environment intended to force you to quit, California law may view that resignation as a “constructive” termination, giving you the same legal standing as if you were fired.

Critical Steps to Take After Termination

The actions you take immediately following a dismissal can significantly impact the success of your claim:

• Remain Composed: Avoid lashing out, as your conduct can be used against you in court.

• Document Everything: Request your termination notice in writing. Save emails, performance reviews, and text messages that create a timeline of your employment history.

• Write Your Account: Record specific dates, names, and incidents while the details are fresh in your memory.

• Stay Off Social Media: Never post details about your case or your employer online; these posts are frequently used by defense attorneys to undermine a plaintiff’s character.

• Retain Legal Counsel Immediately: Employers have vast resources; you need an experienced attorney to secure personnel files and file formal complaints before deadlines pass.

Employer Bad Faith and Fraud

Wrongful termination can also stem from an employer acting in “Bad Faith” or committing Fraud.

• Bad Faith: This includes terminating an employee to avoid paying earned commissions or replacing a veteran employee with a cheaper alternative out of spite.

• Fraud: This occurs when an employee is hired under false pretenses—such as being promised a specific salary or job description that the employer never intended to honor.

Understanding Your Potential Damages

If a court or settlement determines your employer is liable, you may be entitled to recover:

1. Lost Wages: This includes back pay (salary/hourly wages), unpaid overtime, and bonuses. If you find a new job at a lower rate, you can often sue for the difference in pay.

2. Lost Benefits: You can claim the monetary value of lost medical/dental insurance, 401k contributions, and stock options.