Newport Beach Wrongful Termination Lawyer

Newport Beach Wrongful Termination Attorney

California is a state with some of the toughest employment laws. If you were wrongfully terminated, it is wise to hire a lawyer to represent you. Hiring the right Newport Beach wrongful termination lawyer can make a considerable difference in your case.

At Engels-Janzen, we have experience litigating wrongful termination cases. We represent both employers who have been accused of wrongful termination and employees who are victims. We understand that winning cases comes down to knowledge of employment laws as well as the quality of evidence presented. We work hard to ensure our clients are prepared when they stand in front of a judge, and we help ensure employees receive the payout they deserve.

California Wrongful Termination Laws

California is an at-will employment state, meaning that both employers and employees can terminate the work relationship without penalty or notice. However, if an employee believes their termination is unlawful or unjust, they may have the right to file a legal claim against their employer. This could be because an employer violated a contract or engaged in illegal activity.

California puts robust employment laws in place to protect employees from discrimination, harassment, or retaliation. It is illegal in California for employers to discriminate against employees based on race, religion, sex, gender, national origin, disability, or medical status. Other reasons for wrongful termination include:

• Reporting a protected action, such as sexual harassment or discrimination
• Reporting illegal activity
• Being fired for taking off work
• Being fired for a reason that is against company policy
• Being forced to quit your job
• Being fired as a form of whistleblower retaliation

The Department of Industrial Relations Division of Labor Standards Enforcement handles cases related to wrongful termination due to retaliation, discrimination, or harassment. Hiring a lawyer is wise to help ensure you receive justice and recover any losses endured because of wrongful termination.

Burden of Proof

The burden of proof for wrongful termination is on the employee, who must prove that they were illegally terminated. This typically requires compelling evidence, witness testimony, a clear and accurate timing of events, and other proof that a law was violated. If an employer wants to defend their case, they must also provide evidence, records, documentation, etc. In general, the employer must prove a clear connection between the termination and a specific action.

Settlement for a Wrongful Termination Claim in California

If you believe you were wrongfully terminated, you should promptly hire a lawyer. You likely incurred substantial losses because of wrongful termination, namely loss of wages. Other losses that you may be able to recover include:

• Legal fees – this includes fees for your attorney and court costs.
• Punitive damages – if the employer’s actions were malicious or outright harmful, the victim may recover damages to punish the employer.
• Employment reinstatement – in some cases, the employee may have their employment reinstated if they were unlawfully terminated.
• Emotional distress – it can be stressful being wrongfully terminated, especially if you experienced discrimination or sexual harassment.

In extreme cases, an employer could face criminal or civil charges, for example, if sexual harassment crosses the line to sexual assault or if discrimination leads to a civil rights case.

Why Hire a Lawyer?

Being wrongfully terminated can feel like betrayal and come with losses beyond the loss of wages. Typically, employees who are wrongfully terminated may have dealt with discrimination, harassment, or threatening behaviors. These can all have long-term consequences. If this is your situation, hiring a lawyer can help you recover losses and damages so that you can move forward with your life. Your lawyer can help you through the legal process and defend you in court.

If you are an employer facing wrongful termination charges, you also have rights. You deserve a lawyer who will defend you, listen to you, and advocate for you in court. If you believe you are being falsely accused and you had valid and legal reasons for terminating an employee, your side of the story deserves credence as well.

FAQs

What Is the Average Payout for Wrongful Termination in California?

The average payout for wrongful termination in California varies. Payouts for wrongful termination depend on the lawyer’s skill and experience, the quality of the evidence and eyewitness testimony presented, and the amount of losses the victim incurred. While lost wages are the most common financial consideration, emotional distress, punitive damages, and lawyer fees are also considered in a settlement.

What Are the Odds of Winning a Wrongful Termination Claim?

Your odds of winning a wrongful termination claim are largely dependent upon the quality of evidence in your case and your lawyer’s skill. Though California has some of the toughest labor laws in the country, your attorney can make the difference when it comes to winning a wrongful termination claim.

What Evidence Can Be Used for a Wrongful Termination Claim?

In Newport Beach, there is a range of evidence that can be used to prove wrongful termination. The evidence for each case is different, but some examples include correspondence between employer-employee, documentation or reports, and eyewitness testimony.

If an employer discriminates against an employee, the employee may have correspondence with evidence of discriminatory language. On the other hand, if an employee was fired after taking off work for a religious holiday, they could use a timeline of events as evidence.

What Qualifies as Wrongful Termination in California?

In general, a person can be wrongfully terminated because they experienced discrimination, reported a protected action, reported illegal activity like sexual harassment, their employer violated their contract, or because of other forms of retaliation. California is an at-will employment state, but if any employer violates the law, the employee may file a legal claim.

Experienced Lawyers at Your Side

At Engels-Janzen, we have years of experience litigating a range of employment law cases. We take our time and compassionately listen to our clients to ensure they receive justice. Whether you’re an employer or employee, wrongful termination is a serious accusation. Contact us today for a consultation and learn how we can represent you in court and advocate for your rights.