Wrongful Termination
California, like most states, employment is an “at-will.” Employment “at-will” means that Employers can fire Employees without cause. That does not mean, however, that Employers can terminate Employees for illegal reasons. If you have been fired from your job or believe that your job is in jeopardy, it is important to talk to a lawyer as soon as possible.
At Anticouni & Ricotta, we take pride in providing quality legal representation and client service in all types of employment matters. Based in Santa Barbara, we represent Employees throughout the Central Coast.
What Is Wrongful Termination?
Businesses cannot fire employees for many reasons, including:
- Discrimination: It is illegal for Employers to discriminate on the basis of age, race, gender, disability, national origin, religion, pregnancy, marital status or sexual orientation.
- Reporting illegal acts in the workplace: For instance, if your Employer committed sexual harassment, was responsible for a hostile work environment or committed some other unlawful activity, it cannot fire or otherwise retaliate against you for reporting it.
- Organizing union activities: Employees have the right to freely self-organize unions. Any attempt by Employers to discourage this activity is illegal.
If you have been wrongfully discharged for any of these or other reasons, our attorneys are ready to enforce your rights. With more than 70 years of combined experience, our lawyers know how to prepare a strong case in support of your claims.
Protecting Your Rights In Negotiations, Litigation Or Mediation
Many times, our clients are concerned about the uncertainty of litigation. We strive to resolve most employment claims through negotiations or mediation whenever possible. By doing so, we give our clients more control over the outcome of their case. With this said, our lawyers have extensive trial experience, which has made a positive impact for our clients time and time again.
Frequently Asked Questions On Wrongful Termination
If you believe you were fired unlawfully, knowing how to prove your case and understanding the legal process can help you pursue justice. Here are answers to common questions about wrongful termination claims in California.
How do I prove wrongful termination in California?
To prove wrongful termination in California, you must demonstrate that your firing violated state or federal law, breached an employment contract or was retaliatory. Key evidence includes emails, performance reviews, and witness statements that show your termination was unfair or discriminatory.
If your firing was based on discrimination, harassment, retaliation for whistleblowing or refusal to engage in illegal activity, these factors can strengthen your case.
How long does a wrongful termination case take in California?
The length depends on the complexity of the claim and whether the case is settled or goes to trial. On average, cases that settle may take a few months to a year, while those that proceed to litigation can take one to three years.
The timeline can be affected by court schedules, the strength of the evidence and whether the employer contests the claim.
Why is employment at will important in wrongful termination cases?
Employment at will allows employers to fire employees for almost any reason, as long as it’s not illegal.
However, at-will employment does not protect employers from firing someone based on discrimination, retaliation or breaches of public policy. This means that while employers have discretion, there are legal limits that employees can challenge if those boundaries are crossed.
What steps should I take after a wrongful termination?
If you believe you have been wrongfully terminated, it is essential to take immediate action. Begin by gathering all relevant documentation, including your employment contract, pay stubs, performance evaluations, and any written or electronic communication with your employer.
If your termination involves discrimination or retaliation, file a formal complaint with the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC).
Seeking legal feedback from a wrongful termination attorney can help ensure you understand your rights, the strength of your case and the best course of action moving forward.
Contact Our Law Firm Today
We provide a free phone consultation to discuss your situation in detail. Call 805-699-5968 to get started. You can also complete our online contact form.