Wrongful Termination Retaliation Lawyers in California & Nevada
Many of us have had the experience of being let go or fired from a position at some point over the course of our lives. It may have been due to a mistake or error you made on the job or due to circumstances beyond your control, such as a plant closing or an employer going out of business. While California and Nevada employers do not necessarily need a reason to let you go, there are situations in which your firing may be against the law. At Valiant Law, our employment law attorneys are here to help in these types of cases. Depending on the situation, you may be entitled to reinstatement of your job, or compensation for lost wages and benefits.
Wrongfully terminated from your job? Contact us today at (909) 254-5771 for a free consultation and learn how we can help you fight for justice and compensation.
Understanding 'At Will' Employment in California & Nevada
California and Nevada are both known as at will employment states. This means that employers can terminate your employment for any reason, or for no reason at all. The National Conference of State Legislatures (NCSL) states that this also means that an employer can change your terms of employment, such as your schedule, the types of duties you perform, your benefits and wages, as they wish.
Exceptions to this ‘at will’ policy include when there is an employment contract in place, or when the reason for terminating employment is prohibited by state or federal law.
Common Examples of Wrongful Termination
- When it is based on your status in a protected class as outlined under civil rights laws enforced through the Equal Employment Opportunity Commission (EEOC), such as due to race, age, religion, gender, sexual orientation, or disability.
- When it is due to you engaging in activities that serve the public interests, such as if you are a member of the Armed Services or a volunteer firefighter.
- When it is due to your refusing to commit an illegal act on behalf of your employer or in the course of your job.
- When it is due to your having reported a violation of state or federal labor laws.
- When you are exercising statutory rights, such as filing a workers’ compensation claim.
The California Department of Fair Employment and Housing advises that when employers engage in wrongful hiring or firing practices based on the above types of issues, they can be forced to reinstate you. They can also be held liable for lost wages, future losses in earnings and benefits, and other damages employees suffer.
Your Rights in Wrongful Termination Cases
Being wrongfully terminated can be a distressing experience, but it's important to remember that you have rights. Understanding these rights is crucial in navigating the complexities of employment law. At Valiant Law, we are committed to empowering our clients with the knowledge they need to fight for justice.
Here are some key rights you should be aware of:
- Right to Fair Treatment: Employees are entitled to fair treatment in the workplace, free from discrimination or retaliation.
- Right to Seek Legal Recourse: If you believe you have been wrongfully terminated, you have the right to pursue legal action against your employer.
- Right to Documentation: You have the right to request documentation related to your employment and termination, which can be crucial in building your case.
- Right to Confidentiality: Your case details should be handled with the utmost confidentiality, ensuring your privacy is protected throughout the legal process.
Our team of skilled attorneys at Valiant Law is here to guide you through each step, ensuring your rights are upheld. We believe that every employee deserves to feel secure in their job, and we are dedicated to fighting for those who have been wrongfully terminated. Don’t hesitate to reach out for a consultation to discuss your situation and explore your options.
Signs You May Have Been Wrongfully Terminated
Losing your job can be shocking, but in some cases, it may not have been legal. If any of the following situations apply to you, you may have grounds for a wrongful termination claim.
- Sudden firing after filing a complaint – If you reported workplace harassment, discrimination, or unsafe conditions and were fired soon after, it could be retaliation, which is illegal.
- Termination following medical leave or pregnancy – Employers cannot fire you for taking legally protected medical leave under the Family and Medical Leave Act (FMLA) or for being pregnant.
- Being let go after reporting illegal or unethical activities – Whistleblower protections exist to prevent retaliation against employees who expose illegal actions like fraud, safety violations, or discrimination.
If any of these apply to you, it’s important to gather evidence and seek legal advice as soon as possible.
How to Prove Wrongful Termination
Proving wrongful termination requires strong evidence. Employers rarely admit to firing someone for illegal reasons, so you’ll need documentation to support your claim.
- Gather emails, messages, and performance reviews – If you were performing well and suddenly fired, these documents can help prove your termination was not based on poor performance.
- Document discriminatory or retaliatory behavior – Keep a record of any unfair treatment, inappropriate comments, or actions taken against you before your termination.
- Seek witness testimony from coworkers – If colleagues saw discrimination, retaliation, or unfair treatment leading up to your firing, their statements could strengthen your case.
Having a solid paper trail can make all the difference when filing a wrongful termination claim.
Steps to Take After Being Wrongfully Terminated
If you believe your termination was unlawful, take these steps to protect your rights:
- Review your employment contract and company policies – Look for clauses that outline termination procedures or protections that may apply to you.
- File a complaint with the Equal Employment Opportunity Commission (EEOC) – The EEOC investigates workplace discrimination and retaliation claims. Filing a complaint is often the first step toward legal action.
- Consult with an employment attorney for legal options – A lawyer can assess your case, help gather evidence, and determine if you should file a lawsuit for compensation.
Taking action quickly can improve your chances of holding your employer accountable and securing the compensation you deserve.
Frequently Asked Questions (FAQ)
Can I be fired without a warning?
- Yes, since California and Nevada are "at-will" employment states, your employer can fire you without a warning. However, if the termination is based on discrimination, retaliation, or another illegal reason, you may have a wrongful termination claim.
How do I know if my termination was illegal?
- If you were fired after filing a complaint, taking medical leave, reporting illegal activity, or for reasons related to discrimination, your termination may be unlawful. Speaking with an employment attorney can help determine if you have a case.
What is the deadline for filing a wrongful termination claim?
- The deadline depends on the type of claim. In California, you typically have one year to file with the Department of Fair Employment and Housing (DFEH) for discrimination claims and two to three years for other legal actions. Deadlines vary in Nevada, so consulting a lawyer is best.
Can I still get unemployment benefits if I was wrongfully terminated?
- Yes, if you were fired for an illegal reason, you may be eligible for unemployment benefits. However, if your employer claims you were fired for misconduct, they may try to challenge your claim. An attorney can help if you are denied benefits.
Can my employer fire me for talking about my salary with coworkers?
- No, under the National Labor Relations Act (NLRA), employees have the right to discuss wages and working conditions. If you were fired for this reason, it could be illegal retaliation.
What if my employer says I was laid off, but I think it was wrongful termination?
- Sometimes employers disguise wrongful termination as a layoff. If only certain employees were "laid off" based on age, race, gender, or other protected factors, you may have a case. Collecting evidence of unfair treatment can help prove your claim.
Should I accept a severance package if I think I was wrongfully terminated?
- Be cautious before signing anything. Severance agreements often include waivers that prevent you from suing. Have an attorney review the offer before accepting it.
Contact Valiant Law for Assistance with Workplace Retaliation
California and Nevada are at will employment states, meaning employers do not need a reason to fire you from your job. However, when a firing is based on a discriminatory basis or violates state and federal laws in other ways, you may be entitled to reinstatement along with compensation for the lost earnings and benefits you suffer.
Think you were fired unfairly? Contact us at (909) 254-5771 to discuss your case with an experienced attorney and explore your legal options.
