Santa Ana Wrongful Termination Lawyer
Kim Law, APC: Wrongful Termination Attorney in Santa Ana, CA
Losing a job can be difficult; losing a job as the result of discrimination, harassment, or retaliation can be devastating. Kim Law APC stands ready to address and correct these injustices with compassionate advocacy for victims of wrongful termination.
Speak to a Santa Ana Wrongful Termination Lawyer
Employment Law Cases We Handle:
- Wrongful Termination
- Workplace Retaliation
- Workplace Harassment
- Workplace Discrimination
- Unpaid Wages
- Family and Medical Leave of Absence
Most California employees are “at-will,” meaning their employer can terminate their employment at any time. However, all employees have core rights that employers cannot violate. California and federal law provide specific rules that employers must follow with every employee.
Wrongful termination can still occur in at-will states.
Even in at-will states like California, employers cannot terminate employees for reasons that are illegal, discriminatory, retaliatory, or in violation of public policy or contractual agreements. This includes discrimination, retaliation, violation of public policy (for example, termination for reporting illegal activity or exercising your right to take medical leave) or whistleblowing.
If you believe you have been wrongfully terminated, you may be entitled to compensation, and Kim Law APC is ready to assist. Chris Kim and his compassionate team have represented clients in a wide range of employment rights cases. Our law firm offers free consultations on all employment-related issues.
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California employees deserve a safe and respectful working environment.
Understanding Wrongful Termination
Wrongful termination can take several forms. In every instance, wrongful termination can create tremendous financial and emotional strain on affected individuals and their families. People who have been wrongfully terminated may be entitled to compensation under California law for lost wages, emotional distress, and more.
Wrongful termination often takes the following forms:
Discrimination
Firing an employee because of a protected status is illegal under federal and state anti-discrimination laws. Protected statuses include race, skin color, national origin, ancestry, sex, pregnancy, sexual orientation, physical or mental disability, marital status, medical condition, genetic information, gender, religion, age, and military or veteran status. (See the full list of California’s protected characteristics.)
Retaliation
It is illegal to terminate an employee for engaging in legally protected activities. This includes reporting illegal conduct of any sort, filing a complaint about discrimination or harassment, or exercising rights under labor laws (e.g., filing a workers’ compensation claim or taking family or medical leave). Retaliation cases make up about 60% of all EEOC complaints.
Violation of Public Policy
Wrongful termination can also occur if an employer fires or suspends an employee for reasons that violate established public policy. This includes serving on a jury, refusing to break the law, or reporting safety violations. These behaviors are protected under federal law, which your employer cannot override.
Breach of Contract
If there is an employment contract (written, oral, or implied) that limits the employer’s ability to terminate the employee (for example, requiring “good cause” for termination), firing the employee in violation of those terms can be wrongful. If your employer failed to establish a reasonable cause for your termination, there may be cause for legal action against them.
Whistleblowing
A whistleblower is someone who reports illegal activity at work, either publicly or anonymously. For instance, employers must provide reasonable accommodations for disabilities, along with protected leave for qualified medical reasons. Reporting illegal or unethical activities related to these regulations is protected under whistleblower laws.
Chris Kim, founder of the firm and a Santa Ana wrongful termination attorney, brings experience and compassion to every wrongful termination case. For expert legal guidance, contact Kim Law APC to schedule a consultation with a Santa Ana wrongful termination lawyer: (213) 246-5550
Examples of Wrongful Termination
- Retaliating against an employee for reporting sexual harassment
- Layoffs that disproportionately impact individuals in a protected class
- Firing an employee for requesting disability accommodations
- Terminating someone because they are considered “too old” for their position
- Dismissing an employee for demanding payment for overtime wages
- Firing an employee for raising concerns about possible job misclassification
Wrongful termination can occur in an at-will employment state.
Your job is not just an afterthought; it’s your livelihood. It’s how you afford your lifestyle and provide for yourself and your family. Employers know how much leverage they have over employees, and sometimes abuse their positions of power by asking more of their employees than is reasonable. If your employer violates your rights, you may have a claim against your employer.
Kim Law APC understands that filing a lawsuit against your employer, or even threatening one, is terrifying. We work closely with all victims of harassment, discrimination, and retaliation to make sure we represent them with compassion and dignity, regardless of the circumstances.
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Wrongful Termination in California: Frequently Asked Questions
What is wrongful termination?
Wrongful termination in California occurs when an employer unlawfully dismisses an employee for reasons that violate state or federal laws, such as discrimination based on race, gender, age, disability, pregnancy, or other protected characteristics, or for retaliation against legally protected activities like whistleblowing or filing a complaint.
Even though California is an “at-will” employment state, meaning most employees can be fired at any time for any legal reason, there are important exceptions that protect workers from being fired for illegal or discriminatory reasons. If you believe you have been the victim of wrongful termination, always speak to a Santa Ana wrongful termination lawyer.
Can wrongful termination still occur in an at-will state?
Yes, wrongful termination can still occur in an at-will state (like California) if the employer fires an employee for reasons that are illegal or prohibited by law. While employers are permitted to terminate employment at any time, that does not permit them to fire you for any reason. Common scenarios where wrongful termination occurs in at-will states include discrimination, retaliation, violation of public policy, breach of contract, and whistleblowing.
What legal remedies are available through a wrongful termination lawsuit?
A successful California wrongful termination lawsuit can result in reinstatement to your former job, payment of lost wages and benefits, compensation for emotional distress, and, in some cases, punitive damages if the employer’s conduct was especially egregious. You may also be entitled to recovery of your legal fees if your claim is based on discrimination, harassment, or retaliation.
For your wrongful termination case, and to determine if a lawsuit is the best course of action, call Kim Law APC: (213) 246-5550. We never ask for money up front, and only collect payment of legal fees after we win your case.
Can I be fired for whistleblowing or reporting illegal activities at work?
California law strictly prohibits employers from terminating employees for whistleblowing or reporting illegal, unethical, or unsafe activities in the workplace. If you are fired for reporting such conduct, your employer may be held liable for wrongful termination, and you may be entitled to damages and even reinstatement.
If you believe you were fired for reporting a safety violation or ethical concern at work, you may be entitled to damages under California’s wrongful termination laws. Call Kim Law APC to learn how we can help.
What should I do if I was wrongfully terminated?
If you believe you were wrongfully terminated, you should immediately gather and save any evidence related to your termination. This may include emails, performance reviews, witness statements, employment handbooks, and company policies.
Next, consult with a law firm that specializes in wrongful termination. Kim Law APC can help you determine if you have a valid claim and guide you through the process of filing a complaint with the appropriate agency, such as the California Department of Fair Employment and Housing (DFEH), and with the appropriate Court.
What are some examples of wrongful termination?
There are several types of wrongful termination, and these law violations can vary widely. Some common examples include:
- Being fired due to your race, gender, age, disability, pregnancy, or sexual orientation;
- Retaliation for filing a complaint about discrimination, harassment, or unsafe working conditions;
- Termination for taking legally protected leave (such as family or medical leave);
- Being dismissed for refusing to engage in illegal activities;
- Firing an employee in breach of an employment contract or violation of company policy.
How do I prove wrongful termination in California?
To prove wrongful termination in California, you must demonstrate that you were an employee, performed your job satisfactorily, were terminated, and that the termination was for an unlawful reason such as discrimination, retaliation, or violation of public policy. Evidence can include documentation of your employment, performance evaluations, records of complaints or protected activities, witness statements, and any communications regarding your termination.
What is the most common type of wrongful termination in California?
The California Civil Rights Department (CRD) handles thousands of employment discrimination and retaliation complaints annually. While the CRD does not publish a detailed breakdown of the most common wrongful termination types, discrimination and retaliation are consistently the most cited reasons in their enforcement actions and guidance.
The U.S. Equal Employment Opportunity Commission (EEOC) reports that retaliation is the most frequently alleged basis of discrimination in all sectors, followed by disability, race, and sex discrimination. California-based complaints reflect this trend, as well.