We Fight for Those Who Have Been Wronged Sacramento Employment Law

Sacramento Wrongful Termination Attorneys

Illegally Fired? Our Employment Lawyers Can Help You

Being terminated from your job in any scenario is always a painful process. However, being wrongfully terminated when you have done nothing wrong is many times more frustrating. Regrettably, there are many employees who end up being fired for illegal reasons.

There are many scenarios that can lead to an illegal firing. These include terminating employees in violation of contract policy, due to discrimination, or in retaliation for making complaints of unlawful activity or seeking accommodations or leave. If you believe you were the victim of wrongful termination, our employment law attorneys can help you.

If you’ve been wrongfully terminated, contact us today by calling (916) 262-7006 to speak with our Sacramento wrongful termination attorneys!

What Constitutes Wrongful Termination?

Wrongful termination occurs when an employer unlawfully fires an employee in violation of state or federal employment laws. Some common forms of wrongful termination include:

Discrimination-Based Termination – Firing an employee due to race, gender, age, disability, religion, national origin, or sexual orientation is illegal under both federal and California law.
Retaliation – Employers cannot fire employees for reporting workplace harassment, discrimination, or illegal activity, such as fraud or safety violations.
Breach of Employment Contracts – If you have an employment contract that specifies the conditions of termination, your employer must adhere to those terms.
Whistleblower Retaliation – Employees who report illegal or unethical business practices are protected from termination under California labor laws.
Public Policy Violations – Employers cannot fire employees for exercising their legal rights, such as filing a workers' compensation claim, taking medical leave, or serving on a jury.

If you suspect you have been wrongfully terminated, our legal team can review your case and help determine the best course of action.

What Are the Grounds for a Wrongful Termination Claim in an At-Will Employment State?

Numerous employers throughout California inform their employees that their employment is “at-will." However, many employers abuse this clause, firing employees under the pretext of this vague phrase. Even in an at-will employment state, there are still several state and federal laws protecting employers from a wrongful dismissal.

Our attorneys at Webber & Egbert Employment Law, P.C. are trained to identify scenarios where employers have attempted to disguise illegal terminations. We will work with you to prove the unjust nature of your termination. We will help you demonstrate that your employer is the one actually at fault.

The Employment Relationship is Exempt from At-Will Employment Laws

Not all employees in California are at-will employees. Namely, certain employment contracts supersede employment-at-will rules. These contracts either state specific conditions that must be met before the termination of an employee or otherwise promise employment for a period of time.

Implied contracts also fall under this rule. Even without a written contract, if it has been implied that your employment will not be terminated without good cause, a discharge can qualify as wrongful termination.

The Termination Was Discriminatory

Any termination that occurs due to an employee's protected characteristic is considered discrimination and therefore illegal.

Protected characteristics in California include:

Race, color, age, ancestry & national origin
Religion
Sex, gender, gender identity & gender expression
Sexual orientation
Marital status
Disability & medical condition
Military & veteran status

If these factors play a role in an employer's decision to fire an employee, that employee is committing an act of illegal termination.

The Termination Was Retaliatory

California law protects employees who speak about sexual harassment, discrimination, and other wrongful actions in the workplace. In addition, employees whistleblowing to law enforcement are protected under federal law. Employers cannot use termination as a punishment against employees who file such complaints or reports.

Illegal Termination After FMLA Leave or Worker's Comp Claims

Employees have a right to take leave under the Family and Medical Leave Act. They also have a right to claim worker's compensation if they are injured on the job. Employers who fire employees as a direct result of them taking their rightful leave or compensation are doing so illegally.

Wrongfully Terminated in Sacramento? Get Legal Support Now by calling (916) 262-7006 for a wrongful termination lawyer near you.

How to Prove Wrongful Termination

Challenging illegal terminations can be a tricky and complicated process, particularly in an at-will state like California. Employers will rarely admit to their true motives for firing an employee if it falls under wrongful termination.

The court will need to see explicit proof that your circumstances clearly do not fall within the “at-will" clause.

Key components used to prove a wrongful termination case include:

Your previous performance with the company, along with any bonuses, salary increases, promotions, or positive assessments you have received
Years that you have been working for the company
Your personal history with your employer and your colleagues
Evidence of misconduct demonstrated by the employer and/or colleagues at the company
Descriptions of termination procedures specific to the company, along with proof of policies either written or oral

How Webber & Egbert Employment Law, P.C. Can Help

Our Sacramento wrongful termination attorneys will closely evaluate your case and check relevant criteria to show that you were wrongfully terminated.

We can look into whether your employer failed to follow policies leading to your termination, whether there was differing treatment in the workplace based on illegal factors, and any other factors to build your wrongful termination case.

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Why Choose Webber & Egbert Employment Law, P.C.?

Elevated Value

At Webber & Egbert Employment Law, P.C., we are highly trained and have in-depth knowledge of California labor and employment laws. We can guide you through the entire litigation process and help you fight for the results you deserve.
Strategic Litigation

We strategically litigate cases on behalf of our clients and do not accept a settlement because it is an easy way out. We take an in-depth look at each case and develop a detailed litigation strategy in order to get the best results possible for our clients.
Dual Defense Experience

In the past, we have defended some of the world’s largest corporations. This allows us to foresee how corporations will defend these matters and to counteract their tactics to get the best results possible for our clients.
Client-Centered Approach

We put our client’s interests above all else at Webber & Egbert Employment Law, P.C. We will go above and beyond to make sure you are well represented and that you get the best result possible in your case.

Damages That You Can Recover

In a wrongful termination claim, you can recover economic damages, emotional distress damages and punitive damages.

Economic damages for lost wages and other compensation that you would have received had you not been terminated
Emotional distress damages for the pain and suffering that you were forced to endure as a result of the wrongful termination
Punitive damages in order to punish the wrongdoer. Punitive damages are not typically awarded. However, they can be if the Court or a jury determines that the employer acted with malice, oppression or fraud

In many employment law cases your attorney can also recover their attorney fees. However, wrongful termination law does not provide for recovery of attorneys’ fees.

Constructive Termination in California

Many people believe that if they quit, they lose all rights to a wrongful termination claim. While having your employer fire you will make your case stronger, you can still make a case for wrongful constructive discharge in the right circumstances.

What Is Constructive Termination?

Constructive termination, also known as constructive discharge, occurs when your employer intentionally creates or permits a toxic work environment so as to make the worker feel they have no choice but to resign.

Employers often do this because they believe causing the employee to quit will protect them from a wrongful termination lawsuit. California law recognizes this practice and allows workers to pursue constructive discharge claims against their employers.

How to Prove Constructive Discharge

To pursue a wrongful constructive discharge claim, you must prove the following:

Your employer knowingly constructed or allowed intolerable working conditions, leaving your resignation as the only reasonable choice
Your employer could not rightfully fire you, and if they had, you would have had a valid wrongful termination claim against them

Experience Fighting Big Firms

You may feel helpless after being wrongfully terminated from your job, especially if you are facing a giant corporation. However, Webber & Egbert Employment Law, P.C. will help set your mind at ease. Our wrongful termination lawyers, some of whom previously represented large corporations, are intricately familiar with labor and employment laws. We have the experience and knowledge necessary in order to get you the best results possible.

Reach out to our wrongful termination law firm in Sacramento, CA for help. Call us today at (916) 262-7006 so that Webber & Egbert Employment Law, P.C. can advocate for your rights.