Fighting for Workplace Justice
Fighting for Workplace Justice
San Francisco Wrongful Termination Lawyer
If you have been wrongfully terminated, the Brandon Banks Law will fight for you. San Francisco employees have protections under California’s labor laws that safeguard them against wrongful termination.
Regardless of the circumstances, employment termination is traumatic. Life can suddenly become incredibly unstable. This is especially true when you have been wrongfully terminated. An employer should never get away with violating your rights as an employee.
Many individuals start looking for a new job without considering the legal options that they may have.
At Brandon Banks Law, APC, our San Francisco employment attorneys will represent you after you have experienced wrongful job loss in California. Attorney Brandon Banks has extensive experience litigating wrongful termination matters in San Francisco and will apply that knowledge to every aspect of your claim.
Complete our Employment Intake Form to get started. This information helps us best prepare to support you during your initial consultation.
What is Considered Wrongful Termination in California?
California is known as an “at-will” state when it comes to the workplace. This means that an employer can technically fire an employee for any reason, or no reason at all as long as it does not violate public policy. However, there are some unique circumstances that could give rise to a wrongful termination lawsuit. These include some of the following:
- Being in a Protected Class: An employer is not permitted to illegally fire an employee just because they are part of a protected class, including but not limited to their race, national original, sexual orientation, sex, religious affiliation, gender identity, medical condition, veteran status, citizenship status, and other related aspects. If an employer retaliates against you because of your protected class, because you filed a harassment complaint, or you testified in a lawsuit regarding discrimination, you have the right to file a claim.
- Being a Whistleblower: These terminations occur when an employer fires their employee for reporting a workplace’s violation of a law to a government agency. Under Labor Code 1102.5 LC, you have the right to report a suspected violation of the law without the concern of being fired from your workplace.
- Implied Contract Situations: Implied contracts are agreements between two parties even if there is no documented written contract on file. In these situations, an employer agrees that they will not fire an employee without good cause.
- Retaliation to Sexual Harassment Complaint: Sexual harassment in the workplace is illegal. If you were sexually harassed by an employer or employee and you filed a complaint that led to a firing, you have protections.
- Public Policy: You could have a wrongful termination claim if you refused to follow your employer’s orders to do something illegal in the workplace and they fired you because of it. In many of these cases, criminal fraud laws are at play.
- Filing Workers’ Compensation Claim: In California, employers are required to carry workers’ compensation insurance. If you filed a workers’ comp claim because you were injured on the job and you were fired because of a retaliating employer, you have grounds to a wrongful termination lawsuit.
- Taking Leave: Under the Family and Medical Leave Act (FMLA), you have certain protections regarding your leave. If you were fired within 30 days of using paid sick leave or within 90 days of returning from FMLA leave, you may have a claim.
- Mass Layoff Without Notice: California’s Worker Retraining and Notification (WARN) Act states that employers are supposed to provide employees with 60 days’ notice of closing a facility or conducting a mass layoff of more than 50 employees. If they have not given you notice and you were fired, you may be able to make a wrongful termination claim.
There are many situations that qualify for a wrongful termination claim under California law. If you believe that you have been wrongfully terminated due to any one of these unique circumstances, you may have the right to file a claim. However, as these claims can be incredibly complex and difficult to litigate at times, it is incredibly helpful to seek experienced legal help.
Protected Classes in California
There are several protected classes within the San Francisco workplace. California law provides an additional layer of protection and enforcement for discrimination, harassment, and termination based on certain individual characteristics.
The California Civil Rights Department enforces laws that protect the California workforce from discrimination and termination based on actual or perceived:
- Ancestry
- Age (40 and above)
- Color
- Disability
- Genetic Information
- Gender Expression
- Gender Identity
- Marital Status
- Medical Condition
- Military or Veteran Status
- National Origin (including language, possession of driver’s license to undocumented immigrants)
- Race (including hair texture and hairstyles)
- Religion
- Reproductive Health Decision-making
- Sex/Gender (including pregnancy, children, childbirth, breastfeeding, and related medical conditions)
- Sexual Orientation
The Civil Rights Department (CRD) in California states that it is illegal for employees who have five or more employees to discriminate against job applicants and employees who fall under a protected category such as those mentioned above.
Damages Available in a California Wrongful Termination Lawsuit
In a California wrongful termination lawsuit, there are various types of damages that you may be able to recover. These include some of the following:
- Lost Wages and Benefits: You may be able to receive damages for lost wages and benefits that you could have expected if you were not wrongfully terminated. Along with wages, these benefits include aspects like healthcare benefits, unused vacation, and more.
- Reinstatement of the Job: Even though many people do not want the same job back after they have been wrongfully terminated and will begin to seek new employment, you could be granted job reinstatement if you choose to return.
- Loss of Future Wages: You may be able to receive compensation for any future wages that you could have expected if you were able to remain at the job.
- Pain and Suffering: This includes compensation for mental suffering, loss of enjoyment of life, anxiety, or depression that was caused by wrongfully losing your job.
- Litigation Costs: You may be able to receive damages that pay for attorney’s fees and the costs of litigation so that you do not have to take care of them on your own.
- Punitive Damages: Punitive damages are meant to punish an employer for their wrongful behavior. These damages are non-economic in nature and are commonly seen in cases involving discrimination.
Of course, the damages that you will receive depend on the exact circumstances of your claim and the losses you have suffered due to your firing. Though no settlement or trial amount is set in stone, your lawyer may be able to give you a better idea of what damages you can expect as you move forward with a claim.
California Wrongful Termination Laws
Fair Employment and Housing Act (FEHA): FEHA serves as California’s primary statute prohibiting discrimination, harassment, and retaliation – including termination – in employment settings. It provides protection for individuals belonging to protected categories, including race, color, national origin, religion, sex, gender identity, sexual orientation, marital status, disability, and age. FEHA applies to employers with five or more employees. An individual who was terminated due to one or more of these characteristics would be considered wrongfully terminated and eligible to file a claim.
California Family Rights Act (CFRA): CFRA grants eligible employees up to 12 weeks of unpaid leave for specific family and medical reasons, such as when an employee’s health condition affects their ability to work or when caring for a family member with a serious health condition. This law applies to employers with 50 or more employees. Violations may involve termination or demotion when employees exercise their right to take CFRA leave.
California Labor Code Section 1102.5: This provision protects employees who report violations of state or federal laws or regulations to governmental or law enforcement entities, as well as those who refuse to engage in activities that would violate the law. Violations could include termination, demotion, or harassment in response to an employee’s disclosure of such information.
California Labor Code Section 98.6: This section safeguards employees who file complaints or assert their rights under the state’s labor laws. Violations may include termination, demotion, or harassment following an employee’s complaint of a labor law violation.
California Labor Code Section 230: Section 230 prohibits employers from terminating employees based on their lawful off-duty conduct, including activities or hobbies outside of work hours.
California Labor Code Section 6310: This provision prohibits employers from retaliating against employees for reporting workplace safety concerns or hazards to appropriate government agencies. Violations may include termination, demotion, or harassment following an employee’s complaint about labor law violations.
California Business and Professions Code Section 16600: Addressing non-compete agreements in employment contracts, this law ensures employees’ freedom to pursue other job opportunities after leaving a position. Violations may include terminating an employee for interviewing for another job in the same field.
California Government Code Section 12940: A part of FEHA, this section specifically prohibits termination based on protected characteristics.
California Government Code Section 12965: This section outlines procedures for lodging complaints with the Department of Fair Employment and Housing (DFEH) and seeking legal remedies for workplace discrimination, harassment, and retaliation.
Proving a Wrongful Termination Claim
Evidence is key when proving a wrongful termination lawsuit in California. Under federal law, the burden of proof is on you to show that you were fired for a reason that was not legal in nature. You must be able to prove that there was a case of discrimination in some way. Even though your employer can fight this and say that there was a valid reason for your firing, you have every right to show evidence stating otherwise.
Evidence can include a track record of discrimination in the past, documentation showing that you were treated unfairly over a significant period of time, or even eyewitness statements from others who have seen the discrimination or witnessed it themselves previously. Reporting these events to human resources is also a good idea to have them documented if your claim makes it to settlement or trial.
Time Limits in a Wrongful Termination Claim
It is important to seek legal advice right away after you believe you were wrongfully fired from a job in California. This is due to the fact that you have certain time limitations under California’s statute of limitations. As with most states regarding these claims, you typically have two years to file a claim against your employer before you are barred from doing so. There are certain situations where the statute allows more time, such as three years in whistleblowing cases and three years to file a claim with the California Department of Fair Employment and Housing. Working with a San Francisco wrongful termination lawyer can help ensure your case is not dismissed for missing deadlines.
It is vital that you get a start on your wrongful termination case not only to meet these limitations but also because you do not want crucial evidence to disappear. When the events of your firing are fresh in your mind, it can be helpful to document these events with a lawyer who can help put the pieces together.
Contact a San Francisco Hostile Work Environment Lawyer Today
At Brandon Banks Law, APC we understand what you are going through if you have suffered from or lost your job due to a hostile work environment. You may be feeling helpless and confused about your options moving forward.
You are not alone during these difficult times. Brandon Banks has experience dealing with hostile work environment cases in San Francisco. We want to help you exercise your rights as an employee in California. Please contact us for a consultation or fill out our employment intake form to get started. This form helps us best understand your situation and develop a plan to help you move forward.
Disclaimer: While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer. To schedule a meeting with an attorney, please call the firm or complete the intake form below.
