Wrongful termination, also called unlawful termination, is a very broad subject which can only be briefly explored here.  Essentially, if an employee is terminated for an unlawful reason, she or he may be able to recover damages from the former employer.  California, however, is an “at-will” state.  This means that the employer may terminate an employee’s employment at any time for any reason as long as it is not an unlawful reason.  Unlawful reasons include discrimination or harassment or because an employee complained about illegal conduct being engaged in by the employer, safety conditions or similar matters.

Another form of wrongful termination is “constructive termination”.  In this situation, the claim is that the employer has made the working conditions so intolerable that the employee has no other option but to quit.  In order to win a case based on this theory, the employee must show that she or he had taken all available steps to try to change the problems, such as reporting the problems to management, without any change occurring.

Proving a wrongful termination claim is the burden of the former employee.  Proof can come in the form of statements made by former supervisors, emails and documents, among other forms.   If the employee is successful, he or she can recover compensation in the form of lost wages and benefits from the employer.  In some cases, emotional distress damages and attorney’s fees can also be recovered.

The Dean Law Group, with its decades of experience, will help you sort out these complex employment issues.  Our experience in these matters includes numerous trials, arbitrations and mediations, as well as many administrative proceedings.  The firm’s attorneys practice in both California state and federal courts.