Wrongful Termination Attorneys in Temecula, California
Being fired is always unpleasant and upsetting, and being fired for an illegal reason is even worse. Wrongful termination is more common than you might think. Many people do not understand their rights and do not know what constitutes wrongful termination.
At the Law Offices of Charles P. Boylston, we represent both employees who suspect that they were fired for an illegal reason and employers accused of wrongful termination. If you are an employee, we can help you file a civil claim and pursue justice. If you are an employer, we can help you defend your actions and understand what you can and cannot do when firing employees.
With an office in Temecula, California, the Law Offices of Charles P. Boylston represents clients all across Southern California, including in Los Angeles, Orange, Riverside, and San Diego counties.
What Is Wrongful Termination?
Wrongful termination is a situation where an employee’s employment is terminated for an illegal reason. However, suing an employer for wrongful termination in California is more complicated than in other states because California is an “at-will” employment state where employees can be fired for no reason or any reason and at any time.
Technically, you can be fired for any reason in California, but there are exceptions to the at-will employment rule. Your employer cannot lawfully fire you for discriminatory reasons, for exercising certain rights, and for a few other reasons discussed below.
When Is It Wrongful to Terminate an Employee?
Employees in California may have grounds to sue their employer for wrongful termination if their employment was terminated because of any of the following reasons:
Discrimination based on race, gender, color, national origin, or other protected characteristics;
Breach of contract, including breaking implied or written promises;
Retaliation for certain protected activities (e.g., requesting medical leave or filing a complaint);
Filing a workers’ compensation claim after a workplace accident;
Violating public policy, including terminating an employee for taking time off to serve in the military, vote, or serve on a jury;
Whistleblowing (reporting wrongdoing or illegal activity at work).
Each case is unique, which is why it may be difficult to determine what is and isn’t wrongful termination. Fortunately, our wrongful termination attorneys in Temecula, California, can help assess your situation and explain your rights and legal options if you suspect you have been wrongfully terminated. Contact our attorneys at the Law Offices of Charles P. Boylston to discuss your unique situation before proceeding with a claim.
Understanding Constructive Discharge
California’s wrongful termination law also addresses what is known as “constructive discharge.” Constructive discharge is when an employer knowingly permits or intentionally creates conditions that are so unacceptable and intolerable that a reasonable employee has no choice but to quit their job.
Employers may use “constructive discharge” if they want to get rid of an employee but cannot fire them without violating California’s wrongful termination statutes. However, employees have the burden of proving that the employer was aware of the conditions. If this element cannot be proven, it may not be possible to sue the employer.
Lawsuits Against Employers for Wrongful Termination
Employees, or former employees, who feel that they have been wrongfully terminated from their job may have a right to sue their employer and seek compensation. While independent contractors are generally unable to bring such claims, there are exceptions to the general rule. For example, a contractor may be misclassified as a contractor rather than being rightfully identified as an employee. In that case, the misclassified employee may also pursue a claim for misclassification.
If you were wrongfully terminated, you can file a civil case against your employer or file a complaint with a federal agency. Often, suing an employer is the employee’s most effective option. However, if you are considering filing a lawsuit against your employer, you need to consult with a skilled wrongful termination attorney first.
How a Wrongful Termination Attorney Can Help
Wrongful termination cases are highly sensitive and can be complicated to navigate. Your employer is most likely represented by a lawyer to protect you from wrongful termination and other civil suits.
An experienced employment lawyer is an indispensable asset for understanding the law, asserting your rights, and representing you in court if necessary. Demonstrating that wrongful termination laws were violated is not always straightforward. There are often complicated layers to uncover, which require evidence to prove a claim effectively.
Our wrongful termination attorneys at the Law Offices of Charles P. Boylston can help you assess your situation to better understand your legal rights. If you have grounds to sue your employer, our attorneys will help you build a strong case, gather evidence, and fight for your rights to achieve the best possible outcome.
Wrongful Termination Attorneys Serving Temecula, California
The knowledgeable and results-driven attorneys at the Law Offices of Charles P. Boylston are dedicated to helping clients navigate the legal system and protect their rights. If you suspect that you were fired for an unfair or illegal reason, our wrongful termination attorneys in Temecula, California, can advise you about your options and determine your best course of action. Contact our office and tell us about your situation.