Tustin Wrongful Termination Lawyer

Tustin Wrongful Termination Attorney

Losing your job can be traumatic, resulting in financial, emotional, and physical challenges. These challenges can be even more challenging when you lose your job due to wrongful termination. Though you understand your employer’s actions were illegal, it can feel daunting to undertake the process of legally enforcing your rights. This is where a Tustin wrongful termination lawyer can help.

At Briana Kim, PC, our team can help protect your rights and fight for the compensation you deserve. Our firm represents employees throughout Tustin, Orange County, and neighboring cities such as Irvine, Santa Ana, and Orange, ensuring local workers have strong advocacy in workplace disputes.

Experienced Wrongful Termination Legal Support in Tustin, California

Fighting your employer after a wrongful termination can seem impossible, especially if your employer is large enough to have a dedicated in-house legal team. Wrongful termination is a legal standard that requires thorough knowledge of the law to prove.

Briana Kim, PC, has years of experience supporting members of our community through wrongful termination and other employment law issues.

Understanding Wrongful Termination Laws in California

California provides strong protections to make sure employees aren’t fired for illegal reasons. Wrongful termination laws exist to hold employers accountable when those protections are violated, and one of these key protections under California law includes:

• Fair Employment and Housing Act (FEHA). This law protects employees from discrimination because of race, gender, age, disability, religion, and other protected characteristics.
• California Labor Code. This addresses retaliation, wage disputes, and other employee rights.
• Government Code. This offers protection to public employees against unlawful termination.

Knowing California’s wrongful termination laws is the first step toward protecting your rights as an employee. These laws can be complicated, so working with an experienced Tustin wrongful termination attorney from Briana Kim, PC can help ensure your case is carefully reviewed and that any potential claims are properly handled.

Wrongful Termination in Tustin, California

In most instances, employment in California is considered at-will. This means both the employee and the employer have the right to end the work relationship at any time and for any reason, unless the employer attempts to terminate the employee for an illegal reason. Termination cannot infringe on an employee’s civil or employment rights.

Wrongful termination can have many appearances and nuances that can make all the difference in whether you have a valid wrongful termination claim.

Though speaking with an experienced wrongful termination attorney can help you determine if you have a claim, broad reasons that can qualify for wrongful termination include:

• Discrimination. Employers are prohibited from firing an employee because of protected characteristics such as race, gender, sexual orientation, or disability.
• Retaliation. Employees have rights in the workplace, and employers are forbidden from terminating them for exercising those rights. Employees cannot be fired for exercising their rights to take pregnancy or baby bonding leave, requesting accommodations, reporting wage and hour violations, or complaining about workplace discrimination.
• Contract breach. California is an at-will employment state; however, some written or implied employment contracts may contain provisions that require specific terms for termination. Any employer firing you outside of these terms can constitute wrongful termination.
• Breach of public policy. Employees cannot be terminated for reasons that contravene regulations and rules established by public policy.

What Isn’t Wrongful Termination

Not every job loss qualifies as wrongful termination. Understanding what does and doesn’t fall under California’s protections can help you assess your situation and decide whether you might have a claim. Some common examples of what doesn’t qualify as wrongful termination include:

• Layoffs due to company downsizing or restructuring
• Termination for poor performance or failure to meet job expectations
• Disciplinary action for violating workplace policies
• Absenteeism or excessive tardiness
• Misconduct unrelated to protected activities or characteristics
• Job elimination due to financial constraints or budget cuts
• Resignation under normal circumstances

If you’re not sure if your termination was lawful, the experienced Tustin wrongful termination attorneys at Briana Kim, PC can review your situation, explain your options, and help you take the appropriate steps to protect your rights.

Wrongful Termination Burden of Proof

If you are attempting to claim wrongful termination in California, the burden of proof lies with you. Proving wrongful termination typically requires that you demonstrate four elements:

• You were an employee of the defendant
• You were satisfactorily performing your job
• You were removed from the job
• The circumstances under which you were terminated are protected under state or federal wrongful termination laws

When filing a wrongful termination claim, you are responsible for demonstrating a preponderance of evidence. This means you must show that your claim of wrongful termination is more likely true than the defense your employer is claiming.

The Case Process in Wrongful Termination Cases

Facing a wrongful termination claim can be stressful and confusing, but knowing what to expect can help you take control of your case. At Briana Kim, PC, we guide clients through each step of the process, and those steps include:

1. Consultation. We discuss your situation with you and evaluate any potential claims
2. Investigation. We collect documents, emails, performance reviews, and witness statements to support your case
3. Filing. We submit claims with the appropriate agency or court in Orange County.
4. Negotiation or trial. We aggressively negotiate on your behalf and are prepared to go to trial if negotiations fall through

At Briana Kim, PC, we help employees in Tustin and throughout Orange County navigate their wrongful termination cases with confidence so they can pursue the compensation they deserve.

Damages and Remedies in Wrongful Termination Cases

If you’ve been wrongfully terminated in Tustin, California, the law gives you the right to seek compensation for the losses and hardships you’ve suffered. Some potential damages and remedies could include:

• Lost wages
• Lost benefits
• Emotional distress
• Reinstatement

At Briana Kim, PC, we’re dedicated to helping those who have been unfairly terminated get the compensation they deserve.

Why Hire a Wrongful Termination Lawyer With Briana Kim, PC?

Choosing the wrongful termination team that is right for your situation is vital to the outcome of your case. Not only can a strong defense team help you reach a favorable outcome for your case, but it can also help with your emotional state while you are working through the process.

Briana Kim, PC, can be the right choice for you because we are:

• Advocates. Part of our mission is to advocate for employees who have been wronged and mistreated in their workplace. We aspire to be your voice as you fight for your rights under California and federal employment law.
• Different. We are a boutique law firm with small-firm attention and big-firm resources for our clients. We believe you deserve the utmost attention and care, which we demonstrate through actions such as timely responses to your questions, preparing you for what to expect from your case, and providing updates as they become available.
• Skilled. Our team has years of experience supporting those in the City of Trees and the surrounding areas. Our vast experience means that few situations are a surprise, allowing us to form tailored defense strategies that are soundly based in law.

FAQs

Who Is Covered Under Wrongful Termination Laws in California?

Full-time, part-time, temporary, and probationary employees are covered by California’s wrongful termination laws. Section 3351 of the CA Labor Code defines an employee as anyone in the services of an employer who has a traditional employment contract or an apprenticeship.

Implied or oral contracts can be considered valid employment arrangements. Self-employed individuals or independent contractors are not covered under wrongful termination laws.

How Much Do Lawyers Charge for Wrongful Termination?

There is no specific amount you can expect a lawyer to charge for wrongful termination cases. The total cost of a wrongful termination claim will depend on several factors, including the complexity of the case, the time it takes to reach a resolution, and your location. Speaking with a local employment law attorney is the most effective way to explore the potential cost of your case.

Can I Be Fired for Any Reason in California?

Though California is an at-will employment state, and you can be fired for almost any reason, there are some prohibited reasons. Employees cannot be terminated from their positions due to protected characteristics such as gender, religion, or national origin, nor can they be fired in retaliation for exercising their employment rights. Additionally, employers cannot fire an employee by violating an employment contract or public policy.

What Is the Burden of Proof for Wrongful Termination in California?

The burden of proof for wrongful termination in California lies with the employee bringing the claim, and the employee must show a preponderance of the evidence. The employee must demonstrate that they were employed by the defendant, were satisfactorily performing their job, and were terminated from the position; furthermore, the circumstances of the termination must be protected under wrongful termination laws.

Experienced Employment Law Legal Support

In 2022 alone, more than 3,400 employment complaint cases were submitted, many of which were filed on multiple grounds. Working with a skilled employment law attorney can help ensure you file a complaint on all potential bases, including wrongful termination. If you believe your employee rights have been violated, reach out to Briana Kim, PC, to schedule a consultation.