Long Beach Wrongful Termination Lawyer

Long Beach Wrongful Termination Attorney

Losing your job can be highly disorienting, leading to serious physical, emotional, and financial challenges. However, if you have been wrongfully terminated, the situation can be even more difficult. If you believe that you have been unlawfully fired, it is critical to work with a Long Beach wrongful termination lawyer who can protect your rights. An experienced attorney from Briana Kim, PC, is here to help you secure your rights and fight for justice.

Briana Kim, PC, is dedicated to upholding employment law and has years of experience championing workers’ cases in Long Beach and the surrounding areas. We leverage our thorough understanding of California and federal employment law, along with our extensive experience fighting for workers, to implement an optimal legal strategy for each new case. Together, we can hold employers accountable and make Long Beach safer and just for workers.

Understanding Wrongful Termination in Long Beach, California

California is an “at-will” employment state. This means that both employees and employers have a default working relationship that allows either party to leave the agreement without providing an adequate reason and at any time they see fit. In other words, employees can fire employees for any reason, as long as it is not illegal. However, many terminations can be unlawful, known as wrongful termination.

Wrongful termination can take many forms, ranging from being terminated based on discriminatory grounds, including pregnancy discrimination, or in retaliation for exercising your right to take pregnancy or baby bonding or paternity leave. An experienced Long Beach wrongful termination lawyer from Briana Kim, PC, can assist you if you have been terminated for the following reasons:

• Retaliation. It is illegal for employers to fire a worker in retaliation for exercising their rights as employees. If a worker is fired for reporting unsafe working conditions (e.g., no potable water, patient-on-patient abuse), sexual harassment, wage and hour violations, or workplace discrimination, this may constitute grounds for a wrongful termination case. Therefore, if you have participated in an investigation or filed a complaint in the workplace and were fired as a result, you may have a legal case.
• Termination based on discrimination. Employers cannot terminate someone based on protected characteristics, such as religion, gender, age, race, sexual orientation, disability, national origin, or sex (e.g., pregnancy status). If you believe that you have been fired on the basis of one or more of these protected characteristics, you could have a case for wrongful termination.
• Breach of contract. Although California is an at-will state by default, a written or implied contract between an employer and an employee may set out different terms for termination. Therefore, if you were fired in violation of the terms of your working contract, you could have a potential case. While it is more difficult to prove, even a spoken promise with your employer could protect you from being fired.
• Breach of public policy. An employer cannot terminate an employee for reasons that conflict with public policy rules and regulations. Common examples include firing workers for taking time off to vote or serve on jury duty or to comply with a lawful subpoena, taking time off to participate in child related activities (e.g. finding a school to enroll your child(ren) in, participating in school activities of your child(ren)), testing positive for certain drug tests that indicate off-duty marijuana use, or refusing to comply with illegal activities (e.g. not paying your employees properly or timely).

Even if you believe that you do not have enough evidence to prove your wrongful termination case, or if you are skeptical about whether your circumstances constitute wrongful termination, it is critical to speak with experienced legal counsel. Briana Kim, PC, offers an initial consultation to go over the details of your case and ensure your workers’ rights have not been violated.

Wrongful Termination Laws

Wrongful termination laws are designed to prevent employers from firing workers for discriminatory, retaliatory, or otherwise unlawful reasons. In California, both state and federal laws provide strong protections, and those laws include:

• California’s Fair Employment and Housing Act (FEHA), which prohibits termination based on protected characteristics like race, gender, disability, religion, sexual orientation, or age
• Title VII of the Civil Rights Act of 1964, a federal law that prohibits discrimination in employment based on race, color, religion, sex, or national origin
• Americans with Disabilities Act (ADA), which protects employees with disabilities from discrimination
• Age Discrimination in Employment Act (ADEA), which safeguards workers over 40 from age-based termination
• Family and Medical Leave Act (FMLA), which protects workers who take medical or family leave
• Whistleblower laws, which prevent employers from firing workers who report illegal conduct or unsafe working conditions

The knowledgeable team at Briana Kim, PC, can review your situation, determine which laws apply to you, and take strong, strategic action to hold your employer accountable.

How to Tell if You Have Been Wrongfully Terminated

Our dedicated employment lawyer commonly notices that clients who have clearly had their rights violated through wrongful termination cases still tend to question whether their complaints are valid before coming to us. By knowing the signs of wrongful termination, you can protect your workers’ rights and those of others around you. If the following has happened to you, you may have been wrongfully terminated:

• Breach of employment policies. If your employer did not follow their termination or disciplinary policies, and you were treated unfairly compared to other workers in similar situations, this could be an indication of a breach of contract.
• Retaliation for speaking up. If you came forward and filed a complaint regarding illegal activity in the workplace, such as wage and hour violations, safety regulation violations, or harassment, and were fired shortly after that, you may have been subject to wrongful termination.
• Retaliation for asking for accommodation or leave. If you were injured (whether at work or outside of work) and needed medical accommodations, including time off or lifting/pulling/pushing weight restrictions to recover, and your employer refuses to have a good-faith, candid dialogue with you to try to provide you with what you need and instead fires you, then you may have been subject to wrongful termination.
• Severe harassment or discrimination. If you were experiencing instances of harassment or discrimination that made up a pattern based on a protected characteristic, such as race, gender, religion, or sexual orientation, and were fired shortly thereafter, this could be indicative of a greater workplace discrimination or harassment case.
• Quid pro quo harassment. If you were fired shortly after refusing or opposing sexual advances by a supervisor or someone with authority over your continued employment, then this could be indicative of a wrongful firing.
• Unexplainable termination. If you suddenly got fired without any warning or received an unclear explanation, this could be indicative that you were fired on illegal grounds.

If you believe that any of these instances could potentially apply to you, it is highly advised to consult with an experienced and skilled employment lawyer. Briana Kim, PC, is eager to work with you to discuss what happened before, during, and after your termination and help you understand your legal options moving forward.

What to Do if You Have Been Wrongfully Terminated

If you believe that you have faced wrongful termination in the California workplace, it is critical to take immediate action to ensure you can adequately build up your case and hold your employer accountable for their behavior. By following these general steps, you can create a strong case and fight to protect your rights:

• Keep thorough documentation. Collect all relevant documentation of your employment, such as ongoing communications with your employer that discuss your termination. Such documentation can also include performance reviews, online chats, emails, texts, and any disciplinary actions. If you were discriminated against or harassed in the period leading up to your termination, it is critical to have adequate documentation of those incidents.
• Ask for a written explanation. Although your employer may not legally be required to provide a written explanation for your termination, it can be used as critical evidence if they are claiming you were terminated lawfully. Therefore, it is advised to ask your employer to provide the reasons for your termination in writing.
• File a complaint. Depending on your wrongful termination case details, you may be required to file a complaint with a relevant government agency before you can pursue litigation against your employer. For instance, if your wrongful termination case includes retaliation, harassment, or discrimination, you will first need to file a complaint (by yourself or with the help of a qualified professional) with the Equal Employment
  Opportunity Commission or the California Civil Rights Department, before you can file a claim against your employer in state or federal court.
• Hire a wrongful termination lawyer. In wrongful termination cases, time is of the essence. Therefore, as soon as you believe you have been wrongfully terminated, it is critical to reach out to an experienced Long Beach wrongful termination lawyer to discuss case details and to preserve useful evidence. A lawyer from our firm can help you understand your rights, determine whether you have a legal basis for a claim, and provide thoughtful legal counsel regarding the next steps.

Generally, if you believe you have a wrongful termination case, it is critical to avoid signing legal documents with your employer or anyone in your workplace before seeking adequate legal counsel.

A qualified wrongful termination attorney can ensure your behavior does not lead to inadvertent negative consequences (e.g., waiving any legal rights in the future to file a legal claim against your employer or the employees of your employer) and can advise you on optimal steps to take to strengthen your wrongful termination case and hold your employer accountable for their actions.

How a Long Beach Wrongful Termination Attorney Helps

An experienced Long Beach wrongful termination attorney can give you the guidance, strategy, and support you need to move forward. At Briana Kim, PC, we follow a thorough process to protect your rights, and that includes:

1. A detailed consultation to evaluate your case, review employment records, and determine if your firing violated wrongful termination laws.
2. The collection of evidence, like emails, HR documents, and witness statements.
3. Depending on your case, we could file a complaint with the CRD or EEOC before pursuing a claim in state or federal court.
4. We fight for a fair settlement through negotiation to fully compensate you.
5. If your employer refuses to settle, our team can bring your case before a jury or arbitrator and advocate aggressively on your behalf.

At Briana Kim, PC, our dedicated team of Long Beach wrongful termination attorneys approaches each stage of your case with care, precision, and determination.

Filing Deadlines for Wrongful Termination Claims

Timing is everything when filing a wrongful termination claim. California law has strict deadlines that determine whether your case can move forward. In most situations involving discrimination, harassment, or retaliation under FEHA, you must file a complaint with the California Civil Rights Department within three years of your termination.

For claims under federal laws like Title VII, the ADA, or the ADEA, you generally have 180 days to file with the EEOC, or up to 300 days if a state agency like the CRD is also investigating.

Missing these deadlines can prevent you from seeking compensation or reinstatement, so it’s important to act quickly.

Compensation for Wrongful Termination in Long Beach, California

If you have been wrongfully terminated in Long Beach or the surrounding areas, you could be entitled to receive different forms of compensation, including payments for both economic and non-economic damages. Economic damages cover the tangible losses that can be tallied with receipts, invoices, and bills. Non-economic damages are more difficult to quantify, as they’re based on experiences.

Knowing the types of damages you could be entitled to can help you understand what fair compensation might look like in your situation. A successful wrongful termination claim can recover a range of damages, including:

• Back pay, which includes lost wages and benefits from the date of termination to the date of the judgment or settlement
• Front pay, which is compensation for future lost earnings when reinstatement isn’t possible
• Lost benefits, which include the value of lost health insurance, retirement contributions, or bonuses
• Emotional distress, including compensation for the stress, humiliation, or anxiety caused by the unlawful termination
• Punitive damages, which are awarded when an employer’s conduct was malicious or egregious
• Attorney’s fees and costs, which are reimbursement for legal fees and court costs

Every wrongful termination case is different, and the potential value of your claim depends on factors like your salary, lost benefits, and the seriousness of your employer’s actions. At Briana Kim, PC, our attorneys thoroughly evaluate each client’s situation to pursue the maximum compensation possible to help restore both financial security and peace of mind after an unlawful termination.

Hire a Wrongful Termination Lawyer and Fight Back

If you believe you have been unjustly terminated in Long Beach, it is critical to work with an experienced lawyer who can analyze your case and help you understand your legal options. Briana Kim, PC, is eager to work with you to build up your case, collect evidence to corroborate your side of the story, and bring your employer to justice.

Serving Long Beach and the nearby communities of Signal Hill, Lakewood, and beyond, we regularly represent employees in cases filed in the Los Angeles County Superior Court, and we’re familiar with industries that drive the Long Beach economy. Contact us today to start making your wrongful situation right.