Long Beach Wrongful Termination Lawyer

Skilled 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 help you protect your rights. An experienced attorney from Briana Kim, PC, is here to help you secure your rights and advocate for justice.

About Briana Kim, PC – Your Long Beach Employment Attorney

Employers, especially large or wealthy ones, often seem to think they have all the power in the working relationship between themselves and their employees. They may treat employees unfairly and then try to hide behind large legal teams or vague policies to avoid answering for their wrongful actions. If you believe you were wrongfully terminated, you should know that you can stand up to your employer with the help of a strong and seasoned attorney.

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 advocating for workers, to devise and implement a strong legal strategy for each new case. Together, we can hold employers accountable and make Long Beach fairer for workers.

Understanding Wrongful Termination in Long Beach, California

For many of us, our careers are a major, defining element of our lives and who we are. Unfortunately, employment is not always as stable as it seems. As many as 40% of American workers have been laid off at least once through no fault of their own. Changing business needs, technological shifts, economic turns, and various other circumstances can lead employers to cut ties with hardworking employees.

An At-Will State

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 are unlawful, and this is 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 any of 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 determine whether or not your workers’ rights have 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
• The Americans with Disabilities Act (ADA), which protects employees with disabilities from discrimination
• The Age Discrimination in Employment Act (ADEA), which safeguards workers over 40 from age-based termination
• The 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 have 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 you 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 give yourself enough time to 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 advocate 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, such an explanation can be used as critical evidence if they are claiming you were terminated lawfully. Therefore, it is advisable 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, such as 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. As soon as you believe you have been wrongfully terminated, you should reach out to an experienced 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 counsel you on what steps to take so that 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 how 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. We begin with a detailed consultation to evaluate your case, review employment records, and determine if your firing violated wrongful termination laws.
2. The next step is the collection of evidence, like emails, HR documents, and witness statements, if they are available.
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 pursue 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 Long Beach wrongful termination attorney approaches each stage of your case with care, precision, and determination. The sooner you bring us into your case, the sooner we can begin supporting you, advocating for you, and providing you with sound legal counsel as the situation develops.

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

Each Case Is Different

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.

Some employees may feel guilty or hesitant about attempting to secure compensation from an employer after a wrongful termination. This is especially applicable if the employee worked for the company for a long time or has meaningful personal relationships with others who work there.

However, you should remember that allowing companies to continue mistreating their employees does nothing to make Long Beach a better working environment for anyone. Seeking compensation sends a strong message to employers who exploit the people working for them.

FAQs

Could It Be Wrongful Termination if My Employer Fired Me After I Announced My Pregnancy?

Yes, it is very possible that your termination under these circumstances could be considered wrongful. If your employer fired you because of your pregnancy, or if their actions suggest that they did, it is possible that you were terminated on the basis of sex, legally speaking. Contact Briana Kim, PC, to discuss the particulars of your situation and get educated insight regarding whether or not your termination may have been wrongful.

Can I Get My Job Back if I Was Wrongfully Terminated?

In some cases, employees who were wrongfully terminated can be reinstated to their positions. Many wrongfully terminated employees do not ultimately want to be reinstated, but sometimes, a regulatory body investigating a case orders the employer to offer reinstatement to the wrongfully terminated employee. An experienced wrongful termination lawyer can help.

Can I Get Punitive Damages for Wrongful Termination in Long Beach?

In some cases, if an employer’s actions were particularly egregious or done with malicious intent, an employee could be awarded punitive damages as compensation. Punitive damages are damages that exceed the employee’s losses, and they are awarded as a means to punish the employer and discourage similar behavior in the future.

How Much Does It Cost to Hire a Wrongful Termination Lawyer in Long Beach?

The cost to hire a wrongful termination lawyer can vary widely because no two wrongful termination cases are the same. Several factors affect the final cost of representation, including the complexity of your case, whether you need to file a claim in civil court, and whether the employer in question is willing to cooperate in any way. It is important to remember that hiring competent legal counsel can be the key to securing justice and compensation in these cases.

What Is Retaliation?

Retaliation in terms of workplace law is when an employer punishes an employee for reporting or otherwise calling out illegal or unethical practices in the workplace. For example, if you were being harassed at work and you were demoted, fired, or otherwise disciplined after you reported the harassment, that could be considered retaliation on the part of your employer.

I Got Fired. Now What? Hire a Wrongful Termination Lawyer

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.

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Locations

249 East Ocean Blvd, Ste 814
Long Beach, CA 90802

6 Centerpointe Dr, Ste 700,
La Palma, CA 90623