Tustin Wrongful Termination Lawyer

Tustin Wrongful Termination Attorney

Maintaining employment is crucial for surviving in our current economic climate. 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.

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.

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 within their workplace, and employers are forbidden from terminating employees 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.

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.

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 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 under wrongful termination laws in California. 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.

It is possible for implied or oral contracts to 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 making the claim, and a preponderance of the evidence must be shown. 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.