Sacramento Wrongful Termination Lawyer

Top Rated Sacramento Wrongful Termination Attorney

Were You Fired for an Unlawful Reason?

Unfortunately, an employer’s incompetence and unfairness in hiring and firing of employees are not against the law in California. Therefore, a dismissal for no reason or insufficient reason is not necessarily an open-and-shut case of “wrongful termination.” What is illegal is the wrongful termination of a worker in violation of public policy. A Sacramento wrongful termination lawyer can help explain your rights and steps to take after being unlawfully fired.

This means that if your employer has taken action against you because you reported or resisted illegal activity, you may have a wrongful termination case and be entitled to damages. If you suspect that you lost your job because you refused to violate the law, our Sacramento wrongful termination lawyer at Fulton Law Corporation is here to be the champion you need. Based in Sacramento, we represent employees throughout the surrounding areas.

What Is Wrongful Termination?

In 2024, the most common job industries in Sacramento included health care and social assistance, employing 36,064 people, public administration, employing 32,064 people, and retail trade, employing 23,734 people.

Whether you love it or hate it, your job is where you go and what you do for a significant amount of time each week so you can earn the money you need to pay your bills and hopefully have a little leftover for fun things. You need your job and the last thing you need is to get fired from it.

California is an “at-will” state, which means that employers may terminate employees for any reason, at any time, as long as it does not violate the law. You can likewise quit whenever you wish for virtually any reason or for no reason at all. California also has a number of laws and statutes in place to protect workers from wrongful termination.

For example, an employer cannot fire an employee for discriminatory reasons such as:

• Gender
• Race
• Age
• Disability
• Refusal to commit an illegal act
• Taking part in legally-protected activities such as whistleblowing
• Filing a workers’ compensation claim
• Taking maternity leave

The employee’s contract of employment may also limit the circumstances under which they can be terminated. Employers must comply with all applicable state and federal laws when firing an employee. If these laws are violated, the employee may have grounds for a wrongful termination case.

It is correct practice to consult a wrongful termination lawyer before making any decisions about terminating employees in Sacramento, California. An experienced attorney can help work to protect your rights are protected.

Wrongful Termination Examples

Both federal and state law contain reasons why your employer cannot fire you, including the following:

• Termination because of your race, gender, ethnic background, religion, or disability
• Termination because of your sexual orientation
• Termination because you filed a legal complaint against your employer
• Termination because you became a whistleblower and told the proper authorities about wrongdoing your employer committed
• Termination because you took a medical leave
• Termination because you serve in the military

Common Law Exceptions

In addition to the above statutory reasons why your employer cannot terminate your at-will employment, three additional common law reasons, called exceptions, exist. The public policy exception prevents your employer from firing you if such termination violates a specific, well-established California public policy. For instance, your employer cannot fire you if you file a workers’ compensation claim after you suffer an on-the-job injury.

Under the implied contract exception, your employer cannot fire you if you can prove that (s)he made oral representations to you concerning your job security or that (s)he violated the company’s policy and procedure manuals when (s)he fired you. Finally, California recognizes the covenant of good faith exception. This exception means that your employer is held to a “just cause” standard when making termination and other employment decisions. For instance, (s)he cannot fire you based on malice.

Wrongful Termination Laws

Most employment relationships in California are at-will, meaning an employer may choose to discharge an employee at any time for any reason. However, there are several exceptions to this rule. Some of the exceptions include breaches of implied contracts, breaches of implied covenants of good faith and fair dealing, violations of public policy, or fraud/misrepresentation.

There are several additional grounds for wrongful termination claims in Sacramento, including:

• You lost your job because of whistleblower retaliation
• Your employer fired you for engaging in protected political activities or exercising rights under the Fair Employment and Housing Act
• You were wrongfully terminated for reporting a workplace injury or filing a workers’ compensation claim
• You were fired for exercising your rights under the California employee leave laws
• Your employer has made your working conditions so intolerable that you must resign
• Your employer failed to comply with California’s Worker Retraining and Notification (WARN) Act – requires employers to provide 60 days of notice before a mass layoff or closing/relocating a facility

If any of the above is true for you, you likely have grounds to file a case against your employer for wrongful termination. Your first course of action is to call our office to speak to wrongful attorneys in Sacramento about your rights and options.

Whistleblower Retaliation in California

In California, a person may be classified as a whistleblower if they report on unlawful activity in the workplace. An employer cannot stop an employee from reporting suspected violations of the law to a government agency, law enforcement, a supervisor or higher-up at the workplace, or any other person at work who has the authority to investigate the matter, such as the human resources department. Employees are also given protection if they provide information or testify during an investigation.

Unfortunately, it can be common for whistleblowers to experience workplace retaliation. If their boss or supervisor discovers they reported unlawful activity, they may be unlawfully punished for it. Retaliation can take many forms in the workplace, such as:

• Being called names or slurs
• Being teased or bullied
• Getting physically or sexually assaulted
• Being excluded from regular work meetings or events that you normally would have been invited to
• Being physically intimidated
• Getting threats
• Being demoted
• Having your work unfairly criticized, particularly when compared to your other coworkers
• Being ignored
• A decrease in salary
• Having your job position transferred without a valid reason
• Being fired

If you have experienced any of these adverse actions after exercising your legal rights, it’s important to contact an attorney. In 2024, there were 25 whistleblower retaliation complaints filed with California’s State Personnel Board. You and your lawyer can work together to report the unlawful acts to the Labor Commissioner’s office, located at 2031 Howe Avenue in Sacramento. You’ll have one year after the last retaliatory act to file your complaint.

California FEHA Versus Federal Law

Sacramento workers are often protected by both California’s Fair Employment and Housing Act (FEHA) and federal anti-discrimination laws, such as Title VII of the Civil Rights Act of 1964. Although both laws protect workers and prohibit workplace discrimination, harassment, and retaliation, FEHA is often more beneficial for California workers as it offers stronger protections and recovery.

To start, FEHA allows workers to pursue justice if their employer has five or more employees, whereas Title VII only protects workers in environments with fifteen or more employees. Under Title VII, employees can seek damages when they become victims of an unlawful workplace act. However, those damages are capped based on the size of the place of employment. For instance:

• Employers with more than 15 but fewer than 101 employees may have a maximum limit of $50,000.
• Employers with more than 101 but fewer than 200 employees may have a maximum limit of $100,000.
• Employers with more than 201 but fewer than 500 employees may have a maximum limit of $200,000.
• Employers with more than 500 employees may have a maximum limit of $300,000.

However, FEHA does not have the same cap as Title VII, allowing victims to pursue higher amounts of recovery.

Wrongful Termination in Relation to Medical Leave

California’s Family Rights Act (CFRA) offers further protection to workers. If you take a lawful medical leave, you cannot be fired for doing so. CFRA allows eligible workers to take up to 12 weeks of unpaid, protected job leave during a 12-month period for qualifying family and medical reasons. This can include:

• Taking care of your medical needs, including mental health needs
• Caring for a family member who is seriously ill
• Bonding with a new child, including adoption

Employers cannot interfere with your CFRA rights and cannot retaliate against you for requesting leave or taking it. If they do, it may be considered unlawful, and you can pursue action against them. If you come back from your CFRA leave and are fired soon after returning, it may count as wrongful termination.

However, it can be difficult to prove, as perpetrators often use manipulative tactics to avoid detection. Working with an employment attorney can help you pursue justice.

How a Sacramento Wrongful Termination Lawyer Can Help

A wrongful termination attorney can guide you through every stage of the legal process, including:

• Evaluating whether your termination violated California law
• Gathering employment records, communications, and witness statements
• Filing claims with the California Civil Rights Department (CRD)
• Negotiating settlements with employers or insurers
• Representing you in court if litigation is necessary

Legal guidance is particularly important because employment cases involve strict deadlines and procedural rules.

Compensation Available in Wrongful Termination Cases

Depending on the circumstances, wrongful termination claims may allow recovery of:

• Lost wages and employment benefits
• Future lost income, known as front pay
• Emotional distress damages
• Punitive damages in cases of egregious misconduct
• Attorney’s fees and litigation costs
• Reinstatement to your former position, when appropriate

The compensation available depends on the specific details and circumstances surrounding each individual case.

Why Hire a Sacramento Wrongful Termination Lawyer?

Working with a local attorney offers important advantages, including:

• Knowledge of California employment and labor laws
• Familiarity with Sacramento courts and administrative agencies
• Experience handling employer defenses and settlement negotiations
• Guidance tailored to local workplace practices and industries

Local experience can make a meaningful difference in how a claim is handled.

Listening to Your Story & Advocating for Your Rights

From the first day of your case to the last, you can receive the benefits of our skilled employment law attorney’s measured advice, zealous advocacy, and tireless dedication to your legal needs. Jeffrey D. Fulton puts his more than 20 years of experience, his proven skills, his personal service, and his track record of success on your side. Count on him and our entire legal team to listen carefully to your side of the story, exhaustively research your claim, and use the facts of your case in effective negotiations with an employer who has acted unlawfully.

FAQs

What Evidence Do I Need to Prove My Termination Was Unlawful?

You will need extensive and concrete evidence to prove that your termination was unlawful. If you do not have clear proof, it may be difficult to pursue recovery. Hold onto every bit of evidence, even if it seems insignificant. This can include a detailed timeline of events, proof of your financial and emotional losses, a copy of your termination letter, and all written communication between you and your employer.

What Is the Process of Filing a Claim With California’s Civil Rights Department?

The process of filing a claim with California’s Civil Rights Department begins with speaking with an experienced attorney about your case. You can then file an official complaint with the Civil Rights Department, which will investigate the issue. You may also choose to file your complaint with the Civil Rights Department along with a “right-to-sue” notice, which allows you to pursue the matter through court. However, if you choose this route, the Civil Rights Department won’t investigate.

How Long Do I Have to Report Workplace Discrimination in California?

In California, you have three years from the date of the last incident to report workplace discrimination to the Civil Rights Department. Unfortunately, you cannot simply file your case with your local courthouse. You must first go through the Civil Rights Department and obtain a right-to-sue notice. While three years may seem like a long time, it is important to file as early as possible. The longer you wait, the harder it can be to preserve relevant evidence.

What Should I Do if I Get Harassed After Reporting Retaliation or Other Unlawful Workplace Acts?

If you get harassed after reporting retaliation or other unlawful workplace acts, you should seek legal counsel immediately. Oftentimes, workers believe they must work with their workplace’s human resources department. However, if you feel unsafe doing so, an attorney can offer third-party legal advice about the next steps to take. Remember, your human resources department exists to protect your employer from liability. A lawyer exists to protect your rights as a California worker.

Sacramento Wrongful Termination Attorney

In situations of unlawful workplace activity, you may have legal protections against wrongful termination and retaliation. Get in touch with The Fulton Law Corporation for a wrongful termination lawyer in Sacramento. Contact us today.

Sacramento Wrongful Termination Lawyer Reviews

Sacramento Wrongful Termination Resources:

• Wrongful Termination Law in California: What You Can Recover
• California Wrongful Termination Statute of Limitations
• Discrepancy in Law Leads to Wrongful Termination
• Fired Employee Wins Settlement for Wrongful Termination
• Wrongful Termination Claim Reinstated by Appeals Court
• Circumstances That May Warrant a Wrongful Termination Claim
• Do You Have a Possible Wrongful Termination Case?
• Sexual Harassment, Wrongful Termination Suit Filed
• What Makes a Termination Wrongful?
• Can You Sue for Emotional Distress in a Workplace Discrimination Case in California?
• How Much Does an Employment Lawyer Cost in California?