Facing Unjust Firing? Let Us Safeguard Your Legal Protections in Riverside, CA.
However, at-will rules aren’t unlimited. Employers can’t dismiss workers for motives that breach state or federal regulations. If a termination infringes on an employee’s protected rights—though such cases are specific and evidence-based—it qualifies as wrongful termination, enabling the affected individual to pursue accountability and compensation from their ex-employer.
Spotting wrongful termination can be challenging, as companies rarely admit to illegal motives. That’s why consulting our Riverside wrongful termination lawyer is essential to assess your situation and outline your options. At Winer, Burritt, Scott & Jacobs, LLP, our team has a proven track record of helping Riverside residents and others across California recover from unfair dismissals and achieve fair resolutions.
Understanding Wrongful Termination Basics
It may seem straightforward: Wrongful termination occurs when a firing breaks the law. But in an at-will state like California, this distinction matters greatly. Employees can file claims if their dismissal contravenes federal or state laws, core public policies, contractual agreements, or other legal standards. This flexibility allows for innovative legal strategies in complex cases.
While employers in California can terminate for minor or arbitrary reasons—like disliking your work style or appearance—they’re barred from illegal justifications. In essence, firings can’t stem from violations of statutes or public policy principles.
Federal and state laws strictly regulate permissible termination grounds. Discrimination based on protected traits is forbidden, including:
- Race or ethnicity
- Skin color
- Gender or sex
- Age (over 40)
- Country of origin
- Physical or mental disabilities
- Religious beliefs
- Marriage status
- Health issues
- LGBTQ+ identity
- Expectant status
Retaliatory firings are also illegal if they’re in response to employees exercising rights like:
- Reporting workplace discrimination or harassment
- Participating in official probes
- Whistleblowing on illegal company practices
- Flagging safety hazards
- Seeking FMLA-qualified time off
- Pursuing legitimate workers’ comp benefits
In these situations, victims can sue for wrongful termination, potentially recovering lost wages, emotional distress damages, and more.
Public policy violations offer another avenue for claims, even without direct statutory breaches. Examples include dismissals for:
- Declining to engage in unlawful or immoral acts
- Alerting authorities to employer misconduct
- Fulfilling legal duties (e.g., jury service)
- Invoking protected rights (e.g., voting time off)
Less commonly, claims arise from breaches of explicit or implied contracts. Explicit contracts might limit terminations to “good cause,” requiring proof of valid grounds. Implied contracts—based on company policies, assurances, or conduct—demand detailed evidence to establish and enforce.
Navigating these nuances requires expert legal insight. Our Riverside wrongful termination attorneys specialize in building strong cases to hold employers accountable.
Frequent Reasons for Illegal Termination
Despite California’s at-will framework, numerous statutes protect workers from unjust firings. The cornerstone is the Fair Employment and Housing Act (FEHA), which applies to businesses with five or more staff and prohibits terminations rooted in bias or pretext.
Discrimination remains a top allegation in wrongful termination suits. FEHA and related laws (e.g., ADA, FMLA, Title VII, CFRA) ban adverse actions based on:
- Age (40+)
- Racial background, color, ancestry, or national origin
- Faith or creed
- Disabilities (physical/mental)
- Pregnancy-related needs
- Family/medical leave usage
- Genetic data
- Marital or family status
- Gender, including identity and expression
- Sexual orientation
- Veteran or military service
Beyond outright firings, employers can’t create intolerable conditions leading to “constructive discharge”—forcing quits through hostility—or retaliate for:
- Raising concerns about pay disputes, overtime denials, or labor violations
- Complaining about unsafe environments
- Opposing discriminatory practices
Proving pretext (a fake lawful reason masking an illegal one) is tough but achievable with skilled representation. Our firm has successfully challenged such defenses, leveraging evidence like emails, witness statements, and performance records to expose true motives.
For enhanced trust and authority, note that our attorneys have decades of combined experience in employment law, with a focus on Riverside County courts and local EEOC/CRD filings. We’ve helped hundreds of clients navigate these claims, often securing settlements without trial.
Deeper Dive into Public Policy Violations
Wrongful terminations aren’t always tied to explicit laws; some stem from actions clashing with societal values. Public policy claims address firings that undermine broad principles of equity and legality, even if not directly statutory.
California courts evaluate these using key criteria:
- The policy must draw from constitutions or statutes
- It should advance public good, not just personal gain
- The policy was firmly established pre-termination
- It’s core to societal interests
For instance, dismissing someone for rejecting illegal tasks (e.g., falsifying records) or reporting violations could qualify. If such a refusal significantly influenced the firing, a claim may hold.
These cases hinge on facts and legal precedents. Employers might cite at-will rights with neutral excuses, but a thorough investigation can reveal inconsistencies. In Riverside, where industries like logistics and healthcare see frequent disputes, our lawyers use local knowledge to strengthen arguments.
Statute of Limitations for Wrongful Termination in California Explained
In California, the statute of limitations for filing a wrongful termination claim depends on the legal basis of your claim. Here’s a breakdown:
1. Discrimination or Harassment-Based Termination (FEHA – California Fair Employment and Housing Act)
- Deadline: You have 3 years from the date of termination to file a complaint with the California Civil Rights Department (CRD) (formerly the DFEH).
- After receiving a Right to Sue letter, you then have 1 year to file a lawsuit in civil court.
2. Federal Discrimination Claims (Title VII, ADA, ADEA, etc.)
- Deadline: You must file with the EEOC (Equal Employment Opportunity Commission) within 180 days, or 300 days if the claim is also covered by state law (which it typically is in California).
- After receiving a Right to Sue notice from the EEOC, you have 90 days to file in federal court.
3. Retaliation or Whistleblower Claims (Labor Code 1102.5, etc.)
- Deadline: Typically, 3 years from the date of termination to file a lawsuit.
4. Breach of Contract / Implied Contract Claims
- Written contract: 4 years
- Oral or implied contract: 2 years
5. Violation of Public Policy (Tameny claim)
- Deadline: Generally 2 years from the date of termination.
These timelines can be complex, especially if multiple claims apply. It’s strongly recommended that terminated employees consult our Riverside wrongful termination lawyer as soon as possible to avoid missing critical deadlines.
Wrongful Termination by the Numbers
Recent data underscores the prevalence of wrongful termination and related employment discrimination in California, highlighting the need for vigilant legal protection. In 2023, the California Civil Rights Department (CRD) received nearly 30,000 civil rights intake forms statewide, including over 14,900 right-to-sue requests specifically for employment cases. Retaliation remains a top issue, often linked to wrongful terminations, with common bases including disability (over 2,000 cases), race (1,322 cases), and sex/gender (1,351 cases).
The CRD secured $116.5 million in monetary relief through 788 settlements that year. Locally, Riverside County workers filed 146 employment complaints and 477 right-to-sue requests, representing about 3% of the state’s employment-related filings and reflecting the region’s workplace challenges in industries like logistics and healthcare. Nationally, the EEOC reported 88,531 new discrimination charges in fiscal year 2024, a 9% increase from the prior year, with California consistently ranking among the top states for such filings. These trends emphasize why early consultation with a specialized wrongful termination attorney is crucial for Riverside employees.
Why Riverside Workers Need Specialized Representation
Riverside County, as a key part of California’s Inland Empire, boasts a dynamic economy driven by major industries such as logistics, healthcare, education, and retail. With distribution centers from giants like Amazon and UPS fueling the logistics boom, and healthcare providers like Riverside University Health System employing thousands, these sectors contribute significantly to the region’s growth. However, high turnover rates in logistics—often exceeding 50% annually—and regulatory pressures in healthcare, including strict compliance with OSHA and HIPAA, can lead to increased workplace disputes. Employees in these fields frequently face issues like retaliation for reporting unsafe conditions, denial of medical leave, or discriminatory firings amid cost-cutting measures.
Riverside’s bustling logistics hubs and healthcare facilities are vital to the Inland Empire, but they can also be hotspots for workplace disputes. From warehouse workers facing retaliation for reporting safety violations to nurses denied rightful leave, our attorneys understand the unique challenges Riverside employees face. At Winer, Burritt, Scott & Jacobs, LLP, we tailor our approach to these local realities, leveraging knowledge of Riverside’s job market to build compelling cases that resonate in county courts.
Frequently Asked Questions
Can I sue if I was forced to quit?
Yes, if your employer created intolerable conditions (constructive discharge), you may have a claim. For example, persistent harassment or retaliation could qualify.
What types of evidence help prove a wrongful termination case?
Emails, text messages, performance reviews, witness statements, and records of complaints or HR reports can all help support your claim. The more documentation you have, the stronger your case.
Is it still wrongful termination if I was fired “at-will”?
Yes. Even though California is an at-will employment state, employers cannot terminate employees for illegal reasons such as discrimination, retaliation, or in violation of an employment contract or public policy.
What damages can I recover in a wrongful termination lawsuit?
You may be entitled to compensation for lost wages, emotional distress, punitive damages, and potentially reinstatement of your job, depending on the circumstances of the case.
Can I file a wrongful termination claim if I was laid off?
It depends. Layoffs due to company downsizing are generally legal, but if you were selected for layoff based on age, race, gender, or other protected characteristics, it may be wrongful termination.
What should I do if I think I’ve been wrongfully terminated?
Document everything, gather any written communication or employment records, and speak with an employment discrimination attorney as soon as possible to evaluate your case and preserve legal deadlines.
Are whistleblowers protected from termination in California?
Yes. California law protects employees who report illegal or unsafe activity from being fired. Termination after whistleblowing is often grounds for a wrongful termination and retaliation claim.
Reach Out to our Riverside Wrongful Termination Lawyer Today
If you’ve been unfairly let go in Riverside or nearby, don’t navigate this alone. Wrongful termination involves intricate federal and state rules, from FEHA to Title VII. Our experienced Riverside wrongful termination lawyers can uncover violations and maximize your recovery.
At Winer, Burritt, Scott & Jacobs, LLP, we excel in these high-stakes cases, empowering clients against powerful opponents. Contact us today at (866) 939-2588 or fill out our online form.
When injustice strikes, we set it straight. Book your free consultation today. We serve California exclusively.