San Bernardino Wrongful Termination Lawyers

California firm handles cases relating to discrimination, retaliation and contract violations

Although employers in California have wide latitude to dismiss at-will employees, there are legal limits. A firing in violation of law could justify substantial damages for a claimant in a wrongful termination proceeding. The experienced attorneys of Granowitz, White & Weber in San Bernardino provide exceptional legal representation throughout California for employees who believe that their termination was illegal or for employers facing wrongful discharge claims against them. Whichever side of the case you are on, we will advise about the relevant law and help you achieve the result you seek. 

What is an at-will employee?

Most California workers are at-will employees. This means that they can be dismissed at any time, even if their employer does not provide a reason for the firing. Likewise, at-will employment permits employees to leave their job at any time. Nevertheless, employers can be held liable for wrongful termination if an illegal motivation exists for a dismissal. Usually, this occurs when someone is terminated due to unlawful discrimination or to retaliation for exercising their rights as an employee. 

What is considered wrongful termination in California? 

Notwithstanding a worker’s status as an at-will employee, there are several factors that can give rise to a wrongful termination action, including:

• Discrimination — No employer is permitted to discharge a worker based on certain personal characteristics. If you believe that you were fired because of your race, religion, age, sex, gender expression, sexual orientation, disability or another attribute protected under the law, we will review the facts to evaluate if you have a potential discrimination claim.
• Retaliation — Workers’ rights do not mean anything if employees can be dismissed for exercising them. California’s Whistleblower Law states that employers cannot take action against employees who report problems, such as fraud or safety violations, to the proper authorities. An employee also cannot be dismissed in retaliation for making a discrimination or harassment complaint, filing a workers’ compensation claim or taking time off as allowed by the Family and Medical Leave Act.
• Breach of contract — In some cases, the employer-employee relationship is governed by a contract. This agreement might be negotiated on an individual basis or might cover a whole group of employees. If a termination violates the terms of the contract, legal relief may be available. 

Whatever gives rise to the wrongful termination claim in your case, you can rely on us for knowledgeable counsel and strong advocacy. 

Filing an EEOC or state claim for wrongful termination

Initiating a wrongful termination action starts by filing a claim with the Equal Employment Opportunity Commission (EEOC), the California Civil Rights Department, the Department of Fair Employment and Housing or the California Labor Commissioner. To give yourself the best chance at obtaining a fair settlement or a decision that allows you to seek monetary damages, you should have an attorney prepare the filing. As your counsel, we will assemble the necessary documentation to support your position and help you avoid mistakes that could lead to a denial by the relevant authority. Our firm’s experience on both sides of wrongful termination actions gives clients an informed perspective on the likelihood of a successful claim. 

Potential damages in a wrongful termination case

Someone who has been fired unjustly can recover several types of damages under California law. The primary relief is usually reimbursement for income and benefits that the claimant lost as a result of their firing. The amount recoverable depends on if and when the individual secured a new job and on the compensation the new job pays. If a dismissal is shown to reduce a claimant’s overall earning capacity, that loss might also be part of a damages award. Other compensable items include attorneys’ fees and reimbursement for physical problems and emotional distress stemming from the firing. When representing victims of wrongful termination, our experienced employment lawyers identify all potential damages available and work to obtain a fair recovery. 

Contact a California attorney regarding a wrongful termination claim

Granowitz, White & Weber assists employees and businesses in cases involving wrongful termination allegations. To make an appointment for a consultation with a knowledgeable California lawyer, please call 909-890-1717 or contact us online. Our office is in San Bernardino.