Updated: Nov 24, 2022
Discover Some Example of a Wrongful Termination in California, from Couple in That Sues Investors, Owners, And Property Managers—And Won
There are countless stories of the California Jury awarding compensation to wrongfully terminated employees. One of these wrongful termination cases is of husband and wife Albert and Stephanie Garcia vs Gresham Apartment Investors, owners of a Canoga Park, and their property managers. The husband and wife plaintiffs file claims of discrimination and wrongful termination.
What had happened was that Mr Garcia requested time off and accommodations upon getting diagnosed with thyroid cancer. However, he was fired upon making the request. The couple also alleged that they had no choice but to leave their rent-free apartment, which was part of their compensation.
In the end, the jury sided with the couple, leading to a total verdict of $7,633,650. Albert Garcia was awarded $2.35 million for lost wages and emotional distress and $4 million in punitive damages. Stephanie Garcia received $30,725 in compensatory damages and $1.25 million in punitive damages.
When Can You File Claims For Wrongful Termination In California?
Wrongful termination is when you've been fired for illegal reasons. The basis of these is from both federal and state laws.
Here are some other common examples of a California Wrongful Termination:
Discrimination-Motivated Wrongful Termination
Wrongful termination in California occurs when an employer terminates an employee's job for discrimination or illegal grounds.
The Fair Employment and Housing Act (FEHA) and the California Labor Code are two laws that prohibit employment discrimination or termination based on protected characteristics like age, race, disability, pregnancy, sex, religion, national origin, ancestry, sexual orientation, marital status, and so on.
Employers must also accommodate you if you have a physical or mental disability to allow you to perform essential job functions, provide reasonable accommodations for pregnancy, and provide a maximum of four months of leave for pregnancy, childbirth, or a related medical condition.
You should not be fired for asking for appropriate accommodations or time off. However, if you were fired for any of the reasons above, contact a California wrongful termination attorney ASAP.
Retaliation-Motivated Wrongful Termination
Retaliation is prohibited under the FEHA, federal anti-discrimination statutes, and whistleblower laws. Therefore, your employer cannot fire you or retaliate against you for engaging in a protected activity, such as reporting harassment, sexual harassment, or discrimination to human resources or filing a lawsuit under the FEHA.
In California, you could also experience wrongful constructive termination, where you weren't fired but were forced to quit. This happens when you're experiencing a hostile work environment where any reasonable employee couldn't properly perform their job.
If you believe you were fired for one of the reasons listed above, contact a California wrongful termination lawyer to help you file claims.
Wrongful Termination In Violation of Public Policy
If you are fired in breach of your contract, public policy, or the law in California, you can file a wrongful termination claim. For example, if you've been fired because you refused to lie to the IRS to benefit your employer, you have enough grounds to file claims with a Wrongful Termination Attorneys in California.
You may be able to obtain damages if you can prove liability in a wrongful termination action. Damages are determined by the statute under which you filed your claim. Loss of income, benefits, back pay, front pay, compensatory damages for emotional anguish, and attorneys' costs are common types of damages. Punitive damages might be available if an employer's transgression is extreme.
Of course, this will depend on your case and the proof you can show. So, make sure to work closely with your Los Angeles wrongful termination lawyer to build a solid case.
Find An California Employment Lawyer for Wrongful Termination
If you've experienced wrongful termination, you need to act ASAP. Hire a wrongful termination lawyer near you!
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