Wrongful Termination Attorneys in Saratoga, CA

Yes. California is an at-will employment state, but that does not mean your employer can fire you for any reason. Terminations that violate anti-discrimination laws, are in retaliation for protected activity, breach an implied or express contract, or violate public policy are all wrongful, even if you were at-will. An at-will policy is a starting point, not a shield against illegal firings.

Deadlines depend on the type of claim. For discrimination or harassment claims under FEHA, you generally have three years from the adverse action to file a complaint with the Civil Rights Department (formerly DFEH). For breach of contract claims, the statute of limitations can be two to four years. Missing a deadline can bar your claim entirely, so it is important to consult an attorney promptly.

No. California law broadly protects employees who report illegal conduct, safety violations, discrimination, harassment, or wage violations. Firing an employee for engaging in these protected activities is unlawful retaliation. If you were terminated after making a complaint, internally or to a government agency, you may have a strong retaliation claim in addition to any underlying wrongful termination claim.

Wrongful termination damages in California can include lost wages and benefits (back pay), future lost earnings (front pay), emotional distress damages, punitive damages in cases of egregious conduct, and attorney's fees. The value of your case depends on the circumstances of your termination, your salary, and the strength of the evidence.

To prove wrongful termination in California, you generally must show that (1) you were an employee, (2) your employer terminated you, (3) a discriminatory, retaliatory, or unlawful reason was a substantial motivating factor in the decision, and (4) you suffered harm as a result. Evidence includes emails, performance reviews, witness statements, the timing of the termination relative to protected activity, and inconsistencies in the reason your employer gave. California courts use the "substantial motivating factor" standard: the illegal reason does not have to be the only reason for the termination.

Signing a severance agreement may limit your ability to sue, but it depends on the terms and how it was presented. Under the federal Older Workers Benefit Protection Act, an employee 40 or older must be given at least 21 days to consider an individual severance agreement and 7 days to revoke after signing. For a group layoff or exit incentive program, the consideration period is 45 days and the employer must disclose information about the group of employees selected. Separately, a release of FEHA claims must be knowing and voluntary, and a release of unknown claims requires an express Civil Code section 1542 waiver. If you were pressured to sign, given too little time, or the agreement did not meet these requirements, it may be unenforceable in whole or in part. Have an attorney review it before you sign.

A layoff is a termination due to business reasons, restructuring, budget cuts, or elimination of a position, not related to the employee's performance or conduct. A wrongful termination occurs when an employer fires an employee for an illegal reason, such as discrimination, retaliation, or breach of contract. However, layoffs can also be wrongful if the employer uses a "layoff" as a pretext to target employees in a protected class, to retaliate against a whistleblower, or to avoid paying earned benefits. If your position was eliminated but similarly situated employees outside your protected class were retained, that pattern may support a wrongful termination claim.

You are not legally required to have an attorney, but wrongful termination cases in California are complex and employers almost always have legal representation. An employment attorney can assess the strength of your claim, gather and preserve evidence, file a timely complaint with the Civil Rights Department (CRD) if required, and negotiate a settlement or litigate on your behalf. McLellan Law Group represents employees on a contingency fee basis: you pay nothing unless we recover for you. Given the strict deadlines (as short as three years from the adverse action under FEHA), consulting an attorney promptly protects your rights.