Schlecht, Shevlin & Shoenberger—Wrongful Termination Lawyers in California Serving Riverside and San Bernardino County
Wrongful termination in California—a powerful weapon against employers
California is an “employment-at-will” state, which means an employer may terminate an employee without cause. However, employers are still susceptible to wrongful termination lawsuits if they improperly terminate an employee. If you are an employer on the wrong side of one of these lawsuits, you can pay dearly for wrongful termination. California wrongful termination lawyers at Schlecht, Shevlin & Shoenberger help you deal with termination issues, whether you are the employer or employee.
When is termination in California “wrongful”?
Generally, an employer can terminate an employee for any reason except the following:
- If the termination violates California public policy. In California, this includes policies established by statute or administrative rules, as well as acts that are perceived to be generally contrary to public welfare.
- If the termination violates an implied employment agreement. While there might not be a written employment agreement, employer representations concerning job security or other promises can give rise to an implied contract.
- If the termination violates the “good faith and fair dealings” doctrine. California courts view the employer-employee relationship as an implied covenant of good faith and fair dealing. In many ways, this expansive view of the employment relationship erodes the concept of “employment-at-will,” suggesting that an employer must have just cause before terminating an employee.
Because it is not always clear whether an employee can be terminated without cause, employers in California should consult a wrongful termination attorney at Schlecht, Shevlin & Shoenberger, a law corporation to learn how to protect themselves against a wrongful termination lawsuit. Employees who have been terminated can also benefit from Schlecht, Shevlin & Shoenberger’s advice.
What are the potential damages in a wrongful termination lawsuit in California?
- Lost earnings & the value of benefits from the date of termination until re-employment at a comparable wage rate/benefits package as the former job
- Damages for emotional distress the job loss caused
- Damages for losses caused by a downgrading of the employee’s credit rating
- Reimbursement of attorneys fees and costs if the employee’s claims are based upon a violation of the Fair Employment and Housing Act (i.e., employment discrimination) or the California Labor Code (i.e., wage & hour violations).
- Punitive damages in cases also involving employment discrimination
Clearly, there are significant financial ramifications for those involved in wrongful termination cases. Parties to a wrongful termination case need an experienced California wrongful termination lawyer.