Oakland Wrongful Termination Lawyers

California laws protect the rights of employees to have fair access to get and retain a job. Unfortunately, some employers do not adhere to the law, and employees are wrongfully terminated from their jobs. A wrongful termination is a difficult experience that can stir up feelings of anger, confusion, and distress. You may also be wondering if you can claim some compensation from your employer for your wrongful termination. 

Wrongful termination lawsuits involve a complicated mix of federal, state, and local laws, each with its own strict filing processes and deadlines. At King & Siegel LLP, we are experienced Oakland wrongful termination lawyers who know how to navigate all levels and processes of wrongful termination claims. We are passionate about protecting employee rights and are not afraid to be aggressive if necessary. To give you more insight into wrongful termination lawsuits in California, the knowledgeable attorneys at King & Siegel LLP compiled a list of common questions and information.

What Is At-Will Employment?

You may have heard the term “at-will employee” when you were hired by your employer. This means your employment is for an indefinite amount of time, and either you or the employer can terminate your employment at any time for any reason. However, employers must still follow federal, state, and local laws that protect an employee’s right to work in a safe, non-hostile environment free from discrimination. 

Being Terminated as Retaliation for a Legally Protected Act

Employees are protected from retaliation by many California laws. You are allowed to report sexual harassment, unsafe working conditions, illegal behavior, and hostile work environments without the fear of losing your job. You also cannot be penalized for exercising your rights to file a workers’ compensation claim or take accrued sick leave. Additionally, employees are allowed to talk about their salaries to each other and not face termination. 

Termination may also be wrongful under the California Labor Code if you are fired in retaliation for:

• Participating in jury duty, 
• Testifying in a trial pursuant to a subpoena, or
• Taking time off to seek treatment or legal protection after being the victim of a crime.

If you have been wrongfully terminated in retaliation for engaging in protected activity, talk to an experienced attorney at King & Siegel to learn if you have grounds for a wrongful termination claim. 

 
 
 
 
 
 
 
  
 
 
  
I don't have words to thank you the king and Siegel team worked so hard on my case during the pandemic and I am so grateful and proud of my outcome with them. They are reasonable and reliable. Those you can trust .. everytime I had a question they would answer it I recommend them 100 percent.. am so thankful for the team .. my worries and stress are over .. a huge weight over my shoulder was lifted and was able to help my family during this hard time thank you so much king and Siegel team..
  
 
 
 
  
 
 
 Vanessa Ponce 
 
March 8, 2022
 
 
 
  
 
 
  
I was really nervous about hiring a lawyer but Julian and everyone in her office made the process as stress-free as it could be. She is kind, reassuring and confident and that helps make the process feel less scary. she also knows what kinds of outcomes are reasonable and will explain in detail why, and has a plan to get there. I cannot recommend her more highly.
  
 
 
 
  
 
 
 Ines Martinez 
 
March 8, 2022
 
 
 
  
 
 
  
I had the pleasure of being represented by this wonderful office and their attorneys! They were very quick about answering any questions and most times explained things so well that my questions were answered before I got the chance to ask them. I had an amazing experience, everyone is kind and very attentive to your wants and needs. A case can be very stressful and they did a great job at keeping me sane and comfortable through the entire process. I recommend them 100%.
  
 
 
 
  
 
 
 Adrianna Sells 
 
October 25, 2021
 
 
 
  
 
 
  
This in an incredibly professional and responsive firm. There was an ease about getting initial information, scheduling, and working with their talented team. While I found it to be true of everyone that I encountered here, it was Julian Burns King that really went above and beyond. Her expertise, experience, and knowledge of employment law and its many facets coupled with her empathy and compassion for her clients, is truly one of a kind. I would absolutely recommend King & Siegel to anyone in need of legal advice or representation.
  
 
 
 
  
 
 
 Jeri Mares 
 
October 12, 2021
 
 
 
  
 
 
  
Everyone at this firm was so helpful, supportive, and nice. The settlement I got changed my life and working with them was as good as a lawsuit could possibly be. I am so glad I found them for my wrongful termination suit.
  
 
 
 
  
 
 
 Evelyn A 
 
September 25, 2021
 
 
 
  
 
 
  
I’m glad I trusted the team of King & Seigel to handle my case they are the definition of professionalism. They were honest and very upfront with the process and kept me informed every step of the way not to mention I’m more than happy with the results. Thank you again to the team of King and Seigel.
  
 
 
 
  
 
 
 Ramon Rodriguez 
 
December 9, 2020
 
 
 
  
 
 
  
Julian & Elliot are very good lawyers and I am glad I trusted them with my case. When I hired attorneys, I didn't know what to look for, but I am glad I found them. They were always attentive to my case and I never felt lost even though I did not have any prior experience with litigation. Ultimately, they got a result I was happy with and I am so glad I had them to help me put this experience behind me. You would be lucky to have them in your corner.
  
 
 
 
  
 
 
 Ryan J 
 
August 5, 2020
 
 
 
  
 
 
  
I would like to thank this amazing duo and their staff for taking care of my friend and I. They were patient and polite, very prompt, and always professional! Thank you all so much! 💜
  
 
 
 
  
 
 
 Yanni Boo 
 
July 15, 2020
 
 
 
  
 
 
 
 
   
 
 

Types of Discrimination That Can Be Cited in Wrongful Termination Claims 

Termination is also wrongful if it is discriminatory. California’s Fair Employment and Housing Act (FEHA) prohibits employers with five or more employees from terminating an employee based on their:

• Race, 
• Religion, 
• National origin,
• Physical or mental disability, 
• Medical condition, 
• Sex,
• Age, 
• Sexual orientation, 
• Gender identity,
• Pregnancy, and
• Veteran status.

For the best analysis of your situation, call and talk to one of the Oakland wrongful termination lawyers at King & Siegel LLP.

Are There Exceptions to Discrimination?

The FEHA contains limited exceptions that are not considered discriminatory acts. For example, if you become physically or mentally disabled and can no longer perform the duties of the job, employers can legally disqualify you from the position due to your disability and not be liable. An attorney can help you determine whether a valid exception applies to your situation.

I Had an Employment Agreement; Can I Sue?

Yes, labor laws allow employees who have an employment agreement to sue the employer if the employer wrongfully terminates the agreement. For example, if an employer terminates a three-year employment agreement after one year, the employee may have grounds to file a wrongful termination suit.

Do Employers Have to Notify Me About a Layoff?

California laws require employers to provide notice of a layoff in limited circumstances. An employer who had more than 75 employees during the last 12 months must provide their employees with 60 days’ notice before the date of a: 

• Mass layoff, meaning a 50% workforce reduction in 30 days or less;
• Relocation to a new facility that is 100 miles or more away from the current location; or
• Termination due to the facility being shut down.

Talk to an experienced wrongful termination lawyer in Oakland to review whether your employer violated your right to notice. 

Should I File a Lawsuit or a Claim with a Government Agency?

Depending on the laws that support your wrongful termination lawsuit, you may be required to file a claim with a state agency, such as a retaliation or equal pay act claim with the Department of Industrial Relations, before you can proceed with a civil lawsuit. The filing deadlines are often shorter than the limitations on civil suits. It is imperative to work with knowledgeable Oakland wrongful termination attorneys to ensure you follow all necessary procedures. 

How Will I Be Compensated in a Wrongful Termination Lawsuit? 

The events leading up to your termination will determine the exact types of compensation that you can recover. However, employees can usually receive the following remedies:

• Being reinstated to their position,
• Recovering lost wages for the termination period, and
• Receiving the amount of lost work benefits during the termination. 

An employer who violates the FEHA may also be liable for a fine of up to $25,000.

Contact Us for a Free Consultation

Wrongful termination lawsuits are complicated because they involve federal, state, and local laws. Having an experienced wrongful termination attorney in Oakland will help you better understand the process and ensure you follow the proper laws and procedures. Our compassionate, trustworthy attorneys at King & Siegel LLP have recovered tens of millions of dollars for past clients. Let us help you fight for your rights. Call soon to schedule a free consultation.