What Makes a Termination Wrongful?

January 11, 2021

- The Law Offices of Jeannette A. Vaccaro PC

WHAT IS WRONGFUL TERMINATION?

A termination is “wrongful” when the reason is unlawful because it violates the employee’s rights under state or federal law, violates the employee’s contractual rights, or violates an important public policy. Termination is not “wrongful” simply because it is unfair. In fact, California is an “at-will” employment state, which means that either the employer or employee can end the working relationship at any time, with or without cause.

Claims for wrongful termination often arise when an employee is terminated based on the following reasons:

An employee’s protected characteristic (ex. age, race, gender, religion, disability, sexual orientation, etc.)
The employee’s report of discrimination or harassment in the workplace;
Because the employee cooperated with an internal or external investigation;
An employee’s request for medical leave for themselves or their family member;
The employee reported, resisted, or refused to engage in illegal activity;
An employee’s request for reasonable accommodations for a disability;
The employee reported unsafe working conditions;
The employee complained about the employer to a government agency;
An employee’s union activities;
In order to deprive the employee of some employment benefits (ex. fired in order to prevent the vesting of stock, payment of a bonus, etc.)

Any of these reasons would qualify a termination as wrongful, and damages may be owed. In the case of wrongful termination, the damages available include:

Economic damages, costs of finding a new job, medical expenses, etc.;
Non-economic damages, which include compensation for emotional distress;
Punitive damages are awarded against employers who have engaged in malice, oppression or fraud. Note: punitive damages are very rare and very difficult to obtain.
Attorneys’ fees can also be recovered if you win your case in Court.

A claim for wrongful termination must be brought against the employer within 2 years of the termination date.

If you think you’ve been terminated wrongfully, you may have a case against your former employer. Set up a free consultation today by calling our team today at (415) 444-5800 or visit our website.

Share This Post

What Our Client Says

When I say the best … Words can’t explain how much I appreciate Jeannette & her team so much! From the beginning she told me that she would fight for me ; and she did just that! Truly the best and I would recommend her to anyone thinking of looking for legal counsel ! As I say “Jeannette for the people because she’s truly for the people”

Client

Jeannette and her team are absolutely amazing! My wife and I are forever grateful to her.

Michael E.

Jeannette is a fantastic attorney. She listened and understood instantly where lawyers I had spoken to before did not see a viable case. Being in the dark hard spot, the one of being wrongfully terminated, retaliated for raising safety concerns and harassed & discriminated against on the basis of gender, Jeannette had the ability to pull me out and get me through. Her wisdom, skills and empathy for her clients and no-bullshit-attitude are so refreshing and uplifting. Jeannette encouraged, pushed, guided me through the ordeal no one ever should have to go through, and she did it in a thoughtful,…

Carola G.

I am so thankful to have found Jeannette! She is thorough, communicative and knowledgeable. I sincerely appreciate how much time and effort her and her team have put in my case. I have worked with other law firms and attorneys and can honestly say Jeannette truly blows everyone else out of the water. I would highly recommend her to anyone in need of her expertise.

Sara P.

Jeannette worked with me for almost three years to resolve my wrongful termination/gender discrimination case. She was always very clear, providing technical guidance and strategic advice to navigate numerous depositions, review of documentation, and options for moving forward at each stage of the case. I always felt that she really knew all of the aspects of the case, and saw the evidence in a way that helped me to understand the "why" of the situation--she was my advocate, emotional support, and stalwart representative. Her emotional IQ also allows her to be a shoulder to cry on while going through the…

Call For Free Case Evaluation

What Makes a Termination Wrongful?