Irvine Wrongful Termination Lawyer

Irvine Wrongful Termination Attorney

Every day, people are fired from their jobs for unjust reasons. If you believe you were illegally fired from your position, an Irvine wrongful termination lawyer can help you take steps towards getting justice.

At Aitken Campbell Heikaus Weaver, LLP, our team has spent decades representing the people of Irvine, Los Angeles, and Southern California in their wrongful termination cases. Our managing partner, Lindsey Aitken, is a well-respected figure in the legal community, serving on the Board of Directors for the Orange County Trial Lawyers Association.

What Is Wrongful Termination?

Wrongful termination occurs when an employee is fired from a position due to reasons that violate state or federal laws, public policy, or their contract. A 2022 survey conducted by the National Employment Law Program found that, of those who were let go from positions, 69% said it was for no reason or unfair reasons, and 75% were terminated without warning or chance to improve.

California is an at-will employment state, meaning that employers have the right to fire an employee at any time for no specified reason. This can make it difficult to prove wrongful termination occurred.

Wrongful termination cases that go to trial in Irvine are handled at the Superior Court of California, County of Orange courthouse in Santa Ana, located at 700 W Civic Center Dr, Santa Ana, CA 92701.

Types of Wrongful Termination Cases in Irvine

Before deciding to file a claim, it’s helpful to know what common grounds exist for successful wrongful termination cases. The following are a few frequent reasons for filing a claim that Aitken Campbell Heikaus Weaver, LLP, can assist you with:

Discrimination

The Fair Employment and Housing Act (FEHA) specifies protected classes that cannot be discriminated against in the hiring or firing process. Parts of your identity that are illegal to be fired for include race, sexuality, gender, religion, and physical or mental disability. Being terminated from a position for any of these parts of your identity is possible grounds for a wrongful termination claim.

Whistleblower Retaliation

California Labor Code 1102.5 protects employees against being terminated from a position based on their reports to a government or law enforcement agency. If you were fired after reporting what you believed was illegal behavior to the authorities, it could be wrongful termination.

Retaliation for Taking Family or Medical Leave

Under California law, employees who have worked at a position for more than 12 months, during which they worked at least 1,250 hours, are able to take up to 12 workweeks off for family care or medical leave. If your employer refuses your request or fires you because of it, you may be eligible for a wrongful termination claim.

Retaliation for Complaints of Harassment

The retaliation for harassment complaints is strictly prohibited by state law. This includes bringing your own complaint to notice, helping someone else report their experience, or refusing to participate in harassing behavior.

Hire a Wrongful Termination Lawyer Today

If you believe that you were fired illegally, hire a wrongful termination lawyer. The following are a few of the many ways an Irvine wrongful termination attorney from Aitken Campbell Heikaus Weaver, LLP, can help your case:

• Complaint to the CRD: Before you are allowed to file a claim against an employer for your wrongful termination, you must first submit a complaint to the California Civil Rights Department (CRD). Your attorney can guide you through this step, helping you gather the necessary evidence to start a strong case.
• File a claim: After you receive a review of your case from the CRD, you can then file a claim against your employer. Your wrongful termination lawyer can draft this claim with the relevant laws broken or breaches of contract included.
• Negotiate a settlement: Many wrongful termination cases are settled before reaching trial. Having an experienced attorney advocate for you can increase the compensation you receive.
• Representation in court: In the rare chance that your case proceeds to trial, your lawyer from Aitken Campbell Heikaus Weaver, LLP, can represent you both in and out of the courtroom.

FAQs About Irvine, CA Wrongful Termination Laws

How Long Do Wrongful Termination Claims Take in California?

How long your wrongful termination claim takes in California depends on how quickly the CRD can review your case, its complexity, and how willing your employer is to settle. A case where the CRD quickly delivers an approval to file a claim with an employer agreeing to your first settlement offer can take months, whereas a delayed CRD report and an employer wanting to go to trial can take years.

What Compensation Can You Receive in a California Wrongful Termination Claim?

The compensation you are eligible to receive in a California wrongful termination claim is based on how the wrongful action affected you. The first type of damages you may receive is based on the pure economic impact, such as back pay for lost wages and front pay for earnings you would have made. There are also emotional distress damages for the mental effect the incident had on you. In cases involving clear malice or fraud, punitive damages are available.

Is it Hard to Prove Wrongful Termination in California?

It can be difficult to prove wrongful termination cases in California, but it is not impossible. Since the state is an at-will employment state, there is more opportunity for an employer to claim that a firing had nothing to do with your previous actions or identity. An experienced wrongful termination lawyer can help you create a case that disproves that argument and exposes the unlawful action taken.

How Much Does a Wrongful Termination Lawyer Cost in Irvine?

How much your wrongful termination lawyer costs in Irvine depends on the complexity of your case and how many work hours it requires. A claim involving a wrongful party eager to settle tends to cost less than a major corporation wanting to drag out the process. Our team at Aitken Campbell Heikaus Weaver, LLP, only charges our clients if we win the case, leaving the cost concern for later.

Get in Touch With Our Irvine Wrongful Termination Lawyer

At Aitken Campbell Heikaus Weaver, LLP, our team has the knowledge and experience you can count on. Contact us today for a free consultation, where we can discuss the terms of your termination and potential legal options. We understand that each case is unique, and we tailor our services to meet the needs of our clients. We will help you hold your employer accountable.