Wrongful Termination Claims Against Employers in Santa Rosa, CA

Remaining informed and taking proactive action related to wrongful termination law is paramount for California business owners and employers. Not only do preventative policies and actions safeguard your company from legal pitfalls, but they also foster a fair and productive work environment where your relationship with your employees can thrive. 

Our employment and labor law lawyers at Smith Dollar understands the complexities and repercussions of wrongful termination claims and lawsuits against California employers. We are here to help you navigate these matters and disputes with experienced and strategic advice, guidance, and representation. 

Discuss your legal needs with a Santa Rosa wrongful termination lawyer in a free initial consultation. Contact Smith Dollar online or call a team member at (707) 405-7391. 

Overview of Wrongful Termination in California

California's laws are particularly stringent when it comes to ensuring employees are not wrongfully terminated. Laws related to wrongful termination include state-specific statutes and federal laws, which need thorough understanding and compliance.

These laws include: 

• The Fair Employment and Housing Act (FEHA): This act prohibits harassment and discrimination in employment based on a protected category. Under FEHA, it is unlawful for an employer to terminate an employee due to attributes like race, gender, disability, religion, and more.
• The California Family Rights Act (CFRA): CFRA allows eligible employees to take protected leave for personal or family health issues, and firing someone for taking this leave can constitute wrongful termination.
• The California Whistleblower Protection Act: This law protects employees who report violations of state or federal laws; if an employee is fired for whistleblowing, it may be considered an act of retaliation and thus wrongful termination.
• Labor Code Section 1102.5: It is one of California's primary whistleblower protection laws; it makes it illegal to fire or discriminate against an employee for disclosing information to a government or law enforcement agency where the employee reasonably believes that an employer has violated a state or federal statute.
• The Worker Adjustment and Retraining Notification (WARN) Act: Requires employers to provide notice 60 days in advance of covered plant closings and covered mass layoffs. Failure to do so may lead to wrongful termination litigation.
• Public policy: In addition to statutory protections, California recognizes wrongful termination claims based on violations of public policy, such as firing an employee for refusing to participate in illegal activity.
• Implied contract exceptions: If an employee has an implied contract that they will not be fired without cause and a termination occurs outside of these guidelines, it may be wrongful.

The legal consequences and remedies of a wrongful termination claim or lawsuit for employers include compensatory damages for an employee’s lost wages, benefits, emotional distress, and sometimes punitive damages. Businesses can also be forced to bear the cost of attorney fees. 

Advocating for Employers Against for Wrongful Termination Claims

Employees can bring claims of wrongful termination on several grounds, depending on the circumstances of the case.

The most common grounds include:

• Discrimination: It's illegal to terminate someone based on race, gender identity, sexual orientation, religion, national origin, age (40 and older), medical condition, disability, or pregnancy.
• Retaliation: This involves firing an employee for engaging in legally protected activities, such as filing a claim of harassment or reporting a violation of the law (whistleblowing).
• Breach of contract: Some employees have contracts that outline specific conditions under which they can be fired. An unlawful termination in violation of these terms can result in a claim.

Preventing Wrongful Termination Claims

Wrongful termination disputes and claims can be costly and damage your business reputation. Implementing policies and procedures that adhere to state and federal employment law is essential to avoid this. These policies can be tailored to your business; Smith Dollar brings practical experience to help companies in all industries and sizes create employee handbooks, provide employee training, and oversee employment contracts. 

Key protective measures can include:

• Enforce fair hiring and firing practices that comply with all relevant laws and regulations.
• Maintain meticulous employee records documenting performance issues and other problems that might justify a termination.
• Clarify role descriptions and performance expectations from the onset to prevent misunderstandings.
• Regular performance evaluations can help identify areas of improvement and assist in making objective employment decisions.

Employer Best Practices for Handling Wrongful Termination Claims

Creating a supportive workplace culture that values transparency can significantly reduce the chances of wrongful termination claims. Effective dispute resolution mechanisms can resolve issues before they escalate. 

Moreover, when facing potential claims, we strongly urge you to consult with legal professionals at Smith Dollar to ensure your business takes the appropriate steps.

Put a Proven Legal Team to Work for Your Business

While employment relationships can change, ensuring firings are conducted lawfully is crucial for every California business owner. You can minimize the risk of wrongful dismissal claims by understanding and following state and federal wrongful termination laws, maintaining fair practices, and creating a respectful workplace environment. 

Should you face a wrongful termination dispute or need help establishing preventative measures, the attorneys at Smith Dollar are well-equipped to provide guidance and support.

Reach us on our contact form or call (707) 405-7391 to consult with an employer-focused wrongful termination attorney in Santa Rosa today.