PRACTICE AREAS

Wrongful Termination

Mayberry Law: Your Wrongful Termination Lawyers in California

At Mayberry Law, we understand the distress and uncertainty that comes with being wrongfully terminated. If you need a wrongful termination lawyer, our team of workplace attorneys is dedicated to protecting your rights before and after your claim.

With years of experience in employment law, Mayberry Law has a proven track record of successfully defending the rights of employees. Our team of wrongful termination lawyers is committed to providing personalized legal representation to each client, ensuring that their unique needs and circumstances are addressed.

We understand that wrongful termination not only affects your career but also your financial stability and emotional well-being. That’s why we are here to offer compassionate and effective legal assistance.

What Is Wrongful Termination in California?

Wrongful termination, also known as wrongful dismissal or unlawful termination, occurs when an employee is fired for reasons that violate state or federal laws. In California, employees are generally considered “at-will,” meaning they can be terminated at any time and for any reason, or no reason at all. However, there are critical exceptions to this rule designed to protect employees from unfair treatment.

Under California law, wrongful termination includes being fired for discriminatory reasons, retaliation for engaging in legally protected activities, or termination that violates public policy or contractual agreements. If you have been dismissed from your job under these or similar circumstances, you may have a valid wrongful termination claim.

How an Experienced Wrongful Termination Attorney Can Help

Navigating the burden of proof in a wrongful termination case requires a deep understanding of employment law and a strategic approach to gathering and presenting evidence. An experienced wrongful termination attorney can help you build a strong case, negotiate with your employer, and represent you in court if necessary.

At Mayberry Law, our attorneys are dedicated to fighting for your rights and ensuring you receive the justice you deserve. We have a proven track record of success in holding employers accountable and securing favorable outcomes for our clients.

Personalized Legal Support

We understand that wrongful termination is a deeply personal and often distressing experience. At Mayberry Law, we provide compassionate and personalized legal support tailored to your unique situation. Our attorneys take the time to listen to your story, understand your concerns, and develop a customized legal strategy that addresses your specific needs and goals.

Assertive Advocacy

Mayberry Law is known for its assertive and aggressive advocacy on behalf of our clients. We are committed to fighting for your rights and seeking justice for the wrongful actions taken against you. Our attorneys are relentless in pursuing the compensation and remedies you deserve, whether through negotiation, mediation, or litigation.

Transparent Communication

Clear and transparent communication is a cornerstone of our practice. We keep you informed at every step of the legal process, providing regular updates and explaining your options in straightforward terms. At Mayberry Law, we believe that an informed client is an empowered client, and we strive to ensure you fully understand the progress and direction of your case.

Comprehensive Legal Resources

Our firm is equipped with comprehensive legal resources to support your case. From expert witnesses to advanced legal research tools, we leverage the latest resources to build a strong and compelling case on your behalf. This commitment to excellence enables us to navigate the legal landscape effectively and achieve the best possible results for our clients.

Make a Strong Wrongful Termination Claim

Reach out to our dedicated Los Angeles wrongful termination lawyers.

Our Legal Services

At Mayberry Law, we offer a full range of legal services to support and guide you through every step of your wrongful termination case. Our dedicated team of wrongful termination lawyers is committed to providing personalized, compassionate, and effective legal representation to ensure that your rights are protected and that you achieve the best possible outcome.

We understand that facing wrongful termination can be overwhelming and financially challenging. That’s why we offer a free initial consultation to discuss your case without any financial obligation.

Thorough Case Evaluation and Strategy Development

After your initial consultation, we conduct a thorough evaluation of your case. This involves reviewing all relevant documents, gathering evidence, and interviewing witnesses to build a strong foundation for your claim.

Our attorneys will then develop a customized legal strategy tailored to your specific circumstances, ensuring that we address every aspect of your case effectively.

Filing Complaints and Legal Documentation

Proper documentation is crucial in wrongful termination cases. Our team will handle all aspects of filing complaints with the appropriate legal bodies, such as the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH).

We ensure that all necessary paperwork is accurately completed and submitted on time, minimizing delays and maximizing the strength of your case.

Representation in Negotiations and Court

Whether through negotiation or litigation, our goal is to secure the best possible outcome for you. We have extensive experience negotiating settlements with employers and their legal teams. If a fair settlement cannot be reached, we are prepared to represent you in court.

Our attorneys are skilled litigators who will advocate vigorously on your behalf, presenting a compelling case to ensure your rights are upheld.

Ongoing Support and Communication

Throughout the legal process, we maintain open and clear communication with our clients. We believe in keeping you informed and involved every step of the way.

Our attorneys are always available to answer your questions, provide updates on your case, and offer the support you need during this challenging time. Your peace of mind and confidence in our representation are our top priorities.

No Upfront Fees

We operate on a contingency fee basis, which means you pay nothing unless we win your case. This approach reflects our confidence in our ability to deliver results and our dedication to making high-quality legal representation accessible to everyone. You can pursue your wrongful termination claim without the stress of upfront legal fees, allowing you to focus on your recovery and future.

How Can I Identify Wrongful Termination? What Qualifies?

Understanding whether you have been wrongfully terminated is crucial to protecting your rights and seeking justice. Here are key indicators and qualifications for wrongful termination:

Discriminatory termination: California law prohibits employers from firing employees based on protected characteristics such as race, color, national origin, sex, gender identity, sexual orientation, religion, age, disability, marital status, and military status.
Retaliatory termination: When an employer takes adverse action against an employee for engaging in protected activities. These activities include reporting workplace harassment or discrimination, filing a complaint with a government agency, participating in an investigation, or whistleblowing.
Violation of public policy: Including firing an employee for reasons that go against fundamental societal principles. For instance, being terminated for refusing to engage in illegal activities at the request of your employer, for taking time off to vote, or for serving on a jury.
Breach of contract: If you have an employment contract that specifies the conditions under which you can be terminated, and your employer dismisses you in violation of these terms, this is considered wrongful termination. Contracts can be written, oral, or implied, and any breach of these agreements may form the basis of a wrongful termination claim.
Constructive discharge: When an employer creates or allows intolerable working conditions that force an employee to resign. These conditions can include severe harassment, significant changes in job duties, or drastic pay cuts.

California provides robust protections for employees through various laws and regulations. The California Fair Employment and Housing Act (FEHA) and federal laws like the Civil Rights Act, Americans with Disabilities Act (ADA), and the Family and Medical Leave Act (FMLA) offer safeguards against wrongful termination. Understanding these protections is essential for recognizing your rights as an employee.

Hire a Mayberry Wrongful Termination Lawyer

Don’t allow your opportunity to slip by. Reach out to our dedicated Los Angeles wrongful termination lawyers.

Call (213) 348-9169 today for a free consultation.

What Is The Burden of Proof for Wrongful Termination in California?

The burden of proof lies with the employee, meaning you need to provide sufficient evidence to support your claim that your termination was illegal. Understanding the specific requirements and types of evidence needed can help strengthen your case and increase your chances of a successful outcome.

The burden of proof in a wrongful termination case involves demonstrating that your dismissal was based on unlawful reasons. This typically requires a combination of direct and circumstantial evidence.

Employment relationship: First, you have to establish that you had an employment relationship with the employer. This can be proven through employment contracts, pay stubs, employee handbooks, or other documentation showing your employment status.

Adverse employment action: You need to show that you experienced an adverse employment action, such as termination, demotion, or significant changes in job duties. This action must have materially affected the terms and conditions of your employment.

Unlawful motive: One of the most critical elements is proving that the adverse action was taken due to an unlawful motive. This could include discrimination based on race, gender, age, disability, or other protected characteristics, or retaliation for engaging in protected activities.

Causation: You need to establish a connection between your protected activity or characteristic and the adverse action taken against you. This often means proving that you were fired soon after participating in the protected activity or showing that other employees who didn’t participate were treated better than you.

How Do You Prove Wrongful Termination?

These are the most essential types of evidence you’ll need before filing your claim:

Direct evidence: This includes explicit statements or actions by your employer indicating a discriminatory or retaliatory motive. Examples are emails, text messages, or recorded conversations where your employer makes discriminatory remarks or acknowledges the unlawful reason for your termination.
Circumstantial evidence: This includes evidence that indirectly suggests a discriminatory or retaliatory motive. Examples are patterns of behavior, such as consistently firing employees who file complaints or discrepancies in how policies are applied to different employees.
Witness testimonies: Statements from coworkers or other individuals who can corroborate your claims and provide additional context regarding your termination.
Documentation: Performance reviews, disciplinary records, and other employment documents that can show inconsistencies or sudden changes following your protected activity.

Consulting with a skilled wrongful termination lawyer can help you navigate the complexities of employment law and ensure that your rights are protected.

Key Evidence to Proving Your Claim

To effectively prove a case of wrongful termination, it is essential to gather and present compelling evidence. Here are key types of evidence that can help support your claim:

Timing of termination: If your termination occurred shortly after engaging in a protected activity or after reporting misconduct, this timing can suggest a wrongful motive.
Comparative treatment: If other employees who did not engage in protected activities were treated more favorably, this disparity can indicate discrimination or retaliation.
Employer statements: Direct comments or actions by your employer that suggest a discriminatory or retaliatory motive can serve as crucial evidence.
Performance reviews: Sudden negative performance reviews following a history of positive evaluations may suggest retaliation or discrimination.
Documented complaints: Copies of complaints or reports you made about workplace issues, such as harassment or safety violations, can support your claim.
Discrepancies in Policy Application: Evidence showing that company policies were not applied uniformly, especially if they were used to target you specifically.
Retaliatory acts: Any adverse actions taken against you following your engagement in protected activities, such as demotion, pay reduction, or undesirable reassignment.
Email and communication records: Emails, text messages, or other communications that document interactions with your employer and highlight any wrongful motives.

Collecting and organizing this evidence can significantly strengthen your wrongful termination case. Consulting with a skilled wrongful termination attorney can help you understand what evidence is most relevant and how to effectively present it.

What to Do If I’m Wrongfully Terminated?: Steps to Take

Stay calm and document everything: While it’s natural to feel upset, staying calm is essential. Begin documenting everything related to your termination. Keep detailed notes of events, including dates, times, and the names of individuals involved.
Request a termination letter: Ask your employer for a written termination letter outlining the reasons for your dismissal. This document can be critical evidence if the stated reasons are false or inconsistent with your experience.
Review your employment contract and company policies: Carefully review your employment contract, employee handbook, and any relevant company policies. Look for provisions related to termination, disciplinary procedures, and employee rights that your employer may have violated.
Gather evidence: Collect all evidence that supports your claim of wrongful termination, including communication records, HR records, and any piece of evidence that can strengthen your claim.
File a complaint with the appropriate agency: Depending on the nature of your wrongful termination, you may need to file a complaint with a government agency such as the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH).
Consult with an experienced wrongful termination lawyer: Your attorney will help you determine the best course of action based on your case’s specifics. This could involve negotiating a settlement with your employer, filing a lawsuit for damages, or pursuing other legal remedies. Understanding your options will help you make informed decisions moving forward.
Take care of your well-being: Being wrongfully terminated can be emotionally and financially draining. Ensure you take care of your mental and physical health during this time. Seek support from family, friends, or professional counselors to help you cope with the stress and uncertainty.

Get a Free Consultation with an Employment Lawyer

If you believe you have been wrongfully terminated, don’t wait. Contact Mayberry Law today to schedule your free consultation and take the first step toward securing the justice and compensation you deserve.

Call (213) 348-9169 today for a free consultation.

FAQs about Wrongful Termination Lawyer Services

Is it hard to prove wrongful termination?

Proving wrongful termination can indeed be challenging, as it requires demonstrating that your dismissal was based on illegal reasons rather than legitimate business practices. However, with the right evidence and legal support, it is possible to build a strong case.

With thorough preparation, strong evidence, and skilled legal representation, you can build a compelling case.

When can I sue for wrongful termination?

In California, you have the right to sue for wrongful termination if your dismissal violates state or federal laws, public policy, or the terms of an employment contract

You can sue your current and your former employer for wrongful termination. It’s important to act quickly, as there are strict time limits for filing such claims.

Consulting with an experienced wrongful termination lawyer can provide you with the guidance and support needed to navigate the legal process.

How to calculate compensatory damages for a wrongful termination claim?

Calculating compensatory damages for a wrongful termination claim involves assessing various factors to determine the financial and emotional impact of the termination.

These damages typically include lost wages and benefits, such as back pay from the date of termination to the settlement or court judgment, and front pay for future lost earnings if you remain unemployed or underemployed due to the wrongful termination. Additionally, compensatory damages may cover emotional distress, including stress, anxiety, and any related medical expenses.

Can a supervisor be liable for wrongful termination for breach of implied contract in California?

In California, a supervisor generally cannot be held personally liable for wrongful termination for breach of an implied contract. Liability for wrongful termination typically falls on the employer, which is the company or organization that employed the individual.

However, supervisors and other individual employees can sometimes be held liable for other related claims, such as intentional infliction of emotional distress or defamation, depending on their actions and involvement in the wrongful termination.

Can a temporary or an at-will employee sue for wrongful termination?

Yes, both temporary and at-will employees can sue for wrongful termination under certain circumstances. While at-will employment generally allows employers to terminate employees at any time and for any reason, there are important exceptions to this rule.

If the termination violates federal or state laws, such as those prohibiting discrimination, retaliation, or breaches of public policy, the employee may have grounds for a wrongful termination lawsuit.

Can I sue an employer if I was paid in cash?

Yes, you can sue an employer even if you were paid in cash. The method of payment does not exempt employers from adhering to employment laws and regulations.

How long do I have to file a wrongful termination lawsuit in California?

You have 300 days from the date of termination to file a complaint with the Equal Employment Opportunity Commission (EEOC) or one year to file a complaint with the California Department of Fair Employment and Housing (DFEH).

Before filing a lawsuit in court, you have to first file a complaint with either the EEOC or the DFEH and obtain a "Right to Sue" notice.

What is the most you can get for wrongful termination?

The compensation for a wrongful termination claim always depends. Several factors influence the amount of damages awarded, including the severity of the employer's misconduct, the financial and emotional impact on the employee, and the type of damages pursued.

California Areas Served

Mayberry Law will consider any disability or accident claim case within greater California, including the following Greater Los Angeles suburbs and nearby cities and towns.

LOS ANGELES SUBURBS SERVED

Long Beach
Anaheim
Santa Ana
Riverside
Santa Clarita
Glendale
Huntington Beach
Rancho Cucamonga
Garden Grove
Lakewood

Fullerton
Orange
Simi Valley
Murrieta
Temecula
Costa Mesa
Buenaventura City (Ventura)
Burbank
West Covina
Tustin

Corona
Chino
Santa Monica
Indio
Wesminster
Lake Forest
Alhambra
Chino Hills
Buena Park
Bellflower

SURROUNDING CITIES & TOWNS

Get Started With Your Case

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TESTIMONIALS

Client Reviews

Mayberry’s skilled team of attorneys in California is delighted to have made a positive impact in the lives of our clients. Learn about their journey from their reviews of our firm.

CeDeDan

16:16 13 Jun 23

My experience with the Mayberry Law Firm was phenomenal! They are very caring, honest, and will get the job done to the best of their ability. I highly recommend them for your legal needs!Thank you so much to this great law firm!

Sanam VQ

04:15 25 Jun 21

I don’t usually write a review unless an experience was exceptionally good or exceptionally bad. Mayberry Law is one of those firms that gives a good name to law firms and lawyers everywhere. You get all the advantages of working with a brilliant seasoned attorney, partnered with his son, a gifted Harvard Law degreed millennial. Brett has spent his long career focusing on representing people who are hurt in personal injury cases. His demeanor alone gives you a sense of security that you’re in expert hands. He is thoughtful in his approach and clear in his explanations. He doesn’t just tell you what you want to hear. He tells it like it is, no sugar coating, no sales pitch. He’s honorable and decent in a field where it’s often not the case. His younger partner, Quinn, brings a fresh and unique perspective. Together, they are really a great team. I was referred to them right after my young son had been in a car accident. Both Brett and Quinn made themselves available at the first meeting and with very little notice. They spent time explaining the process and the possible outcomes, and I felt all the fear and pressure get lifted off me. I knew I could trust them. Thankfully, everything turned out alright for my son, and I am forever grateful to the Mayberry Law firm.

Ethan Duckworth

16:15 14 May 21

Brent and Quinn are top notch attorneys with the experience , skill, and tenacity to obtain great results for their clients.I’ve known Quinn for 10+ years, and I can guarantee you won’t find an attorney with greater character and drive in the LA area.

Darren Wright

19:16 07 May 21

I felt like the attorneys at Mayberry Law actually cared about me and had my best interests at heart. They are disciplined and dedicated and worked tirelessly to make sure they represented me with excellence. If you’re looking for someone to represent your best interests with integrity and respect, look no further.

Saba Sadri

17:24 28 Apr 21

Brent and Quinn at Mayberry Law are really the best attorneys to have on your side. They’re very effective and professional and truly care about their clients. They know their stuff and are 100% the go to guys when you need a lawyer.