Shanberg Stafford LLP

Do You Have A Case? Need Answers? Call 866-902-0497

Shanberg Stafford LLP
866-902-0497

ASSERTIVE LEGAL COUNSEL FOR BUSINESSES AND WORKERS ACROSS CALIFORNIA, WASHINGTON, AND THE UNITED STATES.

Seeking Justice In Wrongful Termination Cases

While California is an “at will” state that allows employers to fire employees for almost any reason or no reason at all, employees cannot be fired for an unlawful reason or for exercising their legal rights under the law. At Shanberg Stafford LLP, our wrongful termination lawyers can help protect your rights in California, Washington, Colorado or anywhere in the country.

Do I Have A Wrongful Termination Case?

  • Are you a victim of sexual harassment, pregnancy discrimination or some other form of discrimination at work?
  • Were you fired in retaliation for reporting sexual harassment, discrimination or for complaining about a hostile work environment?
  • Were you fired as a result of suffering from a serious medical condition or physical or mental disability?

At Shanberg Stafford LLP, located in Newport Beach, California, our wrongful termination attorneys represent the victims of sexual harassment and other forms of employment discrimination and wrongful termination. Our wrongful termination lawyers have significant experience in this area of the law and know how to help.

Our lawyers also take on other employment law cases, including:

  • Sexual harassment
  • Discrimination based on protected characteristics (i.e., race, gender, age, pregnancy, religion, national origin, etc.)
  • Discrimination based on physical or mental disability or medical condition
  • Wage and hour disputes
  • Employee leave and benefits

What Makes A Firing “Wrongful” In An At-Will State?

While at-will employment allows an employer to terminate an employee for many reasons, it does not permit discrimination or retaliation. Under California and Washington law, a termination is unlawful if it is based on:

  • Protected characteristics such as your race, sex, pregnancy, age, disability, religion or national origin.
  • Protected activities such as reporting harassment, requesting unpaid wages, taking medical leave or seeking a disability accommodation.
  • Whistleblowing about conduct that the law forbids.

In California, a discrimination claim can be filed with the California Civil Rights Department (CRD) or with the U.S. Equal Employment Opportunity Commission (EEOC). State law is often interpreted more generously toward employees than federal law, especially claims of sexual harassment or disability discrimination. For example, California’s anti-discrimination law covers some employers who are too small to be protected by federal law.

Available Remedies For Wrongful Termination

Depending on the facts of your case, a lawyer can help you pursue several types of damages:

  • Back pay, or lost wages and benefits from the date of your firing
  • Reinstatement of your previous job
  • Front pay, or future lost wages if reinstatement is not a practical option
  • Damages for emotional distress
  • Punitive damages
  • Legal fees and costs

A resolution may also include non-monetary relief, such as a neutral reference or changes to company policy.

A wrongful termination claim may proceed through a government agency, arbitration or court, with many cases using mediation to find a resolution. Our lawyers will review your situation, explain your options and work to achieve a positive outcome for you.

Signing Certain Documents May Affect Your Case

Certain documents you sign before, during or after your employment can change where and how your claim proceeds. This includes:

  • Severance agreements: These offers typically exchange money for a release of your legal claims after you are fired or laid off. These often include clauses that waive your right to sue. Workers age 40 or older have special federal protections, including time to review the offer. Our attorneys can help you negotiate better terms, such as a higher payment or a neutral reference.
  • Nondisclosure agreements (NDAs) and nondisparagement: California and Washington both limit clauses that try to silence victims of discrimination, harassment or retaliation. While it can limit what you say publicly, an NDA cannot stop you from cooperating with a government investigation.
  • Arbitration clauses: This forces your claim into a private forum instead of a public court. While arbitration can be faster, your appeal rights are very limited. Our lawyers can evaluate the clause to see if it is enforceable and advise on the best strategy for that forum.

Additionally, while an employee handbook is generally not considered a legal contract, employers may be held accountable for what is in the handbook or for not having stated policies in place.

If you received a severance offer or have questions about an NDA or arbitration clause, let us review it before you sign. Our experienced lawyers can explain the terms and your rights, as well as help you negotiate a more favorable agreement. At Shanberg Stafford LLP, we also counsel employers on creating compliant agreements.

What To Do If You Suspect You Were Wrongfully Terminated

Your priority is to preserve evidence and protect your rights. If possible, try to:

  • Write a detailed timeline of events, including dates, names and key conversations
  • Save all relevant emails, texts, chat messages and performance notes
  • Download or photograph pay stubs, schedules, time cards and benefits information
  • Keep copies of any disciplinary letters, leave requests or accommodation paperwork

You should also try to request your records in writing. California employees can ask for their personnel file and payroll records. Employees in Washington can request their personnel records. Keep a copy of your request.

It is also crucial to avoid certain actions. Do not sign a severance agreement or release without legal review. Avoid posting about your situation on social media or arguing with former coworkers. Instead, bring your termination letter, performance reviews and any other relevant documents to our attorneys at Shanberg Stafford LLP. We can review them and guide you through your next steps.

Representing Employers In Discrimination Claims

Shanberg Stafford LLP, also represents employers in discrimination, harassment and retaliation claims brought before the EEOC and the CRD. These and other claims, including wage and hour disputes, often occur when employers are simply unaware of their responsibilities to employees.

Contact Us Today To Discuss Your Claim

To learn how we can help you, please contact Shanberg Stafford LLP, wrongful termination attorneys by email or at 866-902-0497.