Wrongful termination lawyer for California, Nevada, and Washington employees
Fired, and you suspect the reason you were given is not the real one? Freiman Legal represents employees in wrongful termination cases in California, Nevada, and Washington. You deal with the lawyer who will try your case from the first call. Call (310) 917-1004 or email lawrence@freimanlegal.com for a free consultation.
When a firing is illegal
Most employment is at will, which means an employer can let you go for a good reason, a bad reason, or no reason at all. A firing becomes wrongful when the reason is one the law forbids, or when it breaks a contract. The common illegal reasons:
- A protected trait. Race, sex, age, disability, pregnancy, religion, national origin, sexual orientation, gender identity, and the other categories state and federal law protect.
- Retaliation. You complained about harassment, discrimination, unpaid wages, or unsafe conditions, or you reported something you reasonably believed was illegal, and the firing followed.
- Taking leave. You were fired while out on protected medical, family, or pregnancy leave, or soon after you asked for it.
- Refusing to break the law. You would not falsify a record, ignore a safety rule, or go along with something illegal, and you were shown the door.
- Breach of contract. A written agreement, or in some cases an employer's own policies and promises, limited the reasons you could be let go.
Employers rarely say the real reason out loud. They say performance, restructuring, or attitude. The case is built by showing that the stated reason does not hold up and the timing, the comparisons to other employees, and the documents point somewhere else.
Who is covered
- California. The Fair Employment and Housing Act applies to employers with five or more employees, and its harassment provisions reach every employer. The whistleblower statute and most wage laws apply regardless of size.
- Nevada. Nevada's discrimination law covers race, color, sex, sexual orientation, gender identity or expression, age, disability, religion, and national origin, and complaints go to the Nevada Equal Rights Commission.
- Washington. The Washington Law Against Discrimination forbids discharge because of age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, veteran or military status, or disability.
- Federal law. Title VII covers employers with 15 or more employees. The federal age discrimination law covers employers with 20 or more.
What you can recover
Lost wages and benefits from the firing forward, the earnings gap if your next job pays less, damages for emotional distress, and in the right case punitive damages. The discrimination and whistleblower statutes in all three states let a prevailing employee recover attorney's fees, which is why these cases can be brought on a contingency basis.
Deadlines
- California. A complaint to the Civil Rights Department must be filed within three years of the unlawful act. After the right-to-sue notice issues, a lawsuit must be filed within one year.
- Nevada. A charge must be filed with the Nevada Equal Rights Commission or the EEOC within 300 days. After a right-to-sue notice, a lawsuit must be filed within 90 days.
- Washington. A complaint to the Washington State Human Rights Commission must be filed within six months of the act, with longer periods for pregnancy discrimination and whistleblower retaliation. A lawsuit can be filed directly without going to the commission first.
- Federal. An EEOC charge is due within 300 days in states that have their own enforcement agency, which all three of these do.
Other clocks run on contract, wage, and whistleblower claims. Call before you assume you have time.
How we handle a wrongful termination case
- Free consultation. You tell us what happened. We tell you honestly whether the facts support a claim and what it is likely worth.
- Documents. We request your personnel file, pay records, and the emails and reviews the employer would rather you never saw. California law requires employers to produce your personnel file and payroll records on request.
- Demand or filing. Many cases resolve before suit once the employer sees the evidence. The rest are filed and prepared for trial from the first day.
- Mediation or trial. Most employment cases settle at mediation. We prepare each one as if it will not.
Questions people ask
I signed a severance agreement. Is it too late? Maybe not. A release can be challenged if it was obtained through misrepresentation or pressure, and some claims cannot be released at all. Bring the agreement to the consultation before you sign anything else.
I was told it was a layoff, but I was the only one let go. A layoff of one is a termination with a different label. The question is still why you, and what happened to your duties afterward.
Do I need proof in writing? No. Timing, shifting explanations, comparisons to coworkers, and the employer's own records are evidence. Write down what you remember now, while it is fresh.
Can I be fired for complaining about my boss? Not if the complaint was about discrimination, harassment, unpaid wages, safety, or illegal conduct. Complaints about ordinary unfairness are not protected, which is why the first consultation matters.
What if I quit? If conditions were so bad that a reasonable person would have had no choice, the law may treat the resignation as a firing. These cases are harder, and the facts need to be strong.
Related
Discrimination | Retaliation and whistleblower claims | Leave and disability | Unpaid wages and overtime | All employee claims | Lawyers: refer a case
Call (310) 917-1004 or email lawrence@freimanlegal.com. We reply within one business day. Please do not send confidential information until we have agreed in writing to represent you.
Attorney advertising. Prior results do not guarantee a similar outcome.