Top Rated Bakersfield Wrongful Termination Attorneys
Bakersfield Wrongful Termination Lawyer
Find out why we are one of the best wrongful termination law firms in Bakersfield, CA
Bakersfield Wrongful Termination Attorney
Goldberg & Loren has handled thousands of wrongful termination cases for those who have lost their jobs due to unlawful employment practices in California. We have recovered over $500 million in awards through settlements and litigation.
If you have been fired or let go and you believe it was unjust, we can advocate on your behalf and help you fight for the justice you deserve.
Contact our Bakersfield wrongful termination attorneys by calling (661) 669-8224 or visiting our local Bakersfield location for a free, no-obligation case review to get the justice you deserve.
Zac Stoltz – with decades of experience in labor & employment law, Zak brings superior knowledge in employment litigation. Schedule a confidential consultation with him to go over your options.
Goldberg & Loren Fights for Maximum Compensation
James Loren
Zac Stoltz
Pay Nothing, Unless You Win
Our Verdicts and Settlements
A retaliation case involving an employee who was fired after reporting an unsafe workplace. Also, collecting on meal and rest break violations.
February 2025
What is Wrongful Termination?
Wrongful termination in California occurs when an employer fires an employee for reasons that violate state or federal laws, such as discrimination, retaliation, or breach of public policy.
A wrongful termination often is the result of an employee bringing up a discrimination claim or complaint, and the employer retaliating.
These complaints may include any of the following types of violations:
- Unpaid Wages
- Wage Theft
- Wage and Hour Claims
- Sexual Harassment
- Meal Break Violations
- Rest Break Violations
- FMLA Violations
- Minimum Wage Violations
- Misclassification Violations
- Workplace Discrimination
- Workplace Harassment
- Reporting & Whistleblowing
- Reporting Workplace Hazards
If you have experienced a wrongful termination, you need to take action. Contact our Kern County employment lawyers at (661) 669-8224 or fill out the form to start your claim.
California is an "At-Will" Employment State
California operates under an at-will employment policy. California Labor Code Section 2922 allows employers to dismiss employees at any time, with or without cause, provided the reason isn’t unlawful. Likewise, employees are free to resign whenever they choose.
How Does This Affect a Wrongful Termination Case?
Every time a person is fired or let go, it feels unfair, but it is not always illegal. If you were good at your job and it was only your third time being late, it might feel unfair, but it’s not illegal for them to let you go. Even if you were late for a good reason. If they fired you and gave you no reason at all? It’s still not illegal.
Are You Eligible For A Wrongful Termination Lawsuit in Bakersfield?
If your job termination was wrongful, then you are entitled to take legal action.
This depends on the circumstances of your firing and whether or not there were any violations of the law from your side. This is an important point, as your employer could use it against you in a legal claim.
That being said, you are entitled to take legal action if you fall under the following categories:
- Breach of your employment contract
- Discrimination based on age
- Disability discrimination
- Fired for exercising medical leave rights
- Gender discrimination
- Racial or ethnic discrimination
- Religious discrimination
- You were subjected to sexual orientation discrimination
- You were the victim of sexual harassment
- You reported workplace violations and faced retaliation
- You were fired for refusing to perform illegal acts
If you fall under any of these categories, then you are entitled to take legal action against your employer.
Let our Bakersfield employment lawyers examine your case. We will assess your eligibility and plan the legal recourse for you.
Types of Wrongful Termination Cases in Bakersfield
Wrongful terminations can be of various types. As mentioned before, some are direct abuses of power, in which an employer will fire their worker. However, others can be more subtle.
The most common types of wrongful terminations include the following:
- Breach of Contract: Most wrongful terminations count as breach of contract, be it verbal or written. In this type of wrongful termination, the employer violates the conditions or employment terms mentioned in the contract.
- Constructive Dismissal: In this type of termination, the employer creates difficulties for the worker, forcing them to quit or resign. In such cases, employers create a hostile, intolerable, or substantially changed work environment to push the employee to their limit.
- Discrimination-Based Firing: Employers can discriminate against employees based on their age, ethnicity, race, gender, etc. If an employee is fired for discriminatory reasons, the employer may be violating various laws.
- Retaliatory Firing: If an employee reports unsafe working conditions or fraudulent activities, then the employer may retaliate for such reporting instances. If an employee is fired due to this, then it counts as a retaliatory termination.
- Unlawful Mass Layoffs: This type of wrongful termination occurs when an employer lays off multiple employees at once without warning. In this case, the employer violates the WARN Act, which makes employees eligible to take legal action.
What If My Employer Forced Me To Resign?
If your employer forced you to resign, then this may qualify as a constructive dismissal. It is a violation of your employee rights if your employer creates a difficult environment, hazes, or harasses you until you resign or quit.
Here are a few examples of how an employer might make your workplace more difficult, intentionally leading to a constructive firing:
- Changing roles to undesirable positions
- Cutting pay and benefits without notice
- Creating a hostile or toxic work environment
- Denying promotions and career opportunities
- Being forced to participate in illegal actions
- Changing your work location
- Ignoring complaints about harassment or misconduct
- Intimidation or threatening termination
- Unmanageable workloads
If your employer has forced you to resign, then you might be entitled to legal action.
Our Bakersfield employment attorneys will examine your case and see if it qualifies as a dismissive termination. If labor laws have been violated, Goldberg & Loren will help defend your rights.
Table of Contents
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Bakersfield Wrongful Termination Attorney
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What is Wrongful Termination?
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Are You Eligible For A Wrongful Termination Lawsuit in Bakersfield?
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Types of Wrongful Termination Cases in Bakersfield
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What If My Employer Forced Me To Resign?
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What Excuses Might My Employer Use To Defend My Termination?
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Expected Compensation in Bakersfield Wrongful Termination Lawsuits
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California Laws That Protect Your Employment
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Immediate Steps After Your Wrongful Termination
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Statute of Limitations for Filing a Wrongful Termination Claim in California
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Get A Free Consultation From Our Bakersfield Wrongful Termination Lawyers
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FAQs
Bakersfield Practice Areas
What Excuses Might My Employer Use To Defend My Termination?
Employers may shift the blame to you. They can claim that you violated the law or that your performance was not up to par, which led to the firing.
In some cases, they might even provide excuses for company losses or the job position no longer being needed.
In such cases, the most common excuses used by employers include the following:
- At-will employment law and termination without a specific reason
- Business restructuring or workforce reduction needs
- Employee violated company policies or workplace rules
- Poor or inadequate job performance by the employee
- Retaliation denied, termination based on lawful reasons
- Termination due to economic necessity or budget cuts
- Violation of attendance or punctuality standards
- Violations of safety or workplace conduct policies
- Vague reasons, such as not a good fit
Document your job performance and interactions with the company. Our employment lawyers will help you show that you did not violate any laws or regulations.
Expected Compensation in Bakersfield Wrongful Termination Lawsuits
Getting fired wrongfully from your job gives you the right to pursue compensation. This compensation depends on specific losses that you suffered after the fact.
The most common compensation types in such cases include the following:
- Back pay
- Cost of looking for another job
- Lost benefits
- Lost wages (time spent off work)
- Missed bills or payments
- Punitive damages, if applicable
- Reinstatement, if applicable
California Laws That Protect Your Employment
Your employment in Bakersfield is protected by California state law. These laws regulate the standards expected of employers and the treatment of their employees. If your employer violates any of these rights and fires you, then you can legally challenge their actions.
The most important laws that protect employment in Bakersfield include the following:
- California’s Fair Employment and Housing Act (FEHA): California protects workers through this regulation, which prohibits certain types of behaviors in the workplace. This law strictly forbids harassment, discrimination, or treatment of workers based on race, religion, sex, etc. Cal. Gov. Code §12900 – 12996
- California Family Rights Act (CFRA): This law gives employees the right to take days off to care for a sick parent, child, or spouse. It also allows them a specific number of unpaid and job-protected leaves every year. Under this law, employers cannot retaliate or fire an employee for taking time off. Cal Gov. Code §12945.2
- Protection of Crime/Abuse Victims: If an employee suffers through a crime or abuse, then this law protects them. This law ensures legal relief from being discharged or discriminated against due to taking time off. California Labor Code Sections 230 and 230.1
- Whistleblower Protection: This law protects employees who have reported their employers for illegal, fraudulent behavior, or violations of safety codes. Thus, it protects such workers from retaliation from their employers. California Labor Code Section 1102.5
Immediate Steps After Your Wrongful Termination
After you have lost a job, it can be difficult to stay positive. While you are working with your Bakersfield employment attorneys, you can be encouraged that you are not alone. Together, we will gather the information we need to make sure that your wrongful termination claim is solid.
Here is what we will do for you:
1. File a Wrongful Termination Lawsuit: Consult our Bakersfield wrongful termination lawyers as soon as you can. We will help you file a lawsuit and defend your rights in either negotiations or a trial.
2. Examine Employment Records: Our Kern County employment lawyers will review your employment contract carefully. This is important as it outlines the terms of your employment and the rights owed to you by your employer. We will carefully review any communications from your employer, especially during the times of hiring and firing.
3. Review Performance Reports: If you have any performance reports, especially recent ones, bring them to the consultation. We will review them carefully. They may help us prove that your performance was as expected, or that your performance suffered once the employer made the workplace challenging for you.
4. Gather Witness Statements: If you have any witnesses, we will gather their statements as well. These could be your coworkers who saw the difficult environment created by your employer, or anyone who will vouch for your performance.
5. Represent Your Interests: You will be able to make the decisions with our experienced legal guidance the whole way through. Our Kern County employment lawyers work on a contingency basis, meaning you will pay nothing unless we win your wrongful termination claim.
Statute of Limitations for Filing a Wrongful Termination Claim in California
If you have a legal claim, then you have to file it within a certain time period called the Statute of Limitations.
The following are the stipulations that may apply to your claim:
You will have to file a claim within four years from the date of your wrongful termination if your contract was written. CCP § 337
If your contract was not written and you had a verbal agreement, then you can file a claim within two years from the day of your wrongful termination. CCP § 339
If you were fired due to retaliation for whistleblowing, age, race, or sexual discrimination, then you are protected by FEHA (California Fair Employment and Housing Act stipulations). If your termination falls under this category, then the time limit to file a claim will be three years from the day of the termination. FEHA/Cal. Gov. Code § 12900
Get a Free Consultation From Our Bakersfield Wrongful Termination Lawyers
The aftermath of losing a job can be difficult. Fighting back legally is your right, but you need support to pursue justice for being wronged. That is what Goldberg & Loren is here for, and we will help you. Our local Bakersfield wrongful termination attorneys will support you through the entire claim.
- We provide compassionate support to help you through this
- Our employment lawyers conduct a comprehensive investigation of your wrongful termination
- We investigate and gather additional evidence and interview witnesses
- In a trial or negotiations, our employment lawyers will defend your rights vigorously
If you have been wrongfully fired from your job, or want to find out if you have a wrongful termination case according to California state law, call Goldberg & Loren at (661) 669-8224 for a free consultation.
Frequently Asked Questions (FAQs)
The most important evidence of wrongful termination includes contracts that outline the employment terms. Other than this, performance reviews, termination letters, emails, messages, or any communication leading up to the termination can be important, too.
Start by documenting your work performance in recent times. Also, keep detailed records of events, such as dates, times, and descriptions of incidents, arguments, etc. Other than this, document recent communication, such as messages, emails, and job directives.
Request a written explanation for your termination and review the employment agreement. Check company policies, begin gathering evidence, document the case, and speak to a wrongful termination lawyer.
This usually depends on the complexity of the case and whether or not the employer wants to negotiate. Factors like investigation, negotiations, or court proceedings also influence the time it takes to resolve such cases. Therefore, it may take 6 months to one year.
If your former employer reinstates you, then you can continue working for them. If you work somewhere else during the legal proceedings, then you can continue working as well. The time you spend unemployed after a wrongful termination can influence the compensation you get.
Source:
[1] Pick Bakersfield | Bakersfield, CA – Official website. (n.d.). https://www.bakersfieldcity.us/240/Pick-Bakersfield
Goldberg & Loren
1701 Westwind Dr, Bakersfield, CA 93301
(661) 669-8224
Have you been wrongfully terminated in Bakersfield? Get in touch with our top-rated employment lawyers. We'll work to get you the justice you rightfully deserve.
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