Wrongful Termination

Wrongful Termination in Northern California

Getting fired from a job is one of the most traumatic events you may experience. Some people deserve to get fired; but many other good, honest and hard-working people are fired for reasons that are illegal under California and federal law. This is called “Wrongful Termination of Employment in Violation of Public Policy.” See Tameny v. Atlantic Richfield Co. (1980) 37 Cal. 3d 167.

A claim for wrongful termination provides the factual and legal basis to file a lawsuit in court against your former employer to recover damages for lost wages, emotional distress, statutory penalties (if applicable), as well as an award of reasonable attorney’s fees if you ultimately prevail at trial.

Matt Ruggles has litigated hundreds of wrongful termination lawsuits from both sides – for decades as a defense attorney representing corporations at one of the largest law firms on Earth; and since 2016 representing wrongfully terminated employees against corporate employers.

If you have been wrongfully terminated, The Ruggles Law Firm can help you win your case.

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Understanding California Wrongful Termination

Wrongful termination refers to an illegal and unlawful dismissal (termination) of an employee from his/her job that violates California or federal law. In California, most employees are considered “at-will,” meaning that employers can fire employees for any reason or no reason at all, but NOT if the reason violates the law (i.e. public policy). See California Labor Code section 2922. The phrase “public policy” simply refers to the California or federal law that the employer violated when it made the termination decision. To qualify as a “public policy,” the California or federal law must expressly prohibit termination for a particular reason, such as race, disability status, complaining about harassment, complaining about other illegal workplace conduct (whistleblowing), etc.

The Basics of Wrongful Termination

Was My Termination Illegal?

In most cases of wrongful termination, the public policy (the law) that is violated is a California state law, such as the California Fair Employment and Housing Act (FEHA)(California Government Code section 12900, et seq.), the California Labor Code, or a federal law like Title VII of the Civil Rights Act of 1964, the American with Disabilities Act (ADA), or the Age Discrimination in Employment Act (ADEA). The public policy element of a claim for wrongful termination also can be satisfied when applicable by a California state regulation or federal regulation that the employer violated by terminating the employee.

To better understand and further clarify the meaning of Wrongful Termination, let’s define both of the words that make up this term: wrongful and termination.

The word “wrongful” in the context of employment law means “illegal.”

It is wrongful (illegal) for your employer to terminate you in violation of California laws or federal laws that protect you. In a nutshell: for a termination to be “wrongful,” we must allege that the termination broke the law and therefore “violated public policy.”

The word “termination” means that your employment ended either voluntarily or involuntarily.

Voluntary Termination: when you quit or resign from your job.
Involuntary Termination: when you are fired, laid off, or otherwise lose your job.
“Constructive” Termination: when you are forced to quit your job due to intolerable working conditions. In this type of case, you resigned “involuntarily” because you were forced to quit. In other words, a constructive termination converts what otherwise appears to be voluntary resignation into an involuntary termination.

Both involuntary termination (you got fired) and a voluntary termination (when it is determined to be a constructive termination) can potentially be a wrongful (illegal) termination. Consequently, even if you quit your job “voluntarily”, you may have been the victim of wrongful (illegal) termination if you were forced to quit.

Wrongful termination Consulation

Involuntary Wrongful Termination

This is the MOST common form of wrongful termination – when your employer fired you from your job in violation of California or federal law. Involuntary wrongful termination can occur for a number of reasons like discrimination, retaliation, whistleblowing, and more.

Types of Involuntary Wrongful Termination

Discrimination

An employer cannot terminate an employee based on their race, color, national origin, ancestry, religion, gender, sexual orientation, marital status, age, or disability or any other characteristic listed in the Fair Employment and Housing Act or in Title VII of the federal Civil Rights Act.

For instance, an employer may not discriminate against an applicant during the hiring process by rejecting the application because of the applicant’s gender or race. Alternatively, an employer may not discriminate against an employee during a promotion by passing over the employee because of the employee’s disability or age. Similarly, an employer may not discriminate against an employee by paying the employee less than a coworker performing substantially similar duties because of the employee’s race, gender or other protected characteristic or status.

It is important to note that discrimination can take many forms and can be subtle or overt. For instance, an employer might make derogatory comments about an employee’s religion, refuse to accommodate an employee’s disability, or assign an employee to undesirable job tasks because of their national origin.

How Workplace Discrimination is Determined

Under California law, determining whether or not an employee has been the victim of discrimination is decided using a framework known as the McDonnell Douglas burden shifting test.

It basically boils down to a 4-part test to determine whether a plaintiff can establish the minimum components of a claim for violation of the FEHA. To do so, an employee must demonstrate:

1) Plaintiff is in a protected class (i.e. a characteristic protected by law);

2) Plaintiff was qualified for and competently performing the job;

3) Plaintiff suffered an adverse employment action (i.e. was fired); and

4) Some evidence indicating that the adverse employment action was substantially motivated by illegal animus. See McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973).

To win at trial, the employee must present admissible evidence that meets all four factors in the McDonnell Douglas test AND that the employer’s stated reason for termination is a “pretext” for illegal discrimination, harassment, or retaliation. In other words, the employee must prove all four elements of the claim AND that the stated reason for termination is false, and that the real reason is illegal discrimination.

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Retaliation

An employer cannot terminate an employee for engaging in conduct or activity protected by the law (FEHA or Labor Code) which includes reporting workplace discrimination or harassment, or for participating in an investigation or legal action related to such complaints, reporting illegal business practices to the employer, or reporting safety concerns to the employer, or any other conduct expressly protected by law.

An employer may be liable for retaliation towards an employee if the company takes adverse employment actions against the employee in response to the employee engaging in protected activity. Examples of protected activity include reporting illegal behavior, refusing to engage in illegal behavior, filing a complaint about harassment or discrimination, or participating in an investigation of such complaints. Adverse employment actions may include termination, demotion, reduction in pay, denial of benefits or promotion, or unfavorable job assignments.

To establish a causal connection between an employee’s protected conduct and an adverse employment action, the employee must show that there was a “but-for” relationship between the two events. This means that the employee would not have suffered the adverse employment action if they had not engaged in the protected conduct.

For example, let’s say an employee complains to their employer about sexual harassment in the workplace. The employer responds by giving the employee a poor performance review, denying them a promotion, or even terminating their employment. If the employee can show that the adverse employment action would not have occurred but for their complaint of sexual harassment, then they may have a valid claim for retaliation under California law.

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Whistleblowing

An employer cannot terminate an employee for reporting illegal behavior within the company, or for refusing to engage in such behavior.

Firing or demoting an employee who reported to management that the company was engaging in illegal activities, such as fraudulent billing practices or environmental violations.
Disciplining an employee who reported sexual harassment in the workplace to a supervisor, manager or to Human Resources.
Taking an adverse employment action (termination) against an employee who refused to engage in an activity that violates a law, such as a sales representative who refused to make false claims about a product.
Retaliating against an employee who participated in a government investigation, such as reporting violations of labor laws or providing information to a government agency.
Threatening an employee who speaks out or complains about workplace safety issues or hazardous working conditions.

It is illegal to terminate an employee for engaging in “protected conduct” or “protected activity” such as whistleblowing, reporting discrimination or harassment (including sexual harassment), or otherwise opposing harassment or discrimination at work. Retaliation related to discrimination is protected by the California Fair Employment and Housing Act (FEHA). Retaliation related to internal complaints, whistleblowing, or other protected conduct/activity is protected by the California Labor Code and other applicable laws. See Yanowitz v. L’Oreal USA, Inc. (2005) 36 Cal.4th 1028, 1052-1056.

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Constructive Termination Is Still Wrongful Termination

Constructive termination occurs when an employer engages in conduct that is so intolerable or discriminatory that it would compel a reasonable employee to quit. Essentially, constructive termination means that the employer “forced” you to quit. This could include things like demotion, pay cuts, harassment, or other discriminatory or retaliatory behavior in the workplace. See Steele v. Youthful Offender Parole Bd. (2008) 162 Cal.App.4th 1241, 1253.

Here are Three Examples of Constructive Termination of Employment in California:

Harassment:

An employee works in a company where they are constantly subjected to harassment based on their gender, race, or sexual orientation. Despite repeatedly informing their supervisor, the behavior continues, making it unbearable for the employee to continue working. The employee decides to resign, and the resignation could be considered a constructive termination.

Discrimination:

An employee works in a company where he/she is discriminated against based on his/her age, disability, or religious beliefs. The employer refuses to provide reasonable accommodation, despite repeated requests, making it impossible for the employee to continue working. The employee reluctantly decides to resign, and the resignation could be considered a constructive termination.

Retaliation:

An employee reports illegal activities, such as fraud or discrimination, to their employer or to a government agency. The employer then takes retaliatory actions against the employee, such as unfairly demoting them, unfairly reducing their hours, or unfairly increasing their workload. The employee feels forced to resign, and the resignation could be considered a constructive termination.

Matt’s Further Legal Perspective Regarding Constructive Termination

These examples make the important point that an employee facing harassment in the workplace generally is required to complain to the employer about it in order to recover. If the employee does not complain to the employer prior to filing a lawsuit, the employee’s claim is vulnerable to an anticipated defense by the employer. Specifically, the employer will assert that had the employee used the employer’s internal complaint procedure, the company would have addressed and ended the harassment and discrimination. In virtually all cases, the offended employee must expressly complain to the employer about the offensive or inappropriate conduct that is making the workplace intolerable.

Just as important is that all three examples include workplace misconduct that is prohibited by California or federal law, including harassment, discrimination, and retaliation. In other words, the intolerable conditions that force the employee to complain must be prohibited by California or federal law (i.e. public policy).

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When Constructive Termination Does Not Apply

It is important to understand when constructive termination DOES NOT APPLY: when an employee simply is unhappy with the job because it’s boring, the supervisor is a jerk, or the pay is lousy. In nearly all cases, being unsatisfied (and yes, even being pissed off!) with your job is not enough.

Consequently, employees that hang on to a disliked job until they find a better job with a better boss, more money, or a shorter commute normally do not qualify as “constructively terminated” because the employee obviously was not forced to resign, but instead waited until a better opportunity came along. In other words, waiting to find a new job typically demonstrates the workplace was not “intolerable” because you actually tolerated it, and therefore precludes application of the constructive termination analysis.

If an employee can prove constructive discharge, it may be treated as wrongful termination, and the employee may be entitled to damages. However, it can be challenging to prove constructive termination, and employees should seek legal advice before quitting their job in such a situation.

An employee forced or “compelled” to quit his or her job should not be immediately concerned about subsequent employment or immediately getting another job. You quit because you have to get out of there! The workplace must be that bad in order for constructive termination to apply.

How to Know if You Have Been Wrongfully Terminated:

When evaluating a potential wrongful termination case, two primary questions will be asked:

What was the reason stated by the employer for the termination? What did your employer tell you when you got fired – either verbally or in a termination letter?
What was the ACTUAL (unstated, but true) reason for the termination?

To win a lawsuit, you need to prove that the employer’s stated reason for termination is FALSE and that real reason was substantially motivated by an illegal reason. This means that you know or believe that the actual reason you were terminated, regardless of how the employer is characterizing the termination, is illegal under California or federal law.

The most valuable claims for wrongful termination have these 3 things in common:

The corporate employer is financially strong and has considerable assets;
The plaintiff (employee) has a long-term positive job performance history and was liked and respected in the workplace; and
There is at least one clear piece of evidence to support the claim that the employer violated the law. In other words, there is at least one bad fact to show the employer is guilty.

What Makes Your California Wrongful Termination Case STRONG

Protected Classification and/or Protected Conduct

For California Fair Employment and Housing Act-based claims, the employee must belong to a protected class, including but not limited to race, gender, religion, age, disability, or sexual orientation.

Alternately, a wrongful termination claim can be based on an employee that is terminated for engaging in protected conduct.

Adverse Employment Action

The employee must have suffered an adverse employment action, such as termination, demotion, or a significant reduction in pay or benefits. The longer you worked for the employer, the stronger your case.

Causal Connection

There must be a factual connection linking the adverse employment action and the violation of public policy. This means that the employee’s protected status or the employee’s protected conduct was “a substantially motivating factor” in the employer’s adverse employment decision.

Discriminatory Intent

The employee must be able to show that the adverse employment action was substantially motivated by discriminatory or retaliatory intent. This means that the employee must demonstrate that the actual reason or the given reason for termination is false and that the real reason is something illegal.

Evidence

Of course, a well-documented case always is preferred to a completely undocumented case. Although an employee intending to sue the employer is obligated to preserve and maintain all relevant documents in the employee’s possession (including wage statements, employee handbooks or any other document related to the job from which the employee was fired), the most important documents typically are in the possession, custody or control of the former employer, and usually must be obtained through discovery after the lawsuit is filed in court.

Witness accounts that can be documented will bolster your case. Witnesses that still work for your former employer and are “friendly” will be tremendously helpful. Gathering and saving telephone numbers, private email addresses, and any relevant text or electronic communications with prospective witnesses is very important and should be done at the outset of any potential lawsuit or dispute.

Your most recent job performance review is positive in nature. The absence of any written discipline related in any manner whatsoever to the actual or stated reason for dismissal.

Exhaustion of Administrative Remedies

If the claim for wrongful termination is based on the public policy in the FEHA, then an employee must “exhaust administrative remedies” prior to filing a lawsuit. This means the employee must file an administrative complaint of discrimination, harassment and retaliation with the California Civil Rights Department. In almost all cases, correctly filing an administrative complaint with the CRD requires legal assistance.

Timeliness

The statute of limitations on a claim for wrongful termination of employment in California is two (2) years from the date of the adverse employment action (i.e. termination).

What Makes Your California Wrongful Termination Case WEAK

Lack of Evidence

The terminated employee is relying on speculation. In other words, the employee is unable to obtain or provide factual evidence of the illegal reason for being terminated.

No Causal Connection

The employee has no evidence of the connection between the termination and the alleged illegal reason claimed as the real reason for the termination. For instance, if you claim your supervisor fired you because of your religion, you generally must be able to demonstrate that the supervisor knew of your religion AND that the supervisor actually considered your religion when making the termination decision.

Lack of adverse employment action

If the employer did not take an adverse employment action against the employee, such as termination, demotion, or pay reduction, the employee generally cannot pursue a wrongful termination claim. Simply put, if you are still working for the company, you cannot sue the company for wrongful termination.

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Misconceptions About Wrongful Termination

Misconception #1: "California is an at-will employment state, so employers can fire employees for any reason".

At-will employment doctrine does not waive, excuse, or exempt California employers from any California law or federal law. At will employees may not be terminated, demoted, or otherwise treated unfairly for reasons that are protected by the California FEHA, the California Labor Code, or any other California or federal law.

There are many exceptions to the at-will employment rule, including anti-discrimination laws, anti-retaliation laws, and public policy exceptions. For example, employers can’t fire employees for discriminatory reasons based on race, gender, age, religion, disability, or sexual orientation.

Some employers, attempting to confuse and intimidate their employees, emphasize the concept of “at-will employment” to discourage terminated employees from rightfully pursuing legal action when wrongfully terminated. This is a shameful practice because the at-will doctrine provides only limited protection for employers faced with contract-based claims, which most California employees do not assert because they are “at-will”.

In a nutshell, at will employment is irrelevant to a claim for wrongful termination of employment in violation of public policy because the claim is based on “public policy” (i.e. California or federal law), not a contract.

Misconception #2: “Employees who are terminated for ‘unfair’ or ‘unethical’ reasons have a claim for wrongful termination":

This is not true. Employees only experience “wrongful termination” when they are fired for a reason that is illegal under California or federal law.

Misconception #3: "Wrongful termination claims are easy to prove":

Wrongful termination claims can be difficult to prove because the burden of proof is on the employee. Employees must be able to show that the termination was illegal i.e. violated public policy law. This can require evidence such as emails, witness statements, or performance evaluations.

Misconception #4: "Only employees who are terminated can file a wrongful termination claim":

This is true, sort of.

In most circumstances, you must have been involuntarily fired to have a claim for wrongful termination; in rare cases, a voluntary resignation can be converted to an involuntary termination, but only in the most egregious cases – when the working conditions are so intolerable that any reasonable employee would feel that the employee has no choice except to immediately quit the job.

Examples of Common California Wrongful Termination Cases

Race Discrimination:

An African American employee is fired from her job after making a complaint about racist comments made by her supervisor. The employer claims that the employee was let go due to poor performance, but the employee believes she was terminated in retaliation for speaking out against racial discrimination. This could be considered wrongful termination in violation of public policy because it violates California’s Fair Employment and Housing Act (FEHA) which prohibits discrimination based on race.

Failure to Accommodate a Temporary Disability:

A pregnant employee informs her employer that she needs to take a temporary leave of absence due to complications with her pregnancy. The employer refuses to provide the employee with a reasonable accommodation, such as modified duties or a reduced schedule, and instead fires her. This could be considered wrongful termination in violation of public policy as it violates California’s Fair Employment and Housing Act, which requires employers to provide reasonable accommodations to employees with temporary disabilities.

Retaliation:

An employee reports illegal conduct by her supervisor to the company’s HR department. Shortly thereafter, the employee is fired for allegedly violating company policies. This could be considered wrongful termination in violation of public policy as it violates California’s whistleblower protection laws under the California Labor Code, which prohibit employers from retaliating against employees who report illegal conduct or illegal business practices.

Disability Discrimination:

An employee with a physical disability requests reasonable accommodation, such as a modified work schedule or a specialized workstation, but the employer refuses to provide any accommodations. The employer then fires the employee, claiming that they are unable to perform the essential functions of the job. This could be considered wrongful termination in violation of public policy as it violates California’s Fair Employment and Housing Act, which prohibits employers from discriminating against employees based on their disabilities.

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How to ***Prove* and Win your California Wrongful Termination Lawsuit**

GATHER WRONGFUL TERMINATION EVIDENCE

At-will employment doctrine does not waive, excuse, or exempt California employers from any California law or federal law. At will employees may not be terminated, demoted, or otherwise treated unfairly for reasons that are protected by the California FEHA, the California Labor Code, or any other California or federal law.

There are many exceptions to the at-will employment rule, including anti-discrimination laws, anti-retaliation laws, and public policy exceptions. For example, employers can’t fire employees for discriminatory reasons based on race, gender, age, religion, disability, or sexual orientation.

Some employers, attempting to confuse and intimidate their employees, emphasize the concept of “at-will employment” to discourage terminated employees from rightfully pursuing legal action when wrongfully terminated. This is a shameful practice because the at-will doctrine provides only limited protection for employers faced with contract-based claims, which most California employees do not assert because they are “at-will”.

You will need to gather evidence to support your claim. This may include documents, emails, witness statements, and any other evidence that supports your case.

Evidence should be printed out. Do not write on, alter, or change any of your documents. Do not make any marks or changes to the documents. Changing or marking a document will raise suspicion that the documents are fake because the documents were altered. In California, copies are acceptable and generally admissible if the original document is no longer available.

CAUTION: It is important to note that taking company property without permission is illegal in California. Such actions are considered theft and can result in serious consequences, including criminal charges and civil liability. Employees should always follow proper procedures and seek authorization before taking any company property, including equipment, supplies, confidential business information or trade secrets. Oftentimes, an employee that has a valid claim for wrongful termination inadvertently can self-sabotage the claim by improperly taking employer records or documents prior to getting fired. Doing so will give the employer the “after acquired evidence” defense which states that the employer learned of misconduct after your termination (improper removal of employer records or document) that if it had been known prior to termination, the employee would have been terminated for that reason independent of the stated reason for termination.

Successful application of the “after acquired evidence” defense can severely limit the amount of money you may be able to recover in the lawsuit. See McKennon v. Nashville Banner Publishing Co., 513 U.S. 352 (1995).

CREATE A TIMELINE

A timeline will help to tell the story of your employment and create a clear picture of what happened. It will also help you communicate better the details of your claim with your attorney.

The BEGINNING of the timeline is the date you started working for your employer. The END of the timeline is the date of your termination. Include the following:

Periodic increases in compensation (raises).
Annual Job Performance scores, ratings or evaluations.
Job Titles for each position held, including dates in that position.
Names of your direct supervisors in each position held at the employer.
Internal complaints, including dates, subject matter and dates of responses.
Written Discipline issued by the Employer.
Evidence of any warning, written or verbal, whether formal or informal.

OBTAIN PERSONNEL FILE AND PAYROLL RECORDS

You are entitled to receive a copy of your personnel file and payroll records from your employer for up to 3 years after you separate from employment. In most cases, your attorney should do this at the outset of the case before you file a lawsuit. See California Labor Code sections 226 and 1198.5.

CREATE A CAST OF CHARACTERS

This is a list of people centered around you at your workplace.

Include your supervisor (name and title) and everyone upward in the chain of command that you interacted with during your workday. If you have subordinate employees, include their names and positions as well. Additionally, it is important to list the Human Resources staff and the names of the people who were involved in the decision to terminate. Often, it is difficult to determine exactly who was involved; starting the list is always helpful.

MEDICAL RECORDS

Obtain all records related to any medical issues, injuries, or treatments for any physical or emotional injury you attribute to the wrongful termination.

DOCUMENT POST TERMINATION JOB SEARCH

It is likely that your former employer will attempt to make the case that you should have been able to find comparable employment once you were terminated, and therefore your lost wages should be limited to a short period of time following your termination. The purpose of this is to lower the damages that you can claim. It will help your case if you can document that you made a timely and thorough effort to find a similar job.

As a plaintiff in a wrongful termination lawsuit, you have a responsibility to mitigate your own damages by seeking comparable employment. Save your emails and make notes of any time spent interviewing or searching for a new job. You may be required to give the reason you declined any job offer.

How long Do I Have to File a Lawsuit for California Wrongful Termination?

If you believe that your employment rights have been violated, it’s important not to wait to file a lawsuit. There are several reasons for this.

First, there are deadlines, known as statutes of limitations, that limit the amount of time you have to file a claim after the date you were terminated. If you wait too long, you may lose the ability to pursue legal action altogether.

The statute of limitations for a claim for Wrongful Termination in Violation of Public Policy, as discussed above, is two (2) years in California. See California Code of Civil Procedure section 335.1.

A claim for breach of contract has a two (2) year limitation period if the contract is oral; a claim for breach of contract based upon a written contract has a four (4) year statute of limitations.

A claim for discrimination, harassment or retaliation under the California Fair Employment and Housing Act has a two-part statute of limitations: a terminated employee must first obtain a “Right to Sue” letter from the California Civil Rights Department (formerly the DFEH) within three (3) years of the adverse employment action (i.e. termination, demotion, harassing conduct, etc.); the employee has one (1) year to file a civil lawsuit in court from the date of the Right to Sue letter.

Second, waiting can give the employer time to destroy, discard or delete important evidence such as emails, text messages and other written or electronic documents, making it more difficult to prove your case.

Third, the longer you wait, the harder it may be to remember important details and find witnesses who can support your claim.

Finally, the emotional toll of workplace discrimination or harassment can take a significant toll on your well-being, and taking action sooner rather than later can help you start to move on and regain control of your life.

In short, if you believe your employment rights have been violated, it’s important to consult with an experienced employment attorney as soon as possible to discuss your options and protect your rights.

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Recoverable Damages from Wrongful Termination Lawsuit

In California, the damages that may be recovered in a successful wrongful termination lawsuit can vary depending on the circumstances of the case. Generally, an employee who has been wrongfully terminated may be entitled to recover the following types of damages:

Lost Wages and Benefits:

These include any income the employee lost as a result of the termination, as well as the value of any benefits, such as health insurance, that were lost. In most cases, this will be the most significant component for recoverable damages.

There are several factors that can increase or decrease the claim for lost wages in a California lawsuit, including:

Length of absence from work

The longer a person is unable to work due to their injuries, the greater their lost wages will be.

Nature of the injuries: If the injuries sustained by the plaintiff are severe, they may require more time off work or even prevent them from returning to work altogether.

Fringe benefits and perks

The plaintiff’s fringe benefits and perks, such as health insurance, retirement benefits, and bonuses, will also be considered when calculating lost wages.

Overtime and bonuses: If the plaintiff regularly worked overtime or received bonuses, their lost wages will be higher.

Future earning potential: If the plaintiff’s injuries will impact their future earning potential, such as preventing them from pursuing a promotion or earning a higher salary, their lost wages will be higher

Age and occupation of the plaintiff

If the plaintiff is young and has a long career ahead of them, their lost wages will be higher than if they are close to retirement age. Similarly, if the plaintiff has a high-paying job, their lost wages will be higher than if they have a lower-paying job.

Mitigation (i.e. your responsibility to find new comparable work) will be a major factor limiting damages for the young person, but less important for an older person close to retirement because it’s reasonable to assume the young person can get a new job but a 60 year old is facing a much tougher market.

Emotional Distress

If the termination caused the employee significant emotional distress, they may be entitled to recover damages for the resulting pain and suffering. There are two primary types of emotional distress: garden variety vs. non-garden variety.

Garden variety distress

Garden variety distress: peaks at or immediately after the time of your termination and gets better in a matter of days or weeks.

Non-garden variety distress

Non-garden variety distress: this type goes up over time and does not get better. For instance, you are losing weight and may need counseling or hospitalization. This type is more unusual and will require extensive work to prove.

Other Damages

Attorneys' fees and costs

If the employee prevails in the lawsuit, they may also be entitled to recover their attorneys’ fees and other costs associated with the litigation.

Punitive damages

In cases where the employer’s conduct was particularly egregious, the employee may be entitled to recover punitive damages, which are intended to punish the employer and deter similar conduct in the future.

California Civil Code Section 3294 outlines the conditions for awarding punitive damages in a civil lawsuit, which can be granted when the defendant’s conduct was willful, intentional, or malicious and caused harm to the plaintiff.

In addition, the law allows for punitive damages to be awarded when the wrongful conduct was carried out by a managing agent, acting within the scope of their employment, which means the company or employer may also be held liable. A managing agent is defined as someone who exercises substantial control over the defendant’s business operations or has a significant role in managing the defendant’s affairs.

The amount of punitive damages awarded is typically limited to a multiple of the actual damages suffered by the plaintiff.

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Matthew J. Ruggles

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