Setyan Law

Sam Setyan Employment Attorney

When you need a dedicated, experienced employment lawyer in Rowland Heights, Setyan Law is the name you can rely on. We specialize in various employment law matters, including wrongful termination, discrimination, sexual harassment, wage and hour disputes, and retaliation cases. Our expert attorneys are committed to providing you with top-notch legal representation, fighting for your rights, and securing the best possible outcome for your case.

Call 213-618-3655 for a free consultation.

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If you have questions about your employment case, Setyan Law offers a free initial consultation in person, via phone, or virtually. You pay nothing until you win your case.

If you have questions about your employment case, Setyan Law offers a free initial consultation in person, via phone, or virtually. You pay nothing until you win.

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Client Testimonials

“I had a great experience with Sam. He is extremely professional, knowledgeable and easy to work with. I will definitely be using him again as my attorney in the future! Thank you, Sam.” – Elizabeth Chaverri

“Thanks, Sam, for the hard work and dedication. Your assistance and guidance has helped bring close my case in a timely fashion. I will recommend you any chance I can.”
– Cole Calloway

“Sam was extremely professional throughout the process and responsive. What I like about him was that he handled the case himself from start to finish, which I believe was the reason he won my case in huge numbers.”– Linda Lau

Wrongful Termination Lawyer in Rowland Heights: Know Your Rights

Losing your job unexpectedly can be devastating, especially when you believe your termination violated the law. A wrongful termination lawyer understands that your career, financial stability, and emotional wellbeing are at stake when you face unfair dismissal.

In California, employees have significant protections against illegal termination, although many workers remain unaware of their rights until it's too late. Despite being an "at-will" employment state, California law prohibits employers from firing workers for discriminatory reasons, as retaliation, or in violation of public policy.

If you suspect your employer has illegally terminated your position, understanding your legal options is critical. This guide examines what constitutes wrongful termination, common scenarios where employers cross legal boundaries, and how a skilled employment attorney can help you seek justice and compensation for your losses.

What is wrongful termination in California?

Understanding wrongful termination requires examining the legal boundaries that protect California employees from unjust dismissal. While many believe they can challenge any unfair firing, the law has specific definitions about what constitutes an illegal termination.

Definition and legal meaning

Wrongful termination occurs when an employer fires an employee for reasons that violate federal or state laws. In California, wrongful termination happens when an employer unlawfully terminates an employee's position, infringing upon their legal rights or protections.

The concept goes beyond simply being fired unfairly. For a termination to be legally "wrongful," it must violate specific legal protections such as anti-discrimination laws, retaliation prohibitions, or public policy considerations.

According to data from the U.S. Equal Employment Opportunity Commission, they received more than 470,000 calls, 187,000 in-person queries, and 122,775 online inquiries regarding workplace discrimination complaints in 2020. Many of these complaints involved wrongful termination cases.

At-will employment vs. wrongful termination

California operates as an "at-will" employment state, which means employers generally have the right to terminate workers without providing a reason. The California Labor Code explicitly states: "An employment, having no specified term, may be terminated at the will of either party on notice to the other".

Nevertheless, this at-will doctrine is not absolute. A complex framework of statutory and common law exceptions creates significant limitations on an employer's ability to terminate employees.

The key difference between legal at-will termination and wrongful termination hinges on these exceptions:

  1. Discrimination protections
  2. Anti-retaliation provisions
  3. Contract violations
  4. Public policy considerations

Furthermore, at-will employment can be negated through written or oral contracts that create promises to terminate only for "just cause". Even employee handbooks that outline specific termination procedures can establish implied contracts that employers must follow.

Examples of wrongful termination cases

Real-world examples help illustrate how wrongful termination manifests in California workplaces:

  • Discrimination-Based Termination: An employer cannot legally fire workers based on protected characteristics such as race, gender, age, disability, religion, sexual orientation, or other traits protected under the Fair Employment and Housing Act.

  • Retaliation Cases: In one notable example, a casino vice president was fired just four days after reporting her company's wrongdoing to the Audit Committee. Such retaliation for whistleblowing constitutes wrongful termination.

  • Disability Discrimination: A retail worker with Down Syndrome who had been employed for 15 years was fired after requesting schedule accommodations related to her disability. She was ultimately awarded $125 million for this wrongful termination.

  • Contract Violations: When employers ignore their own written policies regarding progressive discipline (verbal warning, written warning, suspension, then termination), this can constitute breach of an implied contract.

  • Public Policy Violations: Firing an employee for refusing to commit illegal acts, serving on a jury, or exercising legal rights clearly violates public policy.

Consulting with a wrongful termination lawyer in Rowland Heights can help determine if your specific situation falls under these protected categories. Such attorneys can evaluate whether your employer's actions violated California's extensive employee protection laws or if the termination was legally permissible under at-will employment provisions.

Common reasons employees are wrongfully terminated

Even with California's at-will employment laws, certain termination situations cross legal boundaries. When employers fire workers for prohibited reasons, they expose themselves to potential wrongful termination lawsuits. Below are the most common grounds for such claims in Rowland Heights and throughout California.

Discrimination based on race, gender, or age

Employers violate federal and state laws when they terminate employees based on protected characteristics. The California Fair Employment and Housing Act (FEHA) and federal laws like Title VII of the Civil Rights Act forbid firing workers due to:

  • Race or ethnicity
  • Gender or gender identity
  • Age (over 40)
  • National origin
  • Religion
  • Disability
  • Sexual orientation
  • Pregnancy

Discriminatory termination often involves subtle patterns rather than explicit statements. For instance, an employer might claim "restructuring" but only eliminate positions held by employees over 40. A wrongful termination lawyer can help identify these patterns and build a compelling case.

Retaliation for whistleblowing or complaints

Retaliation occurs when an employer punishes an employee for exercising their legal rights. California strongly protects workers who:

  • Report safety violations to OSHA
  • File workers' compensation claims
  • Complain about unpaid wages or overtime
  • Report sexual harassment or discrimination
  • Refuse to participate in illegal activities
  • Participate in investigations against the employer

Notably, under Labor Code section 98.6, employees who file complaints with the Labor Commissioner can receive up to $10,000 per violation in civil penalties. The timing between a protected activity and termination often serves as key evidence in these cases, particularly when the firing occurs shortly after the complaint.

Violation of public policy

Termination that violates public policy refers to firing an employee for reasons that contradict fundamental societal values expressed in laws. To establish this claim, an employee must demonstrate:

  1. A clear public policy existed in law or regulations
  2. The dismissal would undermine this policy
  3. The firing was motivated by conduct related to public policy
  4. The employer lacked legitimate business justification

Common examples include terminating employees for:

  • Refusing to commit fraud or other illegal acts
  • Fulfilling civic duties like jury service
  • Taking legally protected leave
  • Reporting illegal company conduct that affects public welfare

Courts have upheld public policy claims when employees were fired for providing truthful testimony against their employer or seeking mental health treatment.

Breach of employment contract

While California presumes at-will employment, this presumption can be overcome through contracts that limit an employer's right to terminate. Contract breaches involve:

  • Written contracts specifying employment duration or termination procedures
  • Employee handbooks that outline disciplinary steps before termination
  • Oral promises regarding job security
  • Implied contracts created through company practices or longevity of employment

For a successful breach of contract claim, employees must demonstrate the existence of a valid contract, their performance of duties, the employer's material breach, and resulting damages.

Employment contracts don't need to be formal documents. Even offer letters promising employment for a specific period can create enforceable obligations that, if violated, constitute wrongful termination.

A skilled wrongful termination lawyer in Rowland Heights can evaluate your specific situation against these common scenarios to determine if you have grounds for legal action. Since each case involves unique circumstances and documentation requirements, professional legal guidance becomes invaluable in protecting your rights.

Your legal rights as an employee in Rowland Heights

As a worker in Rowland Heights, your employment rights are protected by a robust framework of both federal and state laws. Knowing these protections can make all the difference if you face wrongful termination.

Federal vs. California labor laws

California offers significantly stronger employee protections compared to federal standards. Essentially, California labor laws provide an additional layer of safeguards beyond federal regulations.

California's Fair Employment and Housing Act (FEHA) expands upon federal protections in several critical ways. For example, California law prohibits discrimination in smaller businesses than federal law covers and recognizes more protected characteristics.

The California Labor Code contains multiple statutes protecting employee rights, including the right to hold public office, serve on a jury, and take legal breaks. Additionally, the California Family Rights Act allows eligible employees to take up to 12 weeks of unpaid, job-protected leave for family or medical reasons.

Beginning January 1, 2026, the new Workplace Know Your Rights Act requires employers to provide annual written notices to workers about their workplace rights. By February 1, 2026, and annually thereafter, employers must inform employees about their rights regarding retaliation protection, workers' compensation, and workplace organization.

Protected classes under the law

California recognizes a comprehensive list of protected characteristics, making it illegal for employers to terminate employees based on any of these traits:

  • Race and color
  • Religion (including religious dress and grooming practices)
  • Sex/gender (including pregnancy, childbirth, and breastfeeding)
  • Gender identity and expression
  • Sexual orientation
  • National origin and ancestry
  • Disability (both physical and mental)
  • Medical condition (including genetic characteristics)
  • Age (over 40)
  • Military or veteran status
  • Marital status

Importantly, California extends protection to characteristics not covered by federal law, like gender expression and marital status. Consequently, employees in Rowland Heights have broader grounds for wrongful termination claims.

Time limits for filing a claim

Acting promptly is crucial when pursuing a wrongful termination claim, as strict deadlines apply:

For breaches of written contracts, you have four years to file a lawsuit; for oral or implied contracts, the limit is two years.

Claims involving violations of public policy must be filed within two years from termination.

For discrimination or retaliation under FEHA, you must file with the California Civil Rights Department (CRD) within three years of termination. After receiving a right-to-sue notice, you have one additional year to file a lawsuit.

Whistleblower retaliation claims carry a three-year statute of limitations. However, for securities fraud reporting, you must contact the federal Department of Labor within 180 days.

Missing these deadlines can permanently forfeit your right to seek compensation. Hence, consulting a wrongful termination lawyer immediately after termination is advisable to preserve all potential claims and navigate the complex filing requirements.

How a wrongful termination lawyer can help

Navigating a wrongful termination case requires specialized legal expertise that most employees simply don't possess. A wrongful termination lawyer brings valuable knowledge, resources, and advocacy skills that dramatically improve your chances of receiving fair compensation.

Evaluating your case

First, a skilled employment attorney thoroughly examines the circumstances surrounding your dismissal. This initial evaluation includes reviewing termination notices, employment contracts, and company policies to identify potential legal violations. The attorney assesses whether your firing involved discrimination, retaliation, contract breaches, or public policy violations.

During this phase, lawyers determine which laws apply to your situation and which claims offer the strongest path forward. This evaluation serves as the foundation for your entire case, helping you understand both the strengths and potential challenges ahead.

Collecting evidence and documentation

The hard truth is that employers rarely provide direct evidence of wrongful termination. In fact, most successful cases rely on circumstantial evidence that shows patterns of unfair treatment. A wrongful termination lawyer helps gather crucial documentation such as:

  • Text messages and emails with timestamps that document incidents
  • Performance reviews and write-ups that demonstrate unequal treatment
  • Employment contracts and handbooks
  • Witness statements from colleagues who observed discriminatory behavior

Timing can itself be powerful evidence—being fired shortly after reporting harassment or returning from medical leave creates suspicion that courts take seriously. Your attorney will help organize this evidence chronologically, creating a compelling narrative that supports your claims.

Negotiating settlements or filing lawsuits

Armed with solid evidence, your lawyer will typically attempt to resolve your case through settlement negotiations before proceeding to litigation. Settlement discussions offer several advantages, including:

  • Greater control over the outcome
  • Reduced time and financial burden
  • Potential confidentiality protections
  • Faster resolution than court proceedings

Your attorney communicates directly with employers or their representatives, leveraging the facts of your case to secure fair compensation. Should negotiations fail to produce acceptable results, your lawyer will prepare and file formal complaints with appropriate agencies like the Equal Employment Opportunity Commission (EEOC).

Representing you in court

Should your case proceed to court, having experienced legal representation becomes invaluable. Your wrongful termination lawyer will:

  • File all necessary legal paperwork within required deadlines
  • Present evidence effectively before judges or juries
  • Cross-examine witnesses and challenge opposing arguments
  • Guide you through testimony preparation

Throughout court proceedings, your attorney serves as your advocate, ensuring your rights remain protected while building leverage for your case. Moreover, having specialized legal representation significantly improves your chances of securing maximum compensation for your wrongful termination claim.

What to ask before hiring a wrongful termination lawyer

Choosing the right advocate requires asking specific questions during your initial consultation. Your selection process can make or break your wrongful termination case, so consider these essential inquiries prior to making any commitments.

Do they specialize in employment law?

Selecting an attorney with expertise in employment law typically yields better outcomes. Ask potential lawyers about their focus areas within employment litigation. Attorneys who primarily handle wrongful termination claims understand the nuances of these cases and stay current with evolving workplace laws. Experience in both negotiations and courtroom litigation indicates versatility in handling different case scenarios.

Have they handled similar cases?

Inquire about the lawyer's experience with cases resembling yours. Ask, "Have you worked with clients in my industry or job role?" Understanding their history with discrimination, retaliation, contract breach, or whistleblower claims helps determine if they're prepared for your situation. Request information about their approach to evidence collection, witness interviews, and employer negotiations.

What are their fees and billing structure?

Many wrongful termination lawyers operate under contingency arrangements, meaning you only pay if your case succeeds. Ask what percentage will be withheld from your recovery and whether that's calculated before or after expenses. Inquire how litigation costs like filing fees and expert testimony are handled—some firms advance these expenses while others expect ongoing reimbursement. Request a written fee agreement to avoid misunderstandings as your case progresses.

Will they handle your case personally?

Above all, determine who manages your case day-to-day. Some firms assign associates to handle routine matters after the initial consultation. Strong attorney-client communication remains crucial throughout your case, so establish expectations for regular updates through calls or emails.

Conclusion

Facing wrongful termination remains a challenging experience that affects your livelihood, professional reputation, and emotional wellbeing. Though California operates as an at-will employment state, numerous legal protections exist to shield workers from illegal dismissal. Discrimination based on protected characteristics, retaliation for exercising legal rights, violation of public policy, and breach of employment contracts all constitute valid grounds for wrongful termination claims.

Time matters significantly when pursuing justice for your case. Missing critical filing deadlines could permanently forfeit your right to compensation. Therefore, consulting a specialized employment attorney promptly after termination provides the best chance of preserving your claims and navigating complex legal requirements.

Qualified wrongful termination lawyers bring essential expertise that dramatically improves your prospects of securing fair compensation. These attorneys evaluate case merits, gather compelling evidence, negotiate settlements, and represent your interests throughout legal proceedings. Before selecting representation, however, ask pointed questions about their specialization, relevant case experience, fee structure, and personal involvement in your case.

Remember that California offers substantially stronger employee protections than federal standards alone. The state recognizes more protected characteristics and provides additional safeguards through various statutes and regulations. Understanding these rights empowers you to recognize when employers cross legal boundaries and take appropriate action.

Ultimately, wrongful termination cases require thorough documentation, timely action, and skilled legal advocacy. Though losing your job unfairly creates significant hardship, you need not face this challenge alone. With proper legal guidance and a clear understanding of your rights, you can hold employers accountable for illegal termination practices while securing the compensation you rightfully deserve.

Call 213-618-3655 for a free consultation.

Frequently Asked Questions (FAQs)

What should I do if I believe I’ve been wrongfully terminated?

If you believe you were wrongfully terminated, it is crucial to act quickly. Document everything, including any conversations with your employer or HR department. Consulting with an experienced employment attorney can help you assess your case and determine if you have a valid claim.

How do I file a workplace discrimination claim?

To file a discrimination claim, you must first report the incident to your employer or HR department. If the issue isn’t resolved, you can file a claim with the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH).

Can I file a sexual harassment claim even if I didn’t report it immediately?

Yes, you can still file a sexual harassment claim even if you didn’t report the harassment right away. However, it is best to report the harassment as soon as possible, as there may be time limitations on filing a claim.

What are my rights if my employer is not paying me correctly?

If your employer is not paying you correctly, you have the right to file a wage claim with the California Labor Commissioner’s Office. Setyan Law can assist you in recovering the wages you are owed, as well as any penalties for wage violations.

Can I file a sexual harassment claim even if I didn’t report it immediately?

Yes, you can still file a sexual harassment claim even if you didn’t report the harassment right away. However, it is best to report the harassment as soon as possible, as there may be time limitations on filing a claim.

What is retaliation, and how can I prove it?

Retaliation occurs when an employer punishes you for engaging in legally protected activities, such as reporting discrimination or taking family leave. To prove retaliation, you’ll need evidence such as timelines, communications, or witness testimony showing that you were punished for exercising your legal rights.

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Three Reasons to Work With Us: Setyan Law Is Here to Help

Whether you faced discrimination in the workplace or were wrongfully terminated, you have rights that a Rowland Heights employment lawyer from Setyan Law can help protect. Attorney Sam Setyan is ready to begin working on your case right when you call us.

01

Fighting for Your Rights

Attorney Sam Setyan uses aggressive representation and professionalism to protect clients. See our case results.

02

Understanding & Compassion

The legal professionals at Setyan Law know this is a difficult time. We will make it easier.

03

We Win Cases

Setyan Law achieves success for clients by developing strong, proven strategies. Free consultation: 213-618-3655

we Fight for Your Rights

You have rights in the workplace. You don’t deserve to be treated wrongfully by coworkers, supervisors, clients, customers, or anyone else while at work. Setyan Law has a team of employment lawyers in Rowland Heights who will stand by your side and help you get the justice you deserve.

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How an Employment Attorney in Rowland Heights Can Help You

Employment disputes are about more than winning. They often involve your livelihood and can impact your entire life. Setyan Law has a team of legal professionals and discrimination lawyers in Rowland Heights, CA.

We will review your case, gather evidence to support your claims, and fight for you to get the justice you deserve.

Please feel free to call us for a free consultation about your rights.