Bakersfield Wrongful Termination Lawyer

Losing a job is hard enough. Losing it right after a work injury, a complaint, or a report of something unlawful can leave you wondering whether your employer was allowed to do it. In California, the answer turns on the reason behind the firing. A Bakersfield wrongful termination lawyer can help you sort out which law applies, where a claim is filed, and how long you have to act.

J Smith Law, PC is a small Bakersfield firm built around workers’ compensation and the job-protection questions that often follow an injury on the job. Attorney Jaime L. Smith and our team can review what happened in a free consultation. Call (661) 716-5555 or contact us to get started.

Why Choose J Smith Law, PC After a Firing Tied to a Work Injury

When a firing follows a work injury, the dates that matter most usually sit inside the injury claim itself. Because our practice centers on workers’ compensation claims, we know that side of the record well.

Jaime L. Smith has been licensed in California since 2010 and is a member of the Kern County Bar Association. As a small, local firm, we can give each client personalized attention, and our team works with clients in both English and Spanish.

What Counts as Wrongful Termination in California

In California, a firing is wrongful when the law forbids the reason behind it. A sudden or unfair firing is not wrongful on that basis alone, which can be frustrating to hear when the decision felt personal.

For example, a worker cut in a companywide reduction and a worker let go a week after reporting a back injury may both feel blindsided, but the timing in the second case is the kind of fact the law examines closely.

Is California an At-Will State?

Yes. Under Section 2922 of the California Labor Code, either you or your employer can end a job that has no set term by giving notice to the other side, and that notice can come at the moment of the firing. An employer does not have to explain the decision, but at-will status has never allowed a firing for a reason the law prohibits.

Illegal Reasons for Firing an Employee in California

California law names specific reasons an employer may not use to fire you:

Firing Someone for Filing a Workers’ Compensation Claim Is Illegal

Firing a worker because of a workers’ compensation claim is the form of retaliation most closely tied to a work injury. The protection also reaches workers who have received a rating, award, or settlement in their claim. When a violation is shown, the remedies the law names include reinstatement, which means getting your job back, and reimbursement for lost wages and work benefits.

A firing during recovery can raise questions under both your workers’ compensation claim and employment law. If you have been cleared for limited duty, the rules on returning to work after an injury can matter as much as the firing.

How Long Do I Have to Act After a Wrongful Termination?

The two most common deadlines differ in both length and where the claim is filed. A petition for workers’ compensation retaliation must be filed with the Workers’ Compensation Appeals Board within one year of the discriminatory act or the date you were let go. A FEHA discrimination or retaliation complaint has a longer window. Under Section 12960 of the California Government Code, it is filed with the California Civil Rights Department, the agency that enforces FEHA, within three years of the unlawful practice. A right-to-sue notice from the department generally comes before any lawsuit.

A worker who assumes the longer deadline covers everything can run out of time on the shorter one.

How Wrongful Termination Claims Are Proven

Employers rarely announce an illegal motive, so these cases are usually built from surrounding facts, such as timing and how the employer treated other workers.

For whistleblower retaliation claims, Section 1102.6 of the California Labor Code shifts the burden in the worker’s favor. Once a worker shows by a preponderance of the evidence, meaning more likely than not, that the protected report was a contributing factor in the firing, the employer must prove by clear and convincing evidence, a much higher standard, that it would have made the same decision for legitimate, independent reasons.

Frequently Asked Questions About Wrongful Termination

Does It Matter If My Employer Called It a Layoff?

The label matters less than the reason. An employer can call a firing a layoff, a restructuring, or a position elimination, but if the real reason was one the law prohibits, the same protections apply.

Can I Be Fired for Testifying in a Coworker’s Workers’ Compensation Case?

No. California’s workers’ compensation retaliation law also protects employees who testify, or say they plan to testify, in another employee’s case before the appeals board.

Can My Employer End My Job While I Have an Open Workers’ Compensation Claim?

An open claim does not make a job untouchable. An employer can still end employment for a lawful reason unrelated to the claim, such as a genuine business closure, but it cannot make the claim, or your plan to file one, the motive. Questions about being fired while receiving workers’ compensation usually come down to timing and whether the employer’s stated explanation holds up.

Talk With a Bakersfield Wrongful Termination Lawyer

When the reason for a firing does not add up, it helps to have someone look closely at the timing, the paperwork, and the deadline that applies to you.

At J Smith Law, PC, Jaime L. Smith works with Bakersfield workers who believe they were let go for an illegal reason, and we offer a free consultation. Call (661) 716-5555 or reach out to our office to speak with a Bakersfield wrongful termination lawyer about what happened.