Wrongful Termination Attorneys

Last updated on September 15, 2025

At Burkhalter Kessler Clement & George LLP, we understand the particular financial pressures and economic concerns that weigh far more heavily on today’s businesses than they did a few decades ago. Many California businesses find that they must lay off employees in order to reduce costs and keep the company successful.

However, such a move can easily and unfortunately result in allegations of wrongful termination. Disgruntled by their sudden change in fortune, some employees will seek legal restitution for a wrong that the company may never have committed.

In wrongful termination cases, the accomplished team of employer defense attorneys at Burkhalter Kessler Clement & George LLP can make a powerful difference. We are proud to provide strategic and cost-sensitive representation to small- and mid-sized businesses in Orange County and throughout the state.

Protecting Your Business From Wrongful Termination Lawsuits

California employers face increasing scrutiny when making personnel decisions, especially in cases involving alleged wrongful termination. Even within the framework of at-will employment, where employers may terminate workers without cause, legal challenges can arise if the termination appears to violate public policy or statutory protections.

A proactive approach to wrongful termination defense is essential to safeguard your California business from costly employment-based litigation. Employers can reduce risk by implementing clear and consistent documentation practices. Here are some suggestions to consider:

• Maintaining accurate performance reviews that reflect objective criteria, ensuring employees receive and acknowledge the employee handbook
• Applying company policy uniformly across all departments
• Conducting regular training on compliance with the Fair Employment and Housing Act
• Recording disciplinary actions with specific dates and supporting evidence
• Documenting employee complaints and the steps taken to address them
• Keeping records of promotions, demotions and transfers with justification

Adopting these measures can help establish a defensible record and demonstrate good faith in your employment practices. When disputes arise, having a documented history of fair treatment can be a decisive factor in resolving wrongful termination claims efficiently.

Defenses To Wrongful Termination Lawsuits

Defending against a wrongful termination claim benefits significantly from an understanding of California employment law and the specific facts surrounding the termination. Employers accused of an unlawful termination may assert several defenses depending on the circumstances.

• The termination was consistent with at-will employment principles
• The employee was terminated due to documented misconduct
• The employer followed all procedures outlined in the employee handbook
• The decision was based on legitimate business needs, not discrimination or retaliation
• The employee failed to meet the expectations outlined in performance reviews
• The termination complied with all relevant company policy and legal standards
• The employer did not violate the California Fair Employment and Housing Act

Your defense must be supported by credible evidence and thorough documentation. An attorney experienced in employment litigation can help you navigate these challenges and present a compelling case.

It is unwise to wait until a lawsuit is filed to prepare a defense. With guidance from our knowledgeable team, businesses can identify vulnerabilities, strengthen internal policies and respond decisively to allegations of wrongful termination. We offer tailored strategies to protect your company’s reputation and financial stability.

Experienced Representation At Trial Or Using ADR Methods

Although we are well-known as highly successful litigators, we do not force clients to go that route. If it is not in our client’s best interests to take the matter to trial, we can facilitate arbitration, mediation or other alternative dispute resolution (ADR) methods.

Our Southern California wrongful termination lawyers defend employers in lawsuits involving allegations of:

• Sexual harassment, discrimination or other public policy violations
• Employment contract violations
• Retaliatory discharge after a whistleblower claim
• Fraud, termination after inducement or other wrongs

Contact Burkhalter Kessler Clement & George LLP

To arrange a consultation with one of our wrongful discharge lawyers, call Burkhalter Kessler Clement & George LLP at 888-714-1738 or send an email to our Irvine office. We look forward to speaking with you about your legal options.