Collier Law Firm

How to build a wrongful termination case in California

2026-01-22T18:14:04Z

Losing your job unexpectedly is a massive gut punch. You worked hard and stayed loyal, only to have your livelihood ripped away without warning. While California is an "at-will" employment state, your boss cannot use that status as a shield for illegal behavior. Companies do not have a license to discriminate against you or punish you for doing the right thing. You deserve respect and justice, not a pink slip built on lies. Understanding your rights is the first step toward holding them accountable.

When "at-will" becomes a cover for illegal acts

Employers often cloak themselves in “at-will” protections and use paper-thin excuses for terminating workers. Often, their reasons are a direct violation of your rights. Under the California Fair Employment and Housing Act (FEHA) and the Labor Code, you may have a claim if the termination stems from:

Retaliation: You reported sexual harassment or demanded unpaid overtime, and they fired you shortly after.
Discrimination: They targeted you because of pregnancy, age, race, religion or a disclosed disability.
Whistleblowing: You refused to engage in illegal activity or reported safety hazards to agencies like Cal/OSHA.

Being fired for any of these reasons violates fundamental public policies, meaning your employer’s "at-will" defense won't hold up in court. Identifying red flags early allows you to preserve the evidence necessary to prove your employer's motives were retaliatory or discriminatory.

Building an arsenal of evidence

To expose a "pretext" (the fake reason an employer gives for firing you), you need documented proof. Under the California Labor Code, you have the right to request your personnel file, and the company generally has 30 days to provide it. Start gathering these items:

Internal communications: Save emails or chat logs that show a sudden shift in your manager's tone.
Performance reviews: Keep copies of positive evaluations to disprove claims of "poor performance."
Paper trail: Request your payroll records and employee handbook to see if they followed their own disciplinary steps.

While documentation is a powerful tool, it is only one piece of the puzzle. A strong record helps your lawyer build a narrative that challenges the company's version of events.

Managing your legal strategy

Before you can file a lawsuit for most discrimination claims, California law requires you to obtain a "Right-to-Sue" notice from the Civil Rights Department (CRD). You generally have three years from the date of the incident to file this administrative complaint. Missing a single deadline or misinterpreting a labor code can derail your case before it even starts. Working with a skilled employment law attorney who understands the tactics corporations use to silence workers can help you level the playing field and achieve justice.

5 insurance mistakes crash victims should avoid

2025-11-05T20:59:53Z

It is normal to feel shaken and confused after a car accident. But the moments and days that follow are crucial because what you say or do can affect your ability to recover compensation. While your insurance company may seem helpful, remember that its main goal is to minimize payouts. In California, several factors can affect the amount you receive for your injuries and property damage. So, before you say or do anything, take note of the five top mistakes you should avoid after your crash.

Rushing a recorded statement

Insurance adjusters often ask for a recorded statement soon after a crash. While this may seem routine, it can be risky. Most victims are not thinking clearly due to shock, making it easy to say something that can later be used against them, even harmless phrases like I am fine or I did not see them. If you were in a crash, talk to your lawyer before speaking to the insurance company.

Accepting a settlement offer too soon

Be careful if the insurance company offers you a check right away. Quick settlements usually do not cover long-term medical care, lost income or pain and suffering. Once you accept, you typically waive your right to ask for more, even if your injuries worsen later.

Admitting fault while confused

Insurance companies may consider comments like I am so sorry, I should have stopped sooner or I did not see the light as admissions of fault. Let your attorney handle liability and refrain from saying anything. California’s comparative negligence laws mean that even small statements can reduce your final compensation.

Forgoing medical treatment

Even if you feel fine, you need to visit a doctor as soon as possible. If you skip this part, the insurance company may argue that you are well enough or not really injured, which means there is no need to approve your claim. But remember, not all symptoms will show up right after the accident. Some medical issues will surface days or weeks post-crash. During your checkup, your doctor can document your condition and note any potential injuries that might develop later.

Handling everything on your own

Insurance companies have teams of lawyers and adjusters working for them, so you need to hire your own attorney to give your claim a better chance at approval. A well-practiced car accident attorney can handle communication with the insurer, gather evidence and ensure you are not pressured into a low settlement. You do not have to worry about getting justice while recovering from an accident. Hire a lawyer who can protect your rights and secure the compensation you deserve while you focus on getting better.

Who is liable for Uber or Lyft accidents in California?

2025-10-31T14:22:58Z

When an Uber or Lyft is in a crash, liability depends on who caused the accident and which insurance policy was active. In California, the driver’s app status at the moment of impact is key.

How coverage changes by app status

Which insurance applies depends on what the driver was doing in the app when the crash happened. Rideshare insurance in California is tiered by activity:

App off: The driver’s own car insurance covers the accident.
App on, waiting for a ride: Uber or Lyft adds limited coverage: at least $50,000 per person, $100,000 per crash for injuries and $30,000 for property damage.
Driver on the way to pick up or driving a passenger: Uber or Lyft’s full commercial insurance applies with up to $1 million in coverage plus protection if the other driver has no or too little insurance.

These rules follow California’s at-fault system which decides who pays based on who caused the crash. Under Proposition 22, rideshare drivers are considered independent contractors, not employees and get a special type of accident coverage instead of regular workers’ comp.

Who may be liable

Liability in a rideshare accident can extend beyond the driver alone. More than one party could share fault:

Rideshare driver: For speeding, distraction or unsafe driving.
Another driver: If they caused the collision.
Uber or Lyft insurer: If the app was active.
Other parties: Such as a vehicle manufacturer, repair shop or public agency responsible for unsafe road conditions.

California’s comparative negligence law can reduce or divide compensation based on each party’s share of fault.

Evidence that helps your claim

Good documentation strengthens your case and speeds up coverage decisions. Gather the following as soon as possible:

App records: Screens showing your app status, trip ID or route map.
Scene documentation: Photos, videos, witness contacts or the police report number.
Medical records: Immediate and follow-up evaluations.

Early evidence helps confirm which policy applies and supports your claim for damages.

Getting guidance on next steps

Because Uber and Lyft drivers are independent contractors, the companies aren’t always responsible when a driver causes a crash. Still, their insurance covers people hurt in an accident when the app is on. If you’re hurt in an Uber or Lyft accident, it is recommended to talk to a California personal injury lawyer. They can explain your coverage, save important app evidence and make sure you don’t miss any claim deadlines.

Truck oil spills are a serious safety concern

2025-02-27T21:34:24Z

Oil on the road can be deadly, especially if the spillage comes from a large truck. Unfortunately, this is something that happens, and many drivers are injured and even killed every year as a result. Why do truck oil spills happen, and who can be held liable for them?

Poor maintenance

Proper maintenance is an essential part of road safety for commercial trucks. In fact, truck drivers and trucking companies are legally mandated to maintain their vehicles to a certain standard. Worn out engine seals, cracked oil pipes and other poorly maintained components can result in oil spills. Oil in any quantity on the road causes other vehicles to lose traction, potentially resulting in catastrophic accidents.

Improper loading

Not only do truck engines contain oil, but trucks themselves often carry large tankers of oil. When these tankers are not loaded properly and secured, they can fall onto the road and burst. Even if the tanker does not come off completely, if it has not been properly loaded or is leaking, the residue oil can end up on the road, resulting in serious accidents.

Who’s responsible?

Several parties can be held responsible for oil spills. These include:

The driver: Drivers have a responsibility to inspect their vehicle before leaving.
The trucking company: Trucking companies have a duty to ensure that their fleets are safe and well-maintained.
Cargo loaders: Cargo loaders who have been negligent may be held liable.

If you have been injured because of an oil spill, compensation is a possibility. This can help cover your medical costs and other expenses. Seek legal guidance to find out more.

Can independent contractors be whistleblowers?

2025-02-28T14:10:42Z

Whistleblowing helps uncover wrongdoing and protect the public. In California, new laws now protect more than just regular employees. Independent contractors can report illegal activities without fear of retaliation. This change shows that people understand how work is changing. It is vital to protect those who speak out against misconduct.

What can protect independent contractors?

California law protects employees who report wrongdoing. The Labor Code defines a whistleblower as someone who tells about violations of laws or rules. Recent changes now include independent contractors as "employees" in some cases. The law also protects workers who report illegal activities from retaliation. Recent legal cases suggest that independent contractors might also get these protections if they face retaliation. Judges look at how much control the hiring company has over the worker, blurring the line between an employee and a contractor. These changes show that all workers, regardless of status, have the right to report wrongdoing without fear.

What legal developments impacted whistleblower protections?

The California Supreme Court's decision changed how we classify workers. They introduced the "ABC test." This test helps decide if a worker is an employee or an independent contractor. Under the ABC test:

A: The worker needs freedom from the hiring entity's control.
B: The worker should do tasks outside the hiring entity's usual business.
C: The worker must have an independent trade or business like their work.

This test makes it more likely that some independent contractors will become employees. As employees, they get whistleblower protections under California law.

Who can you trust to take on your side?

If you are an independent contractor seeking to investigate suspicious business activities, you should know how the law can protect you. Talk to an attorney whose foundations are integrity and trust. They can help you understand your rights and options in this situation.

Who can file a wrongful death lawsuit?

2025-02-28T14:10:50Z

Wrongful death lawsuits are a way for those who lose a loved one due to another’s negligence or misconduct to pursue justice. In cases where an individual's premature death is the result of either neglect or wrongful acts, a civil lawsuit may be possible. The people directly affected by an individual's premature passing can take action to hold the business or person responsible for the tragedy financially accountable. Wrongful death lawsuits can lead to compensation for losses ranging from medical expenses to the income that the deceased individual could have provided the family if they had not died. They can also be a source of closure, especially if the state did not prosecute the party at fault for the tragedy. Who generally has the authority to file a wrongful death lawsuit in California?

State statutes empower multiple parties

In many jurisdictions, wrongful death lawsuits either begin with actions initiated by a personal representative or by members of the deceased individual's family. The law in California is more flexible. The personal representative of the estate chosen by the deceased individual in their estate planning documents or appointed by the courts can initiate the lawsuit. Close surviving family members of the deceased individual can also initiate litigation. Parents, domestic partners, spouses and surviving children are among those with the authority to take legal action seeking compensation from the party at fault for a tragedy. They are also typically the primary beneficiaries of successful lawsuits. Under current California rules, proceeds from the lawsuit may go to cover estate costs and are also eligible for distribution among dependent surviving family members. In many cases, the personal representative of the estate may defer to family members. However, if they fail to take action in a timely manner, then the personal representative may begin the litigation process. They may recognize that grief has prevented the family from acting and may seek to prevent the statute of limitations from expiring. Initiating a wrongful death lawsuit can potentially give families closure and provide them with compensation after a tragedy. Those grieving a tragedy should not have to absorb the financial losses generated by the misconduct or negligence of others.

What are protected bike lanes?

2025-02-28T14:10:58Z

A traditional bike lane offers cyclists their own space to ride, usually near the shoulder of the road. But it’s just a painted line on the pavement. Many accidents happen when drivers make mistakes, such as a driver who uses the bike lane while making a right turn. There’s nothing to prevent these types of errors. A protected bike lane, on the other hand, is physically separated from the road. This can be done in a few different ways. Some protected bike lanes have a curb. Others are elevated to a higher level than the road near them. Still others will use bollards or pylons. Regardless of the specific design, there is a physical barrier that a car would strike before hitting a cyclist.

How well do these work?

Research has found that protected bike lanes are very effective. In fact, in areas where these lanes are used, the number of collisions and injuries tends to drop by anywhere from 30% to 50%. Interestingly, this also means that even people who are not cyclists have a greater degree of safety in these areas. Pedestrians are hit less often and drivers are involved in fewer multi-vehicle collisions. Part of the reason for this may simply be that protected bike lanes are different than what drivers are used to, so they pay careful attention when driving near them. A driver may be less likely to text and drive if they’re trying to watch the bollards on the side of the lane to avoid scraping their car, for example. In this sense, protected bike lanes help to keep everyone safe.

Have you been injured?

Unfortunately, as effective as these are, accidents still happen. If you have suffered injuries, be sure you know how to seek financial compensation for medical bills and other costs.

How personal injury compensation can help

2025-02-28T14:11:07Z

If you have been injured in a car crash, personal injury compensation could be an option. This is certainly the case if the crash was caused by another individual's negligence. Post-accident, the last thing on your mind may be compensation. However, after receiving medical treatment, it is important to think about your legal rights. Personal injury compensation can help you in the following ways.

Medical expenses

If you’re seriously injured, then you will need medical attention. Even minor injuries may require some treatment. None of this is free. Your insurance may cover some of the costs, but that still impacts your premium and there are often out-of-pocket expenses even with insurance. Personal injury compensation can take this into account. You may be awarded money for your initial treatment and ongoing healthcare needs related to the accident.

Lost wages

When recovering from serious injuries, it’s unlikely that you’ll be able to work. This means no income, or at least a reduced income, for potentially a long period. A personal injury claim can factor in lost wages. You can claim for the wages lost during your recovery period.

Other expenses

Personal injury compensation can help with a host of other expenses. For example, you may require:

Adaptations to your home such as ramps, widened doors and handrails
Home help. You may also require a carer or nurse to visit your home while you recover
Property damage. You can get money back for your damaged vehicle
Pain and suffering. You may also be awarded damages for your pain and suffering and loss of enjoyment in life

Personal injury compensation is definitely something to consider if you have been injured in a car crash. Seek legal guidance to find out more about the subject.

This November, California’s minimum wage is on the ballot

2025-02-28T14:11:15Z

Californians are used to voting on ballot propositions regarding issues from same-sex marriage to the legalization of recreational marijuana and a host of proposals that affect how the state spends taxpayer money. This November, the state minimum wage is in voters’ hands. California has among the highest minimum wages in the U.S., and some cities have higher ones. However, a person earning minimum wage cannot be self-supporting on that income alone. The annual amount of income earned by someone making minimum wage is around $33,000. The average cost of living for Californians is about $20,000 above that. The minimum wage typically increases annually based on the cost of living. The current California minimum wage of $16 is set to increase to $16.50 in the new year.

The changes included in Proposition 32

If Prop 32 on the November ballot passes, here’s what it would do:

The minimum hourly wage paid by employers with over 25 employees would immediately increase to $17, and then to $18 per hour on Jan. 1, 2025.
The minimum wage paid by employers with 25 or fewer employees would increase to $17 on Jan. 1, 2025, and then $18 at the beginning of 2026.
After these initial increases that put the state minimum wage at $18 per hour in 2026, minimum wages would be adjusted each year based on the inflation rate.

The measure could benefit any hourly worker – but especially those just entering the workforce or even starting with a new employer. However, it’s particularly intended to improve the wages of grocery store workers, restaurants and other mostly essential employees who are the most likely not to earn much above the minimum wage.

What does the opposition say?

Not surprisingly, those opposing the measure are groups representing grocery store and restaurant owners as well as and California Chamber of Commerce. They point out that the “horribly flawed measure” is written by “one multimillionaire alone.” They claim it “increases the cost of living, eliminates jobs, makes our state and local government budget deficits worse, and makes California’s complex minimum wage laws even harder for businesses and workers to understand.” Regardless of what happens with this measure, all employees must ensure that they’re earning at least the minimum wage they’re due under the law. If you’re having wage issues that you can’t resolve with your employer, it may be work getting legal guidance to protect your rights.

Distracted driving is frequent and likely underreported

2025-02-28T14:11:23Z

Studies find that distracted driving, despite being illegal, is still very common. For instance, in one study, researchers determined that about 7.6% of drivers are using a smartphone at any given time. At this very moment, roughly 7.6% of the people on the road are probably looking at their phone screens rather than looking at the traffic around them.

It is also important to consider how often this distraction causes accidents. For instance, one study determined that the crash risk while distracted could be up to six times as high as it would be otherwise. Distracted drivers cause thousands of accidents every year. In 2021, those accidents took the lives of 644 people who weren’t even in other vehicles. They were children, pedestrians, cyclists and the like. And that doesn’t even consider everyone who suffered injuries or passed away after a distracted driving accident in another car.

Why would it be underreported?

Distracted driving is probably underreported because it is difficult to prove.

If a drunk driver causes a car accident, the police can give that driver a breath test. They can give them field sobriety tests. They may get the results of blood tests or urine tests from the hospital. They can prove that the driver was under the influence, and they know why that driver caused the crash.

But with distraction, there may not be any evidence. Unless there are records of device activity – such as a driver sending a text message seconds before the crash – the driver may simply deny that they were distracted by their device. Maybe they were just browsing social media or looking for a new song. As such, the number of distracted driving accidents reported every year is likely far lower than the number that actually occur.

Those who have been injured need to know how to seek financial compensation for medical bills and more.