Los Angeles Wrongful Termination Lawyer

Wrongful Termination

It is stressful to lose your job for any reason, but if you are the victim of wrongful termination involving harassment, discrimination, or retaliation, it is unlawful. Contact Lawyers for Justice, PC, if you have been illegally terminated, fired, or laid off. We can help get you compensated for your losses.

Wrongful Termination Lawyers Serving California

It is crucial to secure counsel from an experienced wrongful termination lawyer. Here are some reasons to consider contacting Lawyers for Justice, PC:

  • The team at Lawyers for Justice, PC has been serving mistreated employees in California for over a decade;
  • We’ve recovered over one hundred million dollars on behalf of thousands of California workers and consumers;
  • Our team understands the complicated nuances of California and federal employment laws; and
  • We handle various employment law concerns with the utmost care, passion, and professionalism.

No company, regardless of size or stature, should ever get away with employee mistreatment. Lawyers for Justice, PC was founded in 2008 to give people the power to assert their rights. Since then, we’ve become one of the nation’s leading employment litigation practices representing workers.

What Does a Los Angeles Wrongful Termination Lawyer Do?

Lawyers for Justice, PC, employs wrongful termination lawyers who that have worked with many employees who have lost their jobs for unfair reasons. California is an “at-will” employment state, which means employers can fire workers for any reason, at any time, but that doesn’t mean every termination is legal. The law is rather complex. With legal representation, a skilled wrongful termination attorney will help determine if your termination is an exception to the “at-will” employment rule.

Some examples of wrongful termination include firing an employee for refusing to break a law, taking medical leave, or taking time off for military service. Termination can also be illegal if it violates an employment contract, public policy, or state/federal laws.

A Los Angeles wrongful termination lawyer will factor in all aspects of your claim and applicable laws and statutes when investigating your case. Our goal is to build the strongest case possible based on which laws were broken in order to maximize the damages you can recover.

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Types of Wrongful Termination

  • Termination for Discriminatory Reasons: Termination due to your age, gender, race, national origin, religion, sexual orientation, disability, or medical condition. If fired after you heard discriminatory comments by a manager or supervisor, reported an injury or pregnancy, you may have been terminated for a discriminatory reason. Evidence of discrimination also includes when employees over the age of 40 are laid off in favor of younger employees in disproportionate numbers.
  • Termination for Retaliatory Reasons: Employees are protected and encouraged by state and federal laws to report wrongdoing. Therefore, firing someone for reporting discrimination, sexual harassment, unsafe working conditions, or labor code violations is considered retaliation. If you’re fired for requesting benefits you’re entitled to such as medical leave or overtime pay, this is also retaliatory. So is termination for reporting employer violations to outside agencies or refusing to engage in illegal activity.
  • Termination in Breach of Contract: Employment contracts are typically formal documents, but information in emails and other communications can also imply the terms of a contract. A breach of contract may occur when the company agrees to hire an employee for a certain number of years, but terminates them before that term has expired. Even if an employer argues the termination was due to subpar performance, an employee can counter by saying they performed their duties as laid out in the contract. An employer’s justification can therefore be considered an excuse, and a violation of an existing employment contract indeed took place.
  • Constructive Termination: An employee who resigns rather than gets fired can claim constructive termination in some circumstances. California law recognizes situations in which working conditions are made so intolerable an employee has no other choice but to leave the company. Examples include demoting an employee, cutting back their hours or rate of pay, or failing to prevent harassment, which would leave the worker with little choice but to leave their job.

When Employers Violate Public Policy

Employers in California are forbidden from firing an employee who requires time off for jury duty, to vote, or serve in the armed forces. It is also illegal to fire someone because they were injured on the job and filed a workers’ compensation claim. Discrimination in the workplace is also a widespread problem. An employee cannot be let go because of their race, gender, sexual preference, and a host of other factors that do not have any bearing on their work performance.

Employees can also exercise their right to report illegal activity or unsafe conditions to, for example, the Occupational Safety and Health Administration (OSHA), as whistleblowing is a protected activity. If specified workplace safety regulations are violated, workers are free to report them while employers can face stiff penalties for retaliation. Retaliation includes any form of misconduct expressly or implicitly because of the employee’s report.

How Does the Wrongful Termination Complaint Process Work?

In California, the wrongful termination reporting process involves several key steps. Employees who believe they have been wrongfully terminated can file a complaint with the California Division of Labor Standards Enforcement (DLSE) within a specified timeframe, typically within six months to a year, depending on the nature of the claim.

The complaint should detail the reasons for the alleged wrongful termination, such as discrimination, retaliation, or violation of public policy. The DLSE will then investigate the complaint, which may involve gathering evidence, interviewing witnesses, and reviewing relevant documents.

If the DLSE finds merit in the complaint, they may attempt to resolve the dispute through mediation or conciliation. If the employer and employee cannot resolve the issue, the DLSE may issue a right-to-sue letter, allowing the employee to file a lawsuit against their former employer.

Employees must follow the prescribed reporting process and seek legal guidance to effectively navigate their rights and options. A wrongful termination lawyer in Los Angeles can help guide you through this process to ensure your rights are protected, and you are in a position to receive the most favorable results.

What Steps Should I Take?

If you believe your employer engaged in discrimination, retaliation, or defamation that led to your dismissal, contact our wrongful termination attorneys right away. Quickly taking the steps will protect your rights.

Do These 3 Things If You’ve Been Fired.Make sure you have all relevant documents, such as your own account of incidents or events, termination notice, personnel file, performance reviews, pay stubs, employee policies and, if applicable, employment contracts, union contracts, emails, or internal memos.

Your next step should be to contact a Los Angeles wrongful termination attorney. A wrongful termination case can be complex and challenging, but an attorney can analyze your claim to build a strong case. They can even help file your complaint with the EEOC.

Damages for Wrongful Termination

A wrongful termination case is a civil lawsuit in which an employer is required to pay a plaintiff monetary damages. These damages can include:

  • Lost Wages: Wages you would have earned had your employer not fired you, including overtime and other compensation. Compensation can be reduced by wages you earn after termination, but if you get hired at a lower pay, damages will equal the difference between what you earned before and your current salary.
  • Lost Benefits: Compensation for the value of medical/dental insurance, a pension plan, stock options, retirement benefits, and other employment benefits you received while working for the company.
  • Pain and Suffering: If you suffered emotional distress (such as depression or anxiety) due to your employer’s actions, as verified by a mental health professional, you may be eligible for monetary damages.
  • Punitive Damages: Awarded when a defendant’s behavior is especially severe, punitive damages are intended to punish employers for their actions and deter others from behaving in a similar manner.
  • Attorney’s Fees: Depending on your case, you might recover attorney’s fees and other costs associated with the legal process, including court expenses.

Contact Lawyers for Justice, PC Today for a Free Consultation

If you feel you’ve been wrongfully terminated, contact Lawyers for Justice, PC, and our unlawful termination attorneys will determine if your employer violated any federal or state laws. To get started, call (818) 647-9323 and receive a free consultation, today!

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