Employees who have been wrongfully terminated do not have to navigate the legal process alone. Lawyers for Justice, PC is a highly regarded Los Angeles wrongful termination law firm dedicated to upholding employees’ rights and holding employers accountable for unlawful actions. The firm’s experienced employment attorneys are well-versed in the emotional and financial hardships associated with unfair job termination.

Lawyers for Justice, PC is committed to pursuing justice for employees impacted by wrongful termination, whether due to discrimination, retaliation, or violations of workplace laws. The firm works diligently to ensure that affected individuals receive the compensation and respect they are entitled to under the law.

The firm is available 24/7, Lawyers for Justice, PC offers free case consultations. To speak with a  representative, call (818) 265-1020 or complete the firm’s online contact form.

What is Wrongful Termination? 

In California, wrongful termination occurs when an employer illegally fires an employee, violating state or federal laws or the terms of an employment contract. Common grounds include discrimination (based on race, sex, religion, etc.), retaliation (for whistleblowing or reporting harassment), and breach of contract (where the termination violates agreed-upon terms). 

California’s Fair Employment and Housing Act (FEHA) and other statutes protect employees against these unlawful practices, making it possible for wrongfully terminated workers to seek legal recourse.

What are the Different Types of Wrongful Termination?

Discriminatory Wrongful Termination

California has robust laws in place to protect workers from discrimination in the workplace. Under both state and federal law, employers are prohibited from firing employees based on certain protected characteristics. These protections ensure that individuals are not subject to wrongful termination due to inherent traits or personal attributes. These protected classes include:

• Race, Color, or National Origin
• Sex or Gender Identity
• Age (40 or older)
• Disability (Physical and Mental)
• Sexual Orientation
• Religion, Beliefs, or Practices
• Marital Status
• Pregnancy
• Military or Veteran Status
• Medical Condition

Retaliatory Wrongful Termination

Retaliatory wrongful termination occurs when an employer fires an employee as a response to the employee engaging in legally protected activities. California law strictly prohibits retaliation, ensuring that employees are not punished for asserting their rights or reporting unlawful conduct. Common forms of retaliation include firing someone for:

• Whistleblowing
• Filing a Workers Compensation Claim
• Reporting Discrimination or Harassment
• Participating in Legal Actions
• Exercising Workers Rights (Unionization)
• Refusal to Engage in Illegal Activities

Breach of Contract

In California, an employee’s termination may be considered wrongful if it violates the terms of a written or implied employment contract. A breach of contract occurs when an employer fails to follow the provisions outlined in an agreement between the employer and the employee. This can apply in various situations

• Violating Written or Implied Contracts
• Termination Without Cause (Contact Employees Only)
• Termination in Violation of Promises or Representations Made During Hiring

What Are The Most Common Examples of Wrongful Termination?

Discrimination Based Wrongful Termination

Employers cannot fire employees due to protected characteristics, such as race, gender, religion, age, sexual orientation, or disability. Such terminations are prohibited under the California Fair Employment and Housing Act (FEHA) and federal anti-discrimination laws.

Fired for Taking Protected Leave

California laws like the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) allow employees to take medical or family leave without fear of losing their job. Firing someone for taking legally protected leave constitutes wrongful termination.

Retaliation for Reporting Workplace Violations

Employees who report illegal activities, unsafe working conditions, harassment, discrimination, or other workplace violations are protected from retaliation. Firing an employee for engaging in these protected activities is a common form of wrongful termination.

Los Angeles Wrongful Termination Laws That Protect You

California provides strong protections against wrongful termination to ensure employees are not unlawfully fired. These protections cover a range of situations, from discrimination and retaliation to breaches of public policy and contract violations.

Fair Employment and Housing Act (FEHA): Prohibits discrimination, harassment, and retaliation based on characteristics like race, gender, religion, sexual orientation, age, disability, and more. It also protects employees who report such discrimination.

California Family Rights Act (CFRA): Grants employees the right to take family and medical leave without fear of losing their jobs, similar to the federal Family and Medical Leave Act (FMLA).

Whistleblower Protection Act (Labor Code §1102.5): Protects employees who report illegal activities or refuse to engage in them. Employers cannot retaliate against employees for reporting violations.

Labor Code § 6310: Protects employees from termination if they report unsafe working conditions or other violations of occupational safety and health regulations.

Labor Code § 98.6: Prevents employers from firing employees who file wage and hour complaints or who exercise their labor rights, including filing claims for unpaid wages.

Jury Duty and Voting Protections (Labor Code §§ 230, 230.3): Prohibits termination for fulfilling civic duties such as voting or serving on a jury.

California WARN Act: Requires employers to provide advance notice of mass layoffs or company closures. Failure to provide notice can be grounds for a wrongful termination claim.

What Should I Do If I Was Wrongfully Fired

If an employee believes they have been wrongfully terminated in Los Angeles, there are several steps they can take to protect their rights and pursue potential legal action:

Keep Documentation

It is essential to collect all relevant documents, such as termination letters, employment contracts, performance reviews, emails, and any written policies or handbooks. Maintaining a record of communications related to the termination, including dates and witnesses, can provide crucial evidence to support a claim.

Take Action Immediately

California law imposes specific statutes of limitations for wrongful termination claims, typically ranging from two to three years depending on the type of claim, such as discrimination, breach of contract, or retaliation. Missing these deadlines can result in losing the right to pursue legal recourse. Employees should begin gathering evidence and seek legal advice promptly to ensure their case is filed within the required timeframe.

Consult With a Los Angeles Employment Attorney

Seeking legal counsel is critical for individuals who suspect wrongful termination. An experienced employment attorney can help employees understand their rights and explore potential remedies. Lawyers for Justice, PC, a prominent Los Angeles-based employment law firm, specializes in cases involving wrongful termination, discrimination, retaliation, and other employment-related issues. The firm’s attorneys possess extensive knowledge of California labor laws and are dedicated to achieving fair outcomes for their clients.

Avoid Social Media

Employees should refrain from posting details about their termination, potential claims, or any information about their employer on social media. Publicly shared information can be used against the individual during investigations or legal proceedings, and seemingly harmless comments may undermine the credibility of a case. To safeguard their claim, employees should keep details confidential and discuss their situation only with trusted advisors and legal counsel.

Taking these steps promptly can significantly strengthen an employee’s case and improve their chances of achieving a favorable outcome.

How Do I Prove Wrongful Termination?

Document Evidence of Discrimination or Retaliation 

When an individual believes they were terminated due to discrimination, such as on the basis of race, gender, or age, or retaliation, such as whistleblowing or filing a complaint, it is essential to gather evidence. This evidence may include emails, text messages, or documents that show discriminatory remarks or retaliatory actions. Even indirect comments or behaviors from supervisors can help establish a pattern of unlawful conduct.

Performance Reviews and Work History

Employers often argue that termination was based on poor performance. Positive performance reviews, records of meeting expectations, or evidence of consistent work achievements can counter such claims and demonstrate that the stated reason for termination was likely a pretext for illegal discrimination or retaliation.

Gain Witness Statements

Colleagues who observed discriminatory or retaliatory behavior can provide critical support for a claim. Obtaining written statements from coworkers or others who witnessed incidents or heard remarks from the employer can strengthen the case.

What Can a Wrongful Termination Lawyer Do For Me?

A wrongful termination lawyer plays a crucial role in supporting individuals who have been unfairly dismissed. In California, where most employment is “at-will,” employers generally have the right to terminate employees for nearly any reason or no reason at all. However, terminations that violate state or federal laws, public policy, or the terms of an employment contract are unlawful.

A wrongful termination lawyer helps determine whether a firing falls into one of these exceptions. They guide individuals through the legal process, providing an advocate who will investigate the claim, navigate complex legal frameworks, and hold the employer accountable for their actions.

The goal of a wrongful termination lawyer is to maximize the damages recoverable, which may include compensation for lost wages, emotional distress, and, in some cases, punitive damages. With their expertise, employees can better understand their rights and take the necessary steps to achieve a fair resolution.

What Damages Can Be Collected in a Wrongful Termination Lawsuit?

Lost Wages

One of the primary damages in a wrongful termination case is compensation for lost wages. This includes income the individual would have earned from the time of termination until the resolution of the case or the point at which new employment is secured. In some situations, future wages may also be recoverable if the termination has long-term effects on the individual’s earning capacity.

Lost Benefits

In addition to wages, individuals may be entitled to recover the value of lost benefits such as health insurance, retirement contributions, bonuses, or stock options. Compensation may also cover out-of-pocket expenses incurred due to the loss of these benefits, such as medical costs that would have been covered by employer-sponsored health insurance.

Punitive Damages

Punitive damages may be awarded in cases involving egregious or malicious actions by the employer. These damages serve to punish the employer and deter similar conduct in the future. Although not applicable in every case, punitive damages can significantly increase the compensation received if awarded.

Pain and Suffering

Wrongful termination often causes emotional distress, including anxiety, depression, and harm to professional reputation. Damages for pain and suffering address the psychological and emotional toll of losing a job under unlawful circumstances. This is especially relevant when the termination results in embarrassment, humiliation, or undue stress.

By taking these steps and seeking experienced legal representation, individuals can protect their rights and pursue justice for wrongful termination.

Frequently Asked Questions About Wrongful Termination in Los Angeles