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Los Angeles Wrongful Termination Lawyer
Although California is an “at-will” employment state, California employees still have legal rights that protect them from being wrongfully terminated in violation of California’s public policies. Being fired or laid off is very stressful and frustrating, but it’s even worse when you believe you were wrongly terminated from your job.
In California, there are strict employment laws in place to protect workers from wrongful termination by their employers. If you’ve lost your job and feel you’ve been wrongfully terminated, it’s important to understand your rights and the protections provided by the law. Equate Law has highly skilled attorneys experienced in representing employees in wrongful termination cases. Some damages that may be recovered in a wrongful termination case are: lost wages and benefits, emotional distress, and attorney fees and costs.
What Is Wrongful Termination?
Wrongful termination is the illegal firing of an employee. Although an employer can generally hire and fire its employees at any time, the employer cannot fire employees for unlawful reasons. Generally, wrongful termination occurs when an employer fires an employee because of the employee’s protected characteristic(s) or because the employee engaged in protected activity.
Some examples of wrongful termination would include being fired for: (1) reporting illegal activity within the company, (2) reporting discriminatory practices, and (3) retaliation for filing a complaint or participating in an investigation regarding discrimination or harassment in the workplace. There are numerous federal and state laws that protect Los Angeles, California employees from being wrongfully terminated by their employers. If you think you have been wrongfully terminated, you need a los angeles wrongful termination attorney with experience on your side.
Do I have a Wrongful Termination Claim?
If your employer has violated a federal or state law when they fired you, you may have a valid wrongful termination claim. If you were fired based on one of the below reasons, you may have grounds for a wrongful termination claim.
– Employment Contract Claims: Some employment contracts have provisions that guarantee employment for a certain amount of time or limit an employer’s ability to terminate an employee’s employment. For example, some employment contracts state that the employer can only fire the employee for cause, such as committing a criminal act. Other employment contracts require the employer to pay the employee a fixed amount of money called a severance or a “golden parachute”, upon firing the employee. If your employer breaches the terms of your employment contract when they fire you, then you may have a claim for wrongful termination.
– Discrimination Claims: In California, employers cannot base the employment decisions, such as firing, on employees’ protected characteristics. Treating you differently because of your protected characteristics is discrimination. Some of the characteristics protected in California are: race, religious creed, color, national origin, ancestry, physical disability, mental disability, reproductive health decisionmaking, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, victim of stalking, victim of assault, victim of domestic violence, or veteran or military status. If you believe that your employer based its employment decisions, such as firing or disciplining, on your protected characteristics, then you may have a claim for wrongful termination and you may be entitled to compensation.
– Retaliation Claims: Your employer cannot retaliate against you when you engage in a protected activity, such as taking/requesting medical leave or reporting illegal activity at the company. California has many laws that protect employees by making retaliation unlawful. An employer cannot fire you for taking or requesting medical leave, taking time off for jury duty, requesting sick leave, reporting unsafe working conditions, complaining about your wages and meal breaks, complaining about discrimination and harassment, refusing to participate in illegal activity at work, or filing a workers’ compensation claim.
– Complaints About Unsafe Working Conditions: The California Occupational Safety and Health Act of 1973 gives all employees the right to file a complaint about workplace safety and health hazards with Cal/OSHA. Employees have the right to speak up and report health and safety issues and hazards to their supervisors and employers. Employers cannot fire you for complaining about unsafe working conditions, such as dirty bathrooms, unsanitary employee facilities, lack of accessible water, heat exhaustion, and understaffing at the workplace. Employers must follow numerous California health and safety laws because employees have health and safety rights in the workplace.
Losing your job is not easy, and being fired unfairly can be especially devastating. Fortunately, there are legal remedies available for employees who have been wrongfully terminated. Damages awarded in these cases can include back pay to cover lost wages, as well as front pay to account for future lost earnings. Emotional distress damages may also be awarded to address the mental and emotional toll of being let go, while punitive damages may be assessed against the employer as a form of punishment for their actions. While nothing can truly undo the harm caused by wrongful termination, knowing that justice can be served may offer some comfort to those who have experienced this type of workplace injustice.
Equate Law has years of experience and knows how to handle wrongful termination cases. Let our experienced Los Angeles Wrongful Termination Attorney stand up for your rights and get you the compensation that you deserve. There are strict deadlines on when you can bring a wrongful termination claim in California. In order to make sure you have a valid wrongful termination, it is best to consult with an experienced employment attorney as soon as you suspect you were wrongfully fired from your job.
Protections California At-Will Employees
Employment in California is governed by the concept of “at-will” employment, meaning that either the employer or the employee may terminate the employment relationship at any time, with or without cause. However, this does not mean that employers have a free pass to discriminate against their employees. Discrimination based on race, religion, national origin, gender identity/expression, sexual orientation, disability, medical condition, pregnancy, or age is strictly prohibited under California law. So if you believe you have been the victim of such discrimination, it is important to consult with an attorney to understand your rights and options. There are more protections and exemptions from the “at-will” policy available to employees in Los Angeles. For instance, firing an employee for engaging in an activity that is protected by public policy is prohibited. Additionally, an implied employment contract or covenant can also prevent an employer from terminating an employee. Whistleblowing is another exception, as well as exercising the right to be free from discrimination and harassment in the workplace. Similarly, an employee cannot be fired for taking time off to serve on a jury, vote, or for taking leave under the Family Medical Leave Act. Lastly, reporting sexual harassment is protected and cannot result in termination. These exceptions ensure that employees are not unlawfully dismissed from their jobs and can have recourse in case of mistreatment.
Steps To Take If You Have Been Wrongfully Terminated
If you believe you have been wrongfully terminated, the following steps can help protect your rights:
- Document the situation: Make notes of everything that occurred leading up to and including your termination. This will be helpful if you decide to file a complaint or lawsuit later.
- Contact an attorney: A skilled wrongful termination attorney can help you evaluate your situation and determine the best course of action. Equate Law has experienced attorneys who can provide expert legal advice and representation in your case.
It’s an unfortunate reality that wrongful termination happens all too often in the workplace. Whether it’s due to discrimination, retaliation, or whistleblowing, it’s important to understand that these types of firings are illegal. No employee should ever be let go simply for speaking up about unfair practices or for being different from those around them. It’s important for both employers and employees to understand the laws surrounding wrongful termination and work together to ensure that every individual is treated fairly and respectfully in the workplace. Many employers in Los Angeles, California abuse the “At-Will” employment state regulation when they engage in illegal hiring and firing practices. Companies cannot simply state “you are not a good fit for this role” to hide their unlawful employment practice or discriminatory animus towards you.
Losing your job can be an incredibly stressful experience and can feel like a major injustice. If you believe that you have been fired unfairly, it’s important to take action and advocate for your rights. At Equate Law, our experienced attorneys are here to help. We understand how devastating it can be to lose your job without cause, and we are dedicated to fighting for our clients’ rights. By contacting our firm, you can begin exploring your legal options and taking steps towards the justice you deserve. Don’t wait—reach out to us today to learn more about how we can help you.
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