If you are an employee in California, you are working on an at-will basis. You have the right to leave your job anytime for any reason. Your employer also has similar rights. They can legally fire you from the position anytime, without needing to give you any justification for their decision. While you may feel aggrieved for being summarily dismissed, there is not much you can do about it unless you can prove wrongful termination. In which case, you can hire one of the best wrongful termination lawyers in Los Angeles, explore your legal options, and get justice.
Wrongful Termination: Definition
Wrongful termination is getting fired from the job for wrongful or illegal reasons. Even with at-will employment, the law prohibits your employer from firing you for reasons that are discriminatory or violate public policies. If you can prove this with evidence, you can sue your employer and get compensation. Aside from paying you damages, your employer may also have to pay penalties and your legal expenses.
The issue, however, is that all cases of termination do not fit into the legal definition of wrongful termination. So, before you attempt to take any legal action against your employer, you should consult one of the best wrongful termination lawyers in Los Angeles about your specific situation. Find out first if you have a legal case and if it will be worth pursuing from the financial angle.
Wrongful Termination: Examples
It may constitute wrongful termination if your employer fired you from your job in Los Angeles for any of the following reasons:
Age (being over 40)
Race
Religion
National origin
Gender
Gender identity
Sexual orientation
Pregnancy
Medical condition
Mental or physical disability
Marital status
Military status
According to the Fair Employment and Housing Act (FEHA), your employer cannot fire you or retaliate against you for:
Asserting your legal rights in the workplace.
Reporting illegal activities or dangerous practices in the workplace.
Protesting against lack of workplace safety.
Complaining about health issues caused by unsafe work practices.
Asking for proper compensation for overtime or double-time work.
Taking legally mandated meal and rest breaks.
Filing an Occupational Safety and Health Administration (OSHA) compliant.
Having a specific political affiliation.
As per the California Family Rights Act (CFRA), your employer cannot terminate you for:
Take family leave for which you are eligible, such as taking 12 weeks of leave in one year after the birth, adoption, or fostering of a child.
Take leave to attend to your health condition or look after a sick child, spouse, or parent.
As per the Healthy Workplaces, Healthy Family Act, employers cannot fire you for:
Taking paid sick leave for which you are eligible
Taking leave to provide preventive care to family members.
Taking leave to care for family members with existing health conditions
Taking leave to get medical, legal, or social services aid for reasons related to domestic violence, sexual assault, or stalking.
Aside from these examples, it is wrongful termination if you are not an at-will employee and have a formal or implied work agreement with your employer and they fire you in violation of the terms of your work agreement.
Wrongful termination: Your legal options
You have various legal options if you have been wrongfully terminated and have the evidence to prove it. The first thing to do is find and consult one of the best wrongful termination lawyers in Los Angeles. Many lawyers offer a free initial consultation during which they will assess your case and decide if it has legal merit. Your claim for wrongful termination will stand scrutiny in court if you can show that your employer had illegal motives for firing you or that they deliberately made the workplace environment so difficult for you that you couldn’t continue to work there.
Once the wrongful termination lawyer decides to take your case, they will conduct a thorough investigation of the matter, speak to your employer and witnesses, and gather sufficient evidence in your favor. They will try to negotiate a settlement with your employer, and if that does not work, file a claim with the appropriate governmental agency. They can also file a lawsuit and represent you in court.