Suing for Wrongful Termination in Los Angeles?

While California is an "at-will" employment state, meaning that an employer can fire you for any lawful reason or no reason at all, there are several significant exceptions to the "at-will" rule. Some might argue that the exceptions trump the law. This is where the word "wrongful termination" comes into play. For example, the employer cannot fire you for an immoral cause, which is an exception to the at-will rule.

Find a Labor Attorney for Wrongful Termination Claims

Both federal and state laws forbid discrimination against individuals based on their ethnicity, gender, or other inalienable characteristics. In some areas, such as California, religious views, national origin, ethnicity, and, in some cases, sexual orientation is protected characteristics in this group.

Wrongful Termination Under California Law

In general, California agrees that all work contracts are terminable at any time. However, state and federal laws, as well as violations of public policy, have exceptions. In California, the plaintiff must prove the following to make a wrongful termination claim:

The nature of a working partnership between an employer and an employee.
The employer fired the plaintiff employee (or other adverse employment action)
It was a breach of public policy that he was shot.
Plaintiff suffered civil damages as a result of the termination.

Claims of Wrongful Termination

A wrongful termination suit may be filed in California if an employer breaches public policy by dismissing an employee. Here are some examples:

Discrimination based on race, gender, disability, ethnicity, and other factors may lead to an employee's dismissal.
Firing an employee in violation of the FMLA or CFRA (Family Medical Leave Act)
An employee is fired because he or she protested poor working conditions.
An employee is fired for reporting that other workers are not receiving overtime or other wages that are owed to them.
An employee who discusses pay with coworkers is fired.
An employee is fired after he or she reports misappropriation of public funds.
Retaliating against an employee for internal disclosure of "illegal, unethical, or unsafe practices" that impact the public at large, not just the employer: "Public" policy can be violated by retaliating against an employee for internal disclosure of "illegal, unethical, or unsafe practices" that affect the public at large, not just the employer.
Firing an employee for refusing to sign a non-competition agreement has been found to be a violation of the basic public policy expressed in Bus. & Prof.C. 16600.
Terminating an employee for violating a non-compete arrangement with a previous employer (violates the public policy of favoring open competition and employee mobility)
An employee is fired for refusing to sign a release form that releases the employer from future fraud and intentional actions.
An employee is fired because he or she refuses to take a random drug test (this is split in case authority)
Jury duty: Labor Code 230(a) forbids discrimination or discharge based on an employee's participation in jury duty (after reasonable notice to the employer)
Testimony: The Labor Code forbids discrimination or discharge based on an employee's taking time off to testify in court as a witness (after giving the employer fair notice).
Domestic abuse complaint: Discrimination against a domestic violence survivor who takes time off to obtain judicial relief is illegal under the Labor Code. Unless fair notice is provided in advance, the employee must offer certification to the employer within a reasonable period after the court appearance (in the form of a police report, court order, documentation from a medical professional, etc.).

The Labor Code forbids employers with a workforce of 25 or more employees from discriminating against domestic violence victims who seek medical attention, use a domestic violence program or psychiatric therapy, or engage in safety planning. The employer must receive the same notice or certification.

Workplace safety complaint: The Labor Code expressly forbids discrimination or dismissal for raising concerns about hazardous working conditions or procedures.
Whistleblowing: The Labor Code forbids retaliation against workers who inform a government entity of an employer's breach of state or federal regulations.
The Labor Code forbids an employer from disciplining or dismissing an employee for revealing the sum of his or her wages.
Disclosing working conditions: According to the Labor Code, an employee cannot be disciplined or fired for disclosing details about the employer's working conditions. This act has been acknowledged as providing a sufficient public policy on which to base a wrongful termination argument.

Wrongful termination occurs when you warn someone in management within the company, or an investigator within the company, or a regulatory body or law enforcement outside the company, that the company is doing criminal actions, and you are fired in retaliation. You had the right to object to the illegality, and you should presumably "blow the whistle" to put an end to the illegal activities. You were wrongfully dismissed if you declined to engage in unethical activity and were shot. In the event that you were fired in retaliation for trying to unite your coworkers for collective bargaining, you were fired illegally.

Even if it happened out of the blue, coping with wrongful termination will leave you unsure of what to do next. You could have put in a lot of effort for your boss just to be fired for no apparent reason. If you have any doubts about the reasons for your termination, you can immediately contact a professional Los Angeles wrongful termination lawyer.

Despite the fact that certain work relationships are "at will," your boss is unable to fire you for any reason. You would have protection if you were wrongfully dismissed for the reason that is covered by state or federal law.

Here's what you can do:

1. Take Initiative

Cover yourself if you believe you have been wrongfully terminated. Before you're fired, you may start collecting evidence and facts. It can be difficult to retrieve information from archives, colleagues, and others once you leave your workplace. Get the personal information (such as names and personal phone numbers) of key people involved, as well as any documents that might be relevant to your case, before your boss summons you to his or her office.

2. Keep your cool

When dealing with wrongful firing, you should avoid getting emotional, even though you think you're being shot. It can be overwhelming and upsetting to lose your money. You may be concerned about how you'll pay your bills and care for your family. Losing your composure, on the other hand, will add fuel to your boss's burn. You must maintain your composure when dealing with wrongful termination.

3. Conduct research

It's difficult to deal with wrongful firing, and the case is rarely straightforward. You can learn everything you can about your situation. Looking up information on the internet, asking experts questions, and reading state and federal laws are all examples of this. A wrongful termination lawyer, on the other hand, will assist you in understanding the legal problems you're dealing with.

4. Keep track of everything you're going through.

Not knowing what happened could be used against you by the boss who wrongfully fired you. You will avoid this by recording anything that happens to you and receiving evidence from someone else that can assist you. If you simply believe you would be wrongfully dismissed, you should avoid causing a ruckus at work. If your boss has already fired you, however, reach out to someone who may know more about your situation. When coping with wrongful firing, you can keep a log to record all that happens and all details you receive.

5. Consult a Wrongful Termination Lawyer

It's best to consult with a professional attorney who is familiar with the law and understands what government officials and judges are searching for when dealing with complicated legal issues. Wrongful termination is subject to a variety of state and federal statutes, as well as legislation imposed by government agencies. You would almost certainly be required to file a lawsuit with a government entity, which could later escalate to the level of a court complaint. When it comes to unfair firing, it's best to consult with an experienced labor attorney.

6. Be ready for something that comes your way.

Your employer is almost certainly going to contest your unfair termination lawsuit. You'll be more prepared for whatever your boss throws at you after you've collected facts, done legal research, and hired an employment attorney.

You will also want to prepare a clarification for prospective employers who may inquire about your current employer's termination. You don't have to tell them all about your situation, but you should be open and frank about what happened. Employers may be wary of applicants who have had legal problems in the past. You should be prepared to talk about unfair firing in the future.

In California, you may file a claim for wrongful termination.

Both California and federal labor laws have strict procedures that a claimant must follow in order to defend their rights. The federal Equal Employment Opportunity Commission (EEOC) first looks at any allegations of discrimination. The Equal Employment Opportunity Commission (EEOC) has the power to file a civil lawsuit against an employer that has been convicted of unfair conduct, such as wrongful termination.

The Department of Fair Employment and Housing in California serves a similar function, overseeing the prosecution of discrimination-related cases in the state. The DFEH, unlike the EEOC, will file a complaint with the Fair Employment and Housing Commission. Before taking their argument to a civil court, the complainant must exhaust all administrative remedies in this location. If you have been wrongfully terminated due to discrimination or sexual harassment, you can contact the Equal Employment Opportunity Commission (EEOC) and the Department of Fair Employment and Housing (DFEH) to pursue the justice you deserve and keep your employer accountable. Our pre-screened Los Angeles wrongful termination lawyers will help you navigate the complexities of both state and federal trials.

Wrongful Termination for Breach of Contract in California

If you aren't an at-will employee, it's probably because your work contract specifies that you can only be fired under certain circumstances, such as "for a good cause."

If you have such an arrangement, the employer will be committing wrongful termination if you were fired for a reason not mentioned in the agreement.
If your agreement specifies that you can only be fired for "good cause," your employer's specified reason for firing you must match the agreement's definition of "good cause."
Similarly, if the employer claims your termination was due to the arrangement, but the given reason is really a ruse for some other unethical reason, it will be unfair termination.

Even if you don't have a written agreement with your employer, a court can find that you have an oral employment agreement or an implied employment contract.

If your company has a written policy specifying that it only fires workers "for a good cause," an implicit contract can be identified.

Breach of the Good Faith and Fair Dealing Covenant

If your employer fires you in an egregiously unjust manner, you will be able to sue for wrongful termination on the grounds that your employer breached their "covenant of good faith and fair dealing."

Both parties are bound by an "implied pact of good faith and fair dealing" in any contract.

This essentially means that the parties to the agreement are presumed to pledge not to do something unreasonable or in bad faith to deprive the other party of the agreement's benefits.

This means that, in the form of an employment arrangement, a California employer has a basic duty to work with its employee in order for the employee to complete his or her duties.

Lies, evasions, intentional inaction, lack of contact, and other forms of intervention or obstruction are all possible violations of the covenant of good faith and fair dealing and may result in a wrongful termination lawsuit in California in some situations.

Retaliation for Sexual Harassment Complaints

Sexual assault is illegal in the workplace. It is regarded as a form of unlawful discrimination.

Under California law, the employer has an affirmative obligation to have a sexual harassment-free workplace.

As a result, it is unlawful for your employer to fire you or otherwise discriminate against you for revealing or talking about sexual assault (whether directed at you or anyone else) or for testifying in or initiating a sexual harassment investigation or other proceedings.

As a result of taking a family or medical leave, you could face retaliation.

You cannot be fired if you take or inquire about family medical leave.

Employees in California are protected from retaliation by their employers if they use unpaid sick leave for the diagnosis, care, or treatment of an underlying health condition or for preventative care for themselves or a family member.

In fact, if you seek paid sick leave and are fired within 30 days of making the request, it is considered to be unfair termination, and the employer has the burden of proving that the reason for your firing was anything other than your request for or use of sick leave.

Employers cannot fire you for taking family or medical leave as provided by the Federal Medical Leave Act (FMLA) or the California Family Rights Act.

If you work for an employer protected by one of these rules, you have the right to take up to twelve weeks off for a serious health problem you or a family member has.

If you are fired in California while on FMLA leave or within 90 days of returning from FMLA leave, the law presumes that you were fired for cause, and the burden of proof transfers to your employer to show that you were not fired for that purpose.

Retaliation Against Whistleblowers

Your employer cannot fire you for reporting the employer's violations of local, state, or federal laws, rules, or regulations as "whistleblowing."

You cannot be fired by your employer for disclosing unsafe working conditions.

Retaliation for Reporting Wage and Hour Law Violations in California

Employers in California are prohibited from firing or retaliating against you if you:

Unpaid salaries, overtime pay, and/or unpaid meal and rest break violations are all things that people complain about or record.
Filing a lawsuit with the Department of Industrial Relations for unpaid wages or for exercising any rights guaranteed by the California Labor Code, whether on your own behalf or for other workers.

Discrimination Against Pregnant Women

In California, pregnancy-related discrimination is described as being fired because you are pregnant, planning to become pregnant, or dealing with pregnancy-related medical problems or complications after giving birth.

Under the California Fair Employment and Housing Act and the Pregnancy Discrimination Act, this is an illegal termination.

If you seek pregnancy-related job accommodations, such as leaves, and are rejected or fired. As a result, this is often considered unconstitutional pregnancy discrimination.

Wrongful Termination in California Due to Discrimination

Employers in California are barred from discriminating against workers based on those personal characteristics.

Wrongful Termination in California for Violation of Public Policy

As previously stated, there are a variety of explanations why your termination in California could be deemed against public policy and therefore illegal.

In general, if you are fired for any excuse that is illegal under California law, it may be called wrongful termination, and you may be entitled to sue and recover damages.

Such wrongful grounds for dismissal include:

Details about hazardous working conditions should be made public (such as failing to pay commissions or accrued vacation pay). [Section 232 of the California Labor Code]
Taking a break from work to serve on a jury. 230(a) of the California Labor Code
[California Labor Code 96(k)] An employee's lawful behavior during nonworking hours and away from the employer's premises.
When an individual has been a victim of such crimes, taking time off from work for tasks related to the victim's rights is permissible. [Section 230 of the California Labor Code]
Obtaining a lactation accommodation or expressing breast milk at the workplace. 1030-1033 (California Labor Code)
The California Department of Industrial Relations keeps track of these and other anti-retaliation and anti-discrimination regulations.

What kind of Payable Damages might I expect?

Your wrongful termination case's worth will be determined by your specific damages. There are no two claims that are alike. The outcome of your case will be determined by how much your termination costs you in terms of missed wages, legal costs, and emotional distress. A consultation with a wrongful termination attorney is the best way to get an accurate estimate of how much money you may be entitled to. An attorney will assess the facts of your case and determine a fair injury award. After that, the lawyer will send you a demand letter outlining the compensation you want.

Compensation for lost profits in the past and in the future
For the time between your verdict and your return to work, you will be paid in advance.
Compensation for bonuses and benefits that were not received
Compensation for squandered work opportunities, such as promotions or overtime pay.
Re-establishment of your working position
The costs of looking for a new career or studying for one.
Expenses incurred as a result of needing to seek treatment or medical attention.
Punitive damages to prosecute the employer for violating labor laws.

The best way to maximize your compensation is to hire a Los Angeles employment lawyer. A lawyer would be able to negotiate a fair settlement or verdict on your behalf. The largest sums are usually awarded in cases where the victim has suffered the most losses.

Severance Packages

After a wrongful firing, certain employers may receive a severance package. This is also an effort to buy cooperation so that the employee would not speak out about an unfair practice. Before accepting any severance package or signing any papers, consult a wrongful termination attorney if you believe you were fired for an improper cause. What could seem to be a generous payment now may preclude you from receiving the compensation you deserve in the future. Do not relinquish your rights until pursuing legal action against your boss.

Is it possible for me to regain my job?

After being wrongfully discharged, it is possible to reclaim your work in Los Angeles. If you successfully settle your lawsuit or if a judge rules in your favor, you might be entitled to involuntary work reinstatement as part of your compensation package. Your employer could have no choice but to return your work to you, along with any benefits you were due prior to the litigation, such as a raise or promotion. However, regaining your work is not a foregone conclusion.

As part of a wrongful termination settlement, some employers opt not to provide workplace reinstatement. Instead of returning the employee's work, they can give front pay or some form of a compensation award. Both the employer and the employee are likely to choose a new arrangement over returning to the same situation. Returning to the workplace where you just filed a complaint about damages can be unsettling for you as an employee. You may want a new start somewhere else and be willing to accept a settlement deal that excludes work reinstatement.

Statute of Limitations for Wrongful Termination

A statute of limitations is the amount of time you have from the day you were fired to file a lawsuit. Wrongful termination cases are complicated by the fact that the time limit varies depending on:

Your grounds for wrongful termination
The jurisdiction and department for which you register

Filing a complaint with the DFEH

The FEHA is violated in the vast majority of unfair termination claims in Los Angeles. FEHA cases are filed with the California Department of Fair Employment and Housing under California state law. The statute of limitations on these forms of claims is one year from the date of termination. A delegate will decide whether or not to initiate an investigation after receiving a complaint intake form. You must first receive a Right to Sue notice if you do not wish to use the DFEH investigation process and instead file a complaint. This would be best if you have already hired a wrongful termination lawyer.

Filing a complaint with the Equal Employment Opportunity Commission (EEOC)

A petition for unfair firing under federal law, such as Title VII of the Civil Rights Act, may also be brought for discrimination. An employee has 180 days to file a complaint with the EEOC for these types of allegations. This time limit has been extended to 300 days in California due to local laws. Before serving a Right to Sue notice, a charge is filed and investigated, just as it is in the DFEH.

Other California deadlines include the following:

Two years for a violation of an implicit contract or public policy.
Three years for whistleblower allegations
Three years under the WARN Act
Four years for breaching a written contract.

What Is Constructive Dismissal and How Does It Work?

Most states accept the legal principle of voluntary dismissal, in which an employee resigns because working conditions have become unbearable to the point that he or she can no longer work for the company. Despite the fact that the employee willingly resigned, the employee had no other fair option due to the inhumane working conditions.

For legal reasons, the employee's resignation is ignored because the working contract was effectively terminated involuntarily due to the employer's behavior. In this case, the resignation is regarded as a dismissal. The employee could have a claim for unfair constructive dismissal if the employer's activities are illegal or violate an express or implied employment contract. Consider one of our prescreened California Lawyers in your Cal Bar Attorney Search.

A Constructive Dismissal Claim's Components

An employee cannot actually resign and demand constructive dismissal. In California, for example, an employee must demonstrate that:

His or her working conditions were so unusually hostile that any fair employee in his or her place would have felt compelled to resign.
The employer either wanted to compel the resignation or knew about the inhumane working conditions.

An employee who claims he or she was constructively fired must prove that the circumstances that led to the dismissal were sufficiently exceptional and egregious to transcend a professional and fair employee's natural incentive to stay on the job.

Before an employee's termination is considered a constructive dismissal, he or she must have engaged in a trend of exceptional and egregious conduct. In certain cases, a single negative assessment or other isolated actions may not create unacceptable or exceptionally adverse working conditions. However, in extreme cases, a single act, such as an employer's crime of violence against an employee or an employer's demand that an employee commits a crime, can be sufficient to constitute extraordinarily adverse circumstances.

Courts consider a variety of factors when determining whether an employer's actions amount to sufficiently unacceptable or egregious working conditions to justify constructive dismissal, including:

If the employee was asked or forced to engage in illegal behavior
Whether or not the employer properly remembered and investigated the employee's grievances
The unlawful activity of the employer's nature
The amount of time that has passed between the supposedly criminal behavior and the employee's resignation.

"Rational Individual" as a Concept

It's not enough for an employee to think his or her working conditions are unbearable. Instead, courts consider whether the circumstances are unusually egregious and unfavorable to a normal individual. Even if the employee feels he or she cannot operate under the conditions imposed by the employer, the employee's resignation would be considered as a voluntary resignation by the employee if a rational individual in the employee's position does not find the conditions intolerable.

Employer Responsibility

In general, an employee must demonstrate that the employer either wanted to establish or maintain unacceptable working conditions or had knowledge of such conditions in order to prove that the employer compelled the employee to quit. A constructive dismissal does not usually occur if an employer should have learned about the unacceptable conditions but didn't.

Employees should normally inform management or anyone in a position of authority of the situation so that the employer can remedy it. If the employee fails to notify the employer and the employer does not learn of the inhumane working conditions on his or her own, the employee will normally be unable to establish a constructive dismissal claim.

Factors to Consider

Employees are usually assumed to be working on an at-will basis. This ensures that the employee can be fired at any time and for any reason. Employers are not required by law to treat their workers equally or to have a stress-free workplace. Employers are instead allowed not to behave in a racist or otherwise illegal manner. Courts normally would not allow workers to bring constructive dismissal charges unless the employer has engaged in unethical or illegal actions or has breached an employment contract.

Why Do I Need the Services of an Employment Attorney?

You are not required by California law to hire a wrongful termination attorney to represent you in an employment law violation case. However, if you try to handle the case on your own, you can end up settling for less than your case is worth—or not getting a settlement at all. Only an employment lawyer in Los Angeles has the expertise and qualifications necessary to achieve the best possible outcomes in your case. You should concentrate on your family and your future while your case is being handled by a wrongful termination attorney.

Using the services of a Los Angeles, wrongful termination lawyer will help you increase your chances of success. A lawyer will go up against your boss and hold him or her responsible for any wrongdoing. During the claims process, you won't have to worry about an insurance firm or a large organization taking advantage of you. Every step of the way, your wrongful termination attorney will defend your legal rights and best interests.

Find a Wrongful Termination Attorney in Los Angeles

California Labor Law is complicated, and the complexities of your case shall depend on the unique characteristics of your employment experience. 1000Attorneys.com is a California Bar Association Certified Free Attorney Referral Service that can refer you to the best Employment Attorney that's fit to handle your case.